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ORKIN EXTERMINATING COMPANY OF SOUTH FLORIDA, INC. v. CLARK

No. 70-739.

253 So.2d 884 (1971)

ORKIN EXTERMINATING COMPANY OF SOUTH FLORIDA, INC., a Florida Corporation, Appellant, v. Louis J. CLARK and Patricia Clark, Appellees.

District Court of Appeal of Florida, Third District.

April 27, 1971.

Attorney(s) appearing for the Case

Walton, Lantaff, Schroeder, Carson & Wahl, and James Knight, Miami, for appellant.

Daniel A. Kavanaugh, Miami, for appellees.

Before PEARSON, C.J., and CHARLES CARROLL and HENDRY, JJ.

HENDRY, Judge.

Defendant-appellant Orkin Exterminating Company of South Florida, ("Orkin") appeals from a final judgment awarding $7,683.20 (plus interest and costs) for termite damage entered pursuant to a jury verdict.

At issue is the sufficiency of the evidence to support the jury verdict and final judgment in light of a contractual limitation of liability in the amount of $5,000.00.1 We affirm the judgment as to liability,...

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