THE PLT OF A DAKOTA OVERTAKES A HIGH WING CESSNA; IN R CLOSED TFC; DURING AN IFR DEP.

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THE SIT INVOLVES 2 FIXED WING ACFT BOTH DEPARTING FROM RWY 25 AT ORL ARPT; FL. (THE FIRST ACFT IS A SLOWER CESSNA HIGH WING AND THE SECOND A HIGH PERFORMANCE PIPER SINGLE 236.) THE PATTERN IN USE AT THE TIME WAS A R-HAND PATTERN WITH THE CESSNA SHOOTING TOUCH-AND-GOES AND THE PIPER IFR OUTBOUND. THE RWY IN USE WAS RWY 25 WITH THE PIPER GIVEN A DEP CLRNC HDG OF 290 DEGS BY CLRNC DELIVERY. TFC WAS HVY WITH SHORT INTERVALS BTWN TKOF AND LNDGS. THE CESSNA TOUCHED DOWN ON THE RWY AND THE PIPER WAS CLRED FOR IMMEDIATE TKOF AND ADVISED THAT ANOTHER ACFT WAS ON A 2 MI FINAL. THE INSTRUCTIONS FROM THE TWR TO THE PIPER WERE 'CLRED FOR IMMEDIATE DEP; ACFT ON 2 MI FINAL.' THE PIPER ACKNOWLEDGED 'ON THE ROLL.' ABOUT 3000 FT DOWN THE RWY AND 500 FT IN THE AIR; THE PIPER PLT REALIZED THAT HE WAS MUCH FASTER THAN THE CESSNA AND WAS RAPIDLY CLOSING ON THE CESSNA. AT THIS POINT THE PIPER PLT DECIDED TO TURN TO THE 290 DEG HDG AND TO INCREASE THE CLB SO AS TO PASS WELL TO THE R AND ABOVE THE CESSNA. (THE PIPER PLT HAD NO KNOWLEDGE THAT THE CESSNA WAS SHOOTING TOUCH-AND-GOES AND WOULD START A TURN TO THE R SHORTLY.) AFTER STARTING THE TURN TO THE R TO 290 DEGS; THE TWR ASKED THE PIPER PLT IF HE HAD THE CESSNA INSIGHT. THE PIPER PLT RESPONDED 'CESSNA IN SIGHT; I AM CLBING ABOVE AND TO THE R.' THE TWR THEN RESPONDED; 'THIS IS EXACTLY WHAT I DID NOT WANT YOU TO DO. THE CESSNA IS STAYING IN THE PATTERN.' HE THEN INSTRUCTED THE CESSNA TO TURN TO THE L. AT THIS POINT THE PIPER WAS ALREADY 500 FT ABOVE AND 2000 FT FROM THE CESSNA; HORIZLY. THE PIPER CONTINUED ON ITS ASSIGNED HDG AND CLRNC. THIS SIT WAS NOT A NEAR MISS BUT COULD HAVE HAD BAD CONSEQUENCES HAD THE PIPER NOT BEEN ABLE TO CLB WELL ABOVE THE CESSNA. HAD THE TWR INSTRUCTED THE PIPER TO 1) FLY RWY HDG AND KEEP THE CESSNA IN SIGHT; OR 2) GIVEN THE PIPER A HDG TO THE L; OR 3) PROVIDED MORE SPACING; THE SIT WOULD HAVE BEEN DIFFERENT. IN THIS CASE THE PIPER PLT STARTED THIS TURN TO THE ASSIGNED CLRNC PRIOR TO REACHING PATTERN ALT AND THE END OF THE RWY DUE TO THE CLOSENESS AND CESSNA ACFT DIRECT IN HIS FLT PATH. HAD THE PIPER BEEN INSTRUCTED BY THE TWR TO FLY RWY HDG AND KEEP THE SLOWER ACFT IN SIGHT; HE COULD HAVE SLOWED DOWN; OR HAD THE TWR PROVIDED MORE SPACING BTWN THE 2 ACFT ON TKOF THE SIT WOULD HAVE BEEN DIFFERENT.