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HARVEY v. MOORE

No. JJ-51.

358 So.2d 1095 (1978)

Jackie HARVEY and Marvin Tyre, Appellants, v. B.G. MOORE, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied June 6, 1978.

Attorney(s) appearing for the Case

John S. Winnie, of Winnie & Winnie, P.A., Gainesville, for appellants.

Frederick T. Mickler, III, of Brannon, Brown, Norris, Vocelle & Haley, P.A., Lake City, for appellee.

PER CURIAM.

The interlocutory appeal is DISMISSED. Rule 4.2 c, F.A.R. Treating the appeal papers as a petition for common law certiorari, certiorari is DENIED.

McCORD, C.J., and SMITH, J., concur.

BOYER, J., dissents.

BOYER, Judge, dissenting.

I would treat this case as a review by common law certiorari, would grant the petition and reverse.

The issue is whether the learned trial judge erred when ordering the plaintiff (petitioner...

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