
    Emil E. FLUTIE, Sr., Appellant, v. James M. PHILLIPS, Appellee.
    No. 79-216.
    District Court of Appeal of Florida, Third District.
    Sept. 25, 1979.
    Rehearing Denied Oct. 24, 1979.
    John M. MacDaniel, Miami, for appellant.
    Sheldon Yavitz and Paul H. Stevens, Miami, for appellee.
    Before HENDRY, HUBBART and NES-BITT, JJ.
   PER CURIAM.

Affirmed based on the first two rules of law stated in Helman v. Seaboard Coastline Railroad, 349 So.2d 1187, 1189 (Fla.1977), as well as the rules of law stated in Manufacturers National Bank of Hialeah v. Canmont International, Inc., 322 So.2d 565, 566 (Fla. 3d DCA 1975).  