James Brandon Cherry v. Pinson Termite and Pest Control, LLC, and Jerry Thomas Pinson

Summary

The court reversed the summary judgment entered for the pest-control defendants because the trial court granted relief on an unasserted settlement theory without adequate notice or opportunity to respond. The court also held that the April 11, 2012, agreement could not support summary judgment because Pinson never made the required payment and the agreement was void by its own terms. Genuine factual disputes remained concerning the accuracy of the wood-infestation report, renewal and transfer of the termite bond, and damages arising from alleged violations of pest-control regulations.