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MUTUAL OF OMAHA INS. CO. v. EAKINS

No. 75-952.

337 So.2d 418 (1976)

MUTUAL OF OMAHA INSURANCE COMPANY, Appellant, v. Fred J. EAKINS, Appellee.

District Court of Appeal of Florida, Second District.

September 24, 1976.

Attorney(s) appearing for the Case

Stephen F. Myers, of Shackleford, Farrior, Stallings & Evans, Tampa, for appellant.

James S. Moody, Jr., of Trinkle, Redman, Clawson, Alley & Swanson, Plant City, for appellee.

STOKES, ROBERT G., Associate Judge.

Appellant contends the court erred in entering a summary judgment to which we concur.

The facts reflect that in August, 1973, an agent of Mutual, Don Capelletti, met with the appellee, Fred J. Eakins to discuss an application for insurance. The meeting took place at the home of Mr. Eakins. Since Mr. Eakins has about a third grade education and has difficulty reading, Don Capelletti...

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