
    Nelson RIOS, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES OF FLORIDA, Appellee.
    No. 85-2031.
    District Court of Appeal of Florida, Second District.
    March 26, 1986.
    Jerry Berry, of McDonnell & Berry, Naples, for appellant.
    Gerald W. Pierce, of Henderson, Franklin, Starnes & Holt, Fort Myers, for appel-lee.
   PER CURIAM.

The attorney for appellee has filed a confession of error based on the recent case of McCuiston v. Wanicka, 483 So.2d 489 (Fla. 2d DCA 1986). We agree. Based on McCuiston, the judgment appealed from is hereby reversed and the cause remanded for further proceedings.

GRIMES, A.C.J., and SCHEB and SCHOONOVER, JJ., concur.  