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WEDELL v. BILL KELLEY CHEVROLET

No. 70-908.

251 So.2d 145 (1971)

Leslie W. WEDELL, Appellant, v. BILL KELLEY CHEVROLET, Appellee.

District Court of Appeal of Florida, Fourth District.

August 9, 1971.

Attorney(s) appearing for the Case

James F. Schweikert of Reasbeck & Fegers, Hollywood, for appellant.

William Sherwood Spencer, of Ellis, Spencer & Butler, Hollywood, for appellee.

PER CURIAM.

We have considered this appeal from a final judgment based upon a directed verdict at the close of the plaintiff's case. Upon the seeming theory that the action was one of fraud and a greater degree of proof was required than a simple preponderance of the evidence, the trial court stated,

"I believe counsel in alleging a cause of action in fraud and misrepresentation and in the proofs the law requires clear and convincing evidence as distinguished...

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