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ERWIN v. PUBLIC STORAGE, INC.

No. 98-1184.

748 So.2d 1061 (1999)

Christopher ERWIN, Amy Erwin, his wife, and Nick W. Stieglitz, Jr., Appellants, v. PUBLIC STORAGE, INC., etc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 26, 2000.

Attorney(s) appearing for the Case

Nicolas A. Manzini, Miami, for appellants.

Kluger, Peretz, Kaplan & Berlin and Scott A. Mager and Seth A. Honowitz and Jon Chassen (Ft.Lauderdale), for appellees.

Before GERSTEN, GODERICH, and FLETCHER, JJ.

PER CURIAM.

Christopher Erwin, Amy Erwin, and Nick W. Stieglitz, Jr. appeal from a judgment on the pleadings entered in their action against Public Storage, Inc. for negligence and civil theft arising from the loss of their stored goods. We find merit in appellants' contention that judgment on the pleadings was inappropriate as the pleadings sufficiently allege an oral agreement entered into after the written agreement was terminated.

Reversed and remanded...

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