PER CURIAM.
MAGER, C.J., and CROSS, J., concur.
DOWNEY, J., concurs specially, with opinion.
DOWNEY, Judge (concurring specially).
I am compelled to concur specially in the decision to affirm this case because the bar needs to be put on notice that this court intends to comply with the Rules of Civil Procedure as they are written, which intention constitutes a departure to some extent from tradition.
The appellant as respondent below...
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