JOHNSON, Justice, would deny the writ application.
Originally, I was of the opinion that this case should be remanded to the court of appeal for a review of the merits, mainly because the district court may have contributed to the procedural confusion with the expansive language in the Order for Suspensive Appeal.
The Order for Suspensive Appeal signed by Judge Gerald Federoff (pro tempore) on November 12, 2003, stated:
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