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CHURCH OF HOLY CROSS v. ORKIN EXTERMINATING

No. 3679.

356 S.C. 202 (2003)

588 S.E.2d 136

The VESTRY AND CHURCH WARDENS OF the CHURCH OF the HOLY CROSS, Respondent, v. ORKIN EXTERMINATING COMPANY, INC., Terminix Service Company, Inc., Terminix International, Inc. d/b/a Terminix of Delaware Corporation, Cuttino Builders, Inc. and Henry D. Boykin, A.I.A., architect, Defendants, of whom Orkin Exterminating Company, Inc. and Terminix Service Company, Inc. and Terminix International, Inc., d/b/a Terminix of Delaware Corporation are the Appellants.

Court of Appeals of South Carolina.

Decided September 22, 2003.

Rehearing Denied November 20, 2003.

Attorney(s) appearing for the Case

Clinch H. Belser, Jr., of Columbia, for Appellant Terminix Service Co.

J. Rutledge Young, III and Tom Wills, of Charleston, R. Wade Marionneaux and Voris E. Johnson, Jr., of Atlanta, GA, all for Appellant Orkin Exterminating, Co.

Thomas S. Tisdale, Stephen Brown, and Stephen P. Groves, of Charleston, for Respondent.

HEARN, C.J.:

Orkin Exterminating Company and Terminix Service Company both appeal from the trial court's order denying their motions to compel arbitration. We affirm with respect to Orkin and reverse with respect Terminix.

FACTS

This case arises from a lawsuit filed by the Church of the Holy Cross after it discovered termite damage within the church building.1 In 1975, the church contracted with Terminix for the installation...

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