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ABBOTT v. PAYNE

No. 84-369.

457 So.2d 1156 (1984)

Judith ABBOTT, a/K/a Judith Hanscom, Appellant, v. Randy PAYNE, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

October 31, 1984.

Attorney(s) appearing for the Case

John R. Young of Hamilton, James, Merkle & Young, West Palm Beach, for appellant.

Theodore R. Hainline of Hainline Billing Cochran & Heath, P.A., Fort Lauderdale, for appellee, Apollo Termite & Pest Control Co.

BARKETT, Judge.

Plaintiff/appellant appeals the order dismissing her amended complaint with prejudice. We reverse.

The amended complaint alleged the following: (1) the plaintiff contracted with the defendant, Apollo Termite & Pest Control Company, to provide regular pest control service in her home; (2) co-defendant Randy Payne was the Apollo employee designated to provide the service in plaintiff's home; (3) plaintiff worked full time so it

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