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.

DISMISSED.