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JERNIGAN v. PROGRESSIVE AMERICAN INS. CO.

Nos. 85-1648, 85-1697.

501 So.2d 748 (1987)

Richard JERNIGAN, Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellant, v. Richard Jernigan, Appellee.

District Court of Appeal of Florida, Fifth District.

February 5, 1987.

Attorney(s) appearing for the Case

Robert D. Keough, of Woolfolk, Estes & Keough, P.A., Orlando, for Jernigan.

David K. Wittek and William Patrick Fulford, of Wright & Fulford, P.A., Orlando, for Progressive American Ins. Co.

ORFINGER, Judge.

Progressive American Insurance Company (Progressive) appeals from a final judgment awarding Jernigan uninsured motorist benefits under his automobile policy. Progressive argues that the trial court erred when it declared an exclusion in the uninsured motorist coverage to be invalid. Jernigan appeals the order which had set aside the first final judgment entered in this case pursuant to Florida Rule of Civil Procedure 1.540(b) so that the same judgment...

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