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DUNNING v. PEREGOY

No. 92-2839.

617 So.2d 1091 (1993)

Roy DUNNING, in his Individual Capacity, Appellant, v. Robert PEREGOY, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 18, 1993.

Attorney(s) appearing for the Case

Dale O. Morgan and Donovan A. Roper of Dean, Ringers, Morgan & Lawton, Orlando, for appellant.

No appearance for appellee.

PER CURIAM.

DISMISSED.

DAUKSCH and COBB, JJ., concur.

DIAMANTIS, J., dissents with opinion.

DIAMANTIS, Judge, dissenting.

I dissent from the dismissal of this appeal. I would treat the appeal, under Florida Rule of Appellate Procedure 9.040(c), as a petition for certiorari and address the merits as the court did in the case of Tucker v. Resha, 610 So.2d 460 (Fla. 1st DCA 1992), which also involved...

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