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PERRY v. FIREMAN'S FUND INS. CO.

No. 79-1285.

379 So.2d 429 (1980)

Willie Mack PERRY, Petitioner, v. FIREMAN'S FUND INSURANCE COMPANY and David Ussery, Respondents.

District Court of Appeal of Florida, Second District.

January 30, 1980.

Attorney(s) appearing for the Case

James W. Kelly of Livingston & Kelly, Sebring, for petitioner.

W. Robert Mann and David Paul Montgomery of Mann & Fay, Bradenton, for respondents.

OTT, Judge.

Willie Mack Perry, plaintiff below, appeals the amended order of the trial court which abated his action against Fireman's Fund and its insured, David Ussery. For the following reasons we treat the order of the trial court as a stay of the proceedings and the appeal as a petition for certiorari to review a nonappealable interlocutory order.

Petitioner filed a complaint against David Ussery on May 9, 1978, alleging negligent operation of a motor...

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