This is a companion appeal to Lombardi v. Flaming Fountain, Inc., 327 So.2d 39, decided this day and consolidated herewith for argument. In view of our disposition in that case the appeal in this one must be disposed of in like manner.

Accordingly, the judgment assessing costs appealed from herein is reversed and the cause is remanded to abide the result of the new trial awarded in the companion case aforesaid.