Opinion
No. 92-2839.
April 2, 1993. Rehearing Denied May 18, 1993.
Appeal from the Circuit Court for Brevard County, Frank R. Pound, Jr., Judge.
Dale O. Morgan and Donovan A. Roper of Dean, Ringers, Morgan Lawton, Orlando, for appellant.
No appearance for appellee.
DISMISSED.
DAUKSCH and COBB, JJ., concur.
DIAMANTIS, J., dissents with opinion.
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 a denial by the trial court of a motion for summary judgment based upon a claim of qualified immunity to a civil rights action filed pursuant to Title 42, section 1983.