Florida District Courts of Appeal, 2016

Cohen v. Oliver Exterminating Corp.

Cohen v. Oliver Exterminating Corp.
Florida District Courts of Appeal · Decided July 13, 2016

Cohen v. Oliver Exterminating Corp.

Opinion

Third District Court of Appeal State of Florida Opinion filed July 13, 2016.

Not final until disposition of timely filed motion for rehearing. ________________ No. 3D15-1530 Lower Tribunal No. 15-1934 ________________

Robert A. Cohen, et al., Appellants, vs. Oliver Exterminating Corp., etc., Appellee.

An appeal from the Circuit Court for Miami-Dade County, John Schlesinger, Judge.

Cohen  Ruiz P.A. and Mario M. Ruiz and R. Edson Briggs, Jr., for appellants.

The Law Offices of Mark H. Ruff, P.A. and Mark H. Ruff and Leslie Thomas (Maitland), for appellee.

Before SUAREZ, C.J., and ROTHENBERG and EMAS, JJ.

SUAREZ, C.J.

The Appellants, Robert and Deborah Cohen, seek to reverse the trial court’s dismissal of their Amended Complaint against Oliver Exterminating Co., d/b/a Guarantee Floridian, with prejudice. We reverse only as to Count 2 for simple negligence. The allegations are sufficient to survive a motion to dismiss. In all other respects we affirm the Order on appeal.

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