(concurring specially).
I am in complete agreement with the above opinion however, I think it pertinent to note that our holding may also soundly rest upon the further basis that the previous suit was tried under the doctrine of contributory negligence, then a complete defense; whereas the case Sub judice would be tried under the doctrine of comparative negligence. (See Hoffman v. Jones, Sup.Ct.Fla. 1973, 280 So.2d 431)