concur in the denial, but note that it is normally inappropriate to render a partial summary judgment which merely decides one of many issues in the course of the proceeding and does not dismiss any party or incidental remand. Such a judgment encourages (and sometimes necessitates) piece meal appeals.
CALOGERO, J., would grant the writ. WATSON, J., would grant, set aside the partial summary judgment, and remand for trial of the entire matter on the merits.