CONTINENTAL ASSUR. CO. v. DAVIS

No. 88-1264.

538 So.2d 542 (1989)

CONTINENTAL ASSURANCE COMPANY, Appellant, v. Benny DAVIS, Appellee.

District Court of Appeal of Florida, First District.

February 17, 1989.


Attorney(s) appearing for the Case

J. Nixon Daniel, III, of Beggs & Lane, Pensacola, for appellant.

Frank E. Bondurant, of Roberts and Bondurant, Marianna, and J. Keith Givens and Allen G. Woodard, of Cherry & Givens, Dothan, Alabama, for appellee.


WIGGINTON, Judge.

Continental Assurance Company brings this appeal from a final judgment entered in favor of plaintiff/appellee Benny Davis in an action claiming fraud. Although Continental raises four points challenging the final judgment, we conclude that our resolution of point one renders moot the remaining issues. Because we find the trial court erred in entering judgment in favor of Davis, we reverse.

At trial, Davis specifically acknowledged that there...

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