The summary final judgment is hereby reversed on the authority of Roach v. Raubar, 362 So.2d 84 (Fla.3d DCA 1978) and Edwards v. Kings Point Housing Corp., 351 So.2d 1073 (Fla. 4th DCA 1977).

specially concurring.

I feel bound to concur with the majority because of our holding in Phillips v. Hartford Cas. Ins. Co., 373 So.2d 415 (Fla. 4th DCA 1979); however, if I were not so bound, I would affirm in accordance with Judge Letts’ dissenting opinion in Phillips with which I agree.