Opinion
No. 98-1184.
Opinion filed December 22, 1999.
An appeal from the Circuit Court of Dade County, Amy Steele Donner, Judge, L.T. No. 97-19666.
Nicolas A. Manzini, 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.
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 for further proceedings.