
    Frank DEMOLFETTA, Appellant, v. AMERICAN SIGHTSEEING TOURS, INC., a Florida corporation, and Red Top Sedan Service, Inc., a Florida corporation, Appellees.
    No. 83-2748.
    District Court of Appeal of Florida, Third District.
    May 22, 1984.
    William A. Cain, North Miami, for appellant.
    Wicker, Smith, Blomqvist, Tutan, O’Hara, McCoy, Graham & Lane and Shelley H. Leinicke, Fort Lauderdale, for appel-lees.
    Before BARKDULL, BASKIN and FERGUSON, JJ.
    
    
      
       Participated in the decision but not in oral argument.
    
   PER CURIAM.

The trial court’s order of dismissal for failure to serve the 5 day notice provided by Section 770.01 Florida Statutes (1983) prior to bringing a defamation action against a private “non-media” entity is reversed under the reasoning found in this court’s recent opinion of Davies v. Bossert, 449 So.2d 418 (Fla. 3d DCA 1984).

Therefore the order under review is reversed and the matter is returned to the trial court for further proceedings.  