We find the circumstances of this case appear to be controlled by the rule pronounced by this court in Mayo v. Dugger, 535 So.2d 300 (Fla. 1st DCA 1988), On Motion for Rehearing and Clarification. Accordingly, the order denying appellant’s petition for writ of mandamus is reversed, *302and the matter is remanded for further proceedings.
JOANOS, WIGGINTON and NIMMONS, JJ., concur.
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