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WINDHOVER ASS'N, INC. v. GULF OIL REALTY CO.

No. 81-741.

407 So.2d 603 (1981)

WINDHOVER ASSOCIATION, INC., a Florida Corporation, Petitioner, v. GULF OIL REALTY COMPANY, a Delaware Corporation, and Robert T. Craig, Respondents.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 23, 1981.

Attorney(s) appearing for the Case

Kenneth M. Clayton of Clayton & Landis, Orlando, for petitioner.

David U. Strawn of Akerman, Senterfitt & Eidson, Orlando, for respondents.

PER CURIAM.

The petition for writ of certiorari, seeking review of a non-final order dismissing one count of a multi-count complaint, with leave to amend, is denied. Petitioner fails to show that material injury will result from the order and that the remedy by appeal will be inadequate. Hawaiian Inn of Daytona Beach, Inc. v. Snead Const. Corp., 393 So.2d 1201 (Fla. 5th DCA 1981).

ORFINGER, COBB and COWART, JJ., concur...

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