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VIRGINIA KEY MARINA, INC. v. BELLO

No. 91-1611.

593 So.2d 1223 (1992)

VIRGINIA KEY MARINA, INC., a Florida corporation, Appellant, v. Enrique BELLO, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 24, 1992.

Attorney(s) appearing for the Case

Bentata Hoet & Associates, Zamora Segall Lacasa Schere and Norman S. Segall and George Zamora, Miami, for appellant.

Martinez, Quintana, Arboleya & Delgado de Armas and Raul Delgado de Armas, Coral Gables, for appellee.

Before SCHWARTZ, C.J., JORGENSON and COPE, JJ.

PER CURIAM.

Virginia Key Marina appeals from a final judgment in a negligence action. For the following reasons, we reverse.

Enrique Bello sued Virginia Key Marina, alleging that his boat had suffered damages from negligent handling and vandalism while stored at the marina. The marina answered, raised the affirmative defenses of accord and satisfaction and a contractual exculpatory clause, and counterclaimed for unpaid storage fees. On February 26, 1991, Bello...

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