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RUDY'S GLASS CONST. CO. v. E.F. JOHNSON CO.

No. 80-1119.

404 So.2d 1087 (1981)

RUDY'S GLASS CONSTRUCTION COMPANY and Rodolfo Villanueva, Appellants, v. E.F. JOHNSON COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 4, 1981.

Attorney(s) appearing for the Case

Morales, Rudolph & Hevia and Nestor Morales, Miami, for appellants.

Heitner & Rosenfeld and Allan Stein and Mindy Rodney, North Miami Beach, for appellee.

Before BARKDULL, SCHWARTZ and NESBITT, JJ.

NESBITT, Judge.

The issue presented by this appeal is whether a disclaimer of warranty was conspicuous as defined by Section 671.201(10), Florida Statutes (1979) and therefore effective under Section 672.316, Florida Statutes (1979) to exclude or modify an implied warranty of fitness. We find that the disclaimer is conspicuous.

The pertinent provisions of Section 672.316, supra, provide:

672.316 Exclusion or modification of warranties. —...

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