concurring specially.
I have no quarrel with the result reached by the majority. I write separately to reiterate my dissent in Comisky (fn. 1), that appellate courts should not exercise jurisdiction over non-final appeals from orders of the trial courts denying motions to dismiss pursuant to Florida Rule of Civil Procedure 1.070(i). The majority of this court, sitting en banc, has held otherwise in Comisky. I am obliged to follow that directive.