ROLLINS, INC. v. BUTLAND

No. 2D05-368.

951 So.2d 860 (2006)

ROLLINS, INC., and Orkin Exterminating Company, Inc., Appellants, v. Mark BUTLAND and Christine Butland, Kris Cornett, and Maria Garcia, on behalf of themselves and others similarly situated, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied January 2, 2007.


Attorney(s) appearing for the Case

Theodore R. Scarborough, Michael W. Davis, Constantine L. Trela, Jr., and Robert N. Hochman of Sidley Austin Brown & Wood LLP, Chicago, Illinois; and Douglas B. Brown of Rumberger, Kirk & Caldwell, P.A., Orlando, for Appellants.

David M. Caldevilla of de la Parte & Gilbert, P.A., Tampa, and J. Daniel Clark of Clark & Martino, P.A., Tampa, for Appellees.

Mark H. Ruff of Alvarez, Sambol, Winthrop & Madson, P.A., Orlando, for Amicus Curiae Florida Pest Management Association, Inc.


WALLACE, Judge.

Mark Butland, Christine Butland, Kris Cornett, and Maria Garcia (the Appellees) filed a class action complaint in the circuit court against Rollins, Inc., and Orkin Exterminating Company, Inc. (the Appellants), for multiple claims arising from Orkin's contractual undertakings related to the control of subterranean termites. The Appellees moved for class certification. The circuit court certified a class and one subclass under Florida Rule of Civil...

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