ORKIN EXTERMINATING CO., INC. v. MONTAGANO

No. 76-2537.

359 So.2d 512 (1978)

ORKIN EXTERMINATING COMPANY, INC., a Foreign Corporation, Appellant, v. Michael M. MONTAGANO, Appellee.

District Court of Appeal of Florida, Fourth District.

May 23, 1978.


Attorney(s) appearing for the Case

Jonathan J. Davis of Walton, Lantaff, Schroeder & Carson, Fort Lauderdale, for appellant.

H.C. Feige of Patterson, Maloney & Shankweiler, Fort Lauderdale, for appellee.


LETTS, Judge.

This case concerns an exculpatory clause in a termite agreement limiting liability to re-treatment only. The trial judge denied a motion to dismiss for failure to state a cause of action and allowed the case to go to the jury, also denying motions for a directed verdict. The jury award to the house owner was $9,554.00 for termite damage caused because of defective treatment. We affirm.

It is inescapable that Florida courts recognize and uphold...

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