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FANA v. ORKIN EXTERMINATING CO., INC.

No. 98-1618.

734 So.2d 434 (1999)

Florencio FANA, Appellant, v. ORKIN EXTERMINATING CO., INC., etc., Appellee.

District Court of Appeal of Florida, Third District.

April 28, 1999.

Attorney(s) appearing for the Case

Richard F. Joyce, III, Miami, and Israel J. Encinosa, Miami, for appellant.

Rumberger, Kirk & Caldwell and Mark E. Grimes and David J. Pyper, Miami, for appellee.

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

PER CURIAM.

Florencio Fana appeals from an order of final summary judgment entered in an action for negligence. For the following reasons, we reverse.

Fana and Orkin entered into a contract for the fumigation of Fana's townhouse. His townhouse was the end unit in a building that contained other townhouses; all the other owners had entered into similar contracts. Paragraph 2 of the contract provided that "Orkin is not responsible for vandalism, theft...

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