DB SURGICAL, INC. and ZENITH INSURANCE COMPANY, v. GENE FOWLER, JR.

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DB SURGICAL, INC. and ZENITH INSURANCE COMPANY, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Petitioners, CASE NO. 1D08-5292 v. GENE FOWLER, JR., Respondent. _____________________________/ Opinion filed December 12, 2008. Petition for Writ of Certiorari Original Jurisdiction. Hon. Mark H., Hofstad, Judge. Warren K. Sponsler, Sponsler, Bennett, Jacobs & Adams, P.A., Tampa, for Petitioners. Laurie Thrower Miles, Smith, Feddeler, Smith & Miles, Lakeland, for Respondent. PER CURIAM. Because Petitioners have not shown a departure from the essential requirements of law, or any material harm, the petition for writ of certiorari is DENIED on its merits. See e.g., Fla. Fish & Wildlife Comm'n v. Pringle, 770 So. 2d 696, 697 (Fla. 1st DCA 2000). LEWIS and THOMAS, JJ., and LAWRENCE, JR., L. ARTHUR , SENIOR JUDGE, CONCUR.

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