FRANKLIN LIFE INS. CO. v. DAVY

No. 96-1762.

753 So.2d 581 (1999)

The FRANKLIN LIFE INSURANCE COMPANY, a corporation registered to do business in the State of Florida, Appellant/Cross-Appellee, v. Robert J. DAVY and Roland Rousselle, Cross-Appellants/Appellees, v. Robert Vega Murray, individually and as agent for the Franklin Life Insurance Company, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied February 14, 2000.


Attorney(s) appearing for the Case

Thomas R. Julin, Edward M. Mullins and Denise Wallace of Steel Hector & Davis, Miami; R. Dennis Comfort, P.A., Gainesville, for Appellant/Cross-Appellee Franklin Life Insurance Company.

Phil C. Beverly, Jr. and Eric C. White, Gainesville, for Cross-Appellants/Appellees Robert J. Davy and Roland Rousselle.

Joel B. Toomey of Peek, Cobb, Edwards & Ashton, P.A., Jacksonville, for Appellee Robert Vega Murray.


VAN NORTWICK, J.

The Franklin Life Insurance Company appeals, and Robert J. Davy and Roland Rousselle cross-appeal, an order granting Franklin Life's motion for a new trial and/or a remittitur. For the reasons that follow, we affirm in part, reverse in part and remand.

Factual Background and Procedural History

Appellant, Franklin Life, is a life insurance company based in Springfield, Illinois, which underwrites life insurance policies sold...

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