
    Roy DUNNING, in his Individual Capacity, Appellant, v. Robert PEREGOY, Appellee.
    No. 92-2839.
    District Court of Appeal of Florida, Fifth District.
    April 2, 1993.
    Rehearing Denied May 18, 1993.
    Dale 0. 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 DCA1992), 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.  