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Mooneyham v. Progressive Gulf Insurance Co.9/6/2005
der Guastella.
. Based on our review, we find that Mooneyham failed to prove fraud, specifically a misrepresentation, by clear and convincing evidence. Therefore, the trial court's decision to grant a motion for directed verdict in favor of Progressive should be affirmed.
. THE JUDGMENT OF THE CIRCUIT COURT OF LEE COUNTY IS AFFIRMED. ALL COSTS OF THIS APPEAL ARE ASSESSED TO THE APPELLANT.
KING, C.J., BRIDGES AND LEE, P.JJ., IRVING, MYERS, CHANDLER AND ISHEE, JJ., CONCUR.
BARNES, J., NOT PARTICIPATING.
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