Appellant’s motion to vacate the order of the Circuit Court of the First Judicial Circuit, which order granted appellees’ motion to dismiss, is granted and the cause is remanded to the trial court for further proceedings not inconsistent with State v. Benitez, 395 So.2d 514 (Fla.1981), and State v. Yu, 400 So.2d 762 (Fla.1981).
It is so ordered.
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ENGLAND, ALDERMAN and McDONALD, JJ., concur.