BOYLE v. ORKIN EXTERMINATING CO. INC.

No. 89-3161.

578 So.2d 786 (1991)

John J. BOYLE and Janet A. Boyle, Appellants, v. ORKIN EXTERMINATING CO., INC., Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Motion for Certification Denied May 31, 1991.


Attorney(s) appearing for the Case

G. Ware Cornell, Jr. of G. Ware Cornell, Jr., P.A., Fort Lauderdale, for appellants.

G. Bart Billbrough of Walton, Lantaff, Schroeder & Carson, Miami, for appellee.


WARNER, Judge.

This is an appeal from a final declaratory judgment determining that a lifetime termite damage guarantee paid for by appellants after termite treatment of their home by appellee was not a contract of insurance, thus determining that appellant was not entitled to attorneys fees under section 627.428, Florida Statutes (1989) in their ongoing litigation with appellee regarding breach of the guarantee agreement. We affirm.

In connection with treatment...

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