Opinion
2004-1122.
September 29, 2004.
In Mandamus. On S.Ct.Prac.R. X(5) determination and consideration of respondent's motions to dismiss and to strike. Upon consideration,
IT IS HEREBY ORDERED that respondent's motion to strike is granted and the August 13, 2004 affidavit of Douglas E. Hart and all references to it in relator's August 16, 2004 memorandum in opposition to respondent's motion to dismiss are stricken.
IT IS FURTHER ORDERED that respondent's motion to dismiss is denied and an alternative writ is granted.