Fernez v. Calabrese (728 So. 2d 1222, 1999)

PER CURIAM.

DENIED. Department of Education v. Roe, 679 So.2d 756 (Fla. 1996); Sunrise Gift & Souvenir, Inc. v. Marcotte, 698 So.2d 345 (Fla. 5th DCA 1997).

DAUKSCH and PETERSON, JJ., concur.

GRIFFIN, C.J., concurs and concurs specially with opinion.

GRIFFIN, C.J.,

concurring specially.

Although the lower court’s decision to deny summary judgment is puzzling, I cannot find any basis for certiorari jurisdiction.