
    John D. DUDLEY, Petitioner, v. Margaret M. JONES, Etc., et al., Respondent.
    No. 5D05-3907.
    District Court of Appeal of Florida, Fifth District.
    April 28, 2006.
    Rehearing Denied July 11, 2006.
    
      Rebecca O’Dell Townsend, F. Lorraine Jahn and Stanford R. Solomon, of The Solomon Tropp Law Group, P.A., Tampa, for Petitioner.
    Bruce A. Hochstetler, Daytona Beach, for Respondent.
   PER CURIAM.

DENIED.

LAWSON and PALMER, JJ„ concur.

GRIFFIN, J., concurs specially, with opinion.

GRIFFIN, J.,

concurring specially.

Although I agree with petitioner that, contrary to the trial court’s order suggesting otherwise, the appeal could have been treated as a petition for writ of certiorari, this case is inappropriate for second tier certiorari. Moreover, the notion that the underlying order constituted a material departure from the requirements of law is meritless.  