Affirmed.

(concurring specially) .

I concur in affirmance under rule of Dent v. Margaret Ann Super Market, Fla., 52 So.2d 130, and Wiggs v. Loftin, Fla., 61 So.2d 490, provided, however, that af-firmance is not to be construed as any adjudication on the merits of the cause at a subsequent trial.