Halligan v. Arab Termite & Pest Control of Florida, Inc.

District Court of Appeal of Florida

Halligan v. Arab Termite & Pest Control of Florida, Inc.

568 So. 2d 997, 1990 Fla. App. LEXIS 8189, 1990 WL 160710

CourtDistrict Court of Appeal of Florida

DecidedOctober 25, 1990

DocketNo. 89-2082

StatusPublished

This text of 568 So. 2d 997 (Halligan v. Arab Termite & Pest Control of Florida, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Halligan v. Arab Termite & Pest Control of Florida, Inc., 568 So. 2d 997, 1990 Fla. App. LEXIS 8189, 1990 WL 160710 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

The summary final judgment rendered in favor of the defendant is reversed. There is at least a question of fact as to who were the parties to the original contract, whether appellant was an intended beneficiary of the contract, whether appellant’s deceased husband was acting as her agent in procuring the initial inspection, and whether it was appellant who contracted for the renewal inspection. See Warren v. Monahan Beaches Jewelry Center, Inc., 548 So.2d 870 (Fla. 1st DCA 1989). Cf. Schmidt v. Matilsky, 490 So.2d 237 (Fla. 1st DCA 1986); Sheehan v. Hubbard, 378 So.2d 1238 (Fla. 2d DCA 1979); Winston v. J.D. Gramm, 277 So.2d 59 (Fla. 3d DCA), cert. denied, 283 So.2d 565 (Fla.1973). See also Cleckner v. Republic Van & Storage Co., Inc., 556 F.2d 766 (5th Cir.1977).

REVERSED.

HARRIS, PETERSON and GRIFFIN, JJ., concur.

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PER CURIAM.

The summary final judgment rendered in favor of the defendant is reversed. There is at least a question of fact as to who were the parties to the original contract, whether appellant was an intended beneficiary of the contract, whether appellant’s deceased husband was acting as her agent in procuring the initial inspection, and whether it was appellant who contracted for the renewal inspection. See Warren v. Monahan Beaches Jewelry Center, Inc., 548 So.2d 870 (Fla. 1st DCA 1989). Cf. Schmidt v. Matilsky, 490 So.2d 237 (Fla. 1st DCA 1986); Sheehan v. Hubbard, 378 So.2d 1238 (Fla. 2d DCA 1979); Winston v. J.D. Gramm, 277 So.2d 59 (Fla. 3d DCA), cert. denied, 283 So.2d 565 (Fla.1973). See also Cleckner v. Republic Van & Storage Co., Inc., 556 F.2d 766 (5th Cir.1977).

REVERSED.

HARRIS, PETERSON and GRIFFIN, JJ., concur.

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568 So. 2d 997, 1990 Fla. App. LEXIS 8189, 1990 WL 160710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/halligan-v-arab-termite-pest-control-of-florida-inc-fladistctapp-1990.

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