Because appellee has confessed error, we reverse the trial court’s Final Judgment of Dismissal with Prejudice as to appellee and remand the cause for further proceedings. See Phelan v. Hanft, 471 So.2d 648 (Fla. 3d DCA 1985), appeal dismissed, 488 So.2d 531 (Fla. 1986); Humber v. Ross, 452 So.2d 1086 (Fla. 4th DCA 1984).

Reversed and remanded.