¶1This case is controlled by Maltempo v. Cuthbert, Fla.App.2d, 1974, 288 So.2d 517, and DeLuca v. Mathews, Fla.App.4th, 1974, 297 So.2d 854, which were decided while the appeal was pending. Since the judgment of dismissal was specifically predicated upon Fla.Stat. § 95.11(6), the other points raised by the motions to dismiss remain open for consideration.
¶2Reversed and remanded.