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CENTURY SURETY INSURANCE COMPANY, Appellant, vs. FIT KIDS, CORP. D/B/A FIT FOR LIFE, INC., Appellee.

36 Fla. L. Weekly D1091b
61 So. 3d 1230

Insurance — Liability — Judgment for insured reversed where there was no competent evidence to support conclusion that coverage had been provided

CENTURY SURETY INSURANCE COMPANY, Appellant, vs. FIT KIDS, CORP. D/B/A FIT FOR LIFE, INC., Appellee. 3rd District. Case No. 3D10-2530. L.T. Case No. 07-24111. Opinion filed May 18, 2011. An Appeal from the Circuit Court for Miami-Dade County, Valerie R. Manno-Schurr, Judge. Counsel: Litchfield Cavo and John Catizone (Fort Lauderale), for appellant. Jay M. Levy; Carlos Cruanes, for appellee.

(Before SHEPHERD and EMAS, JJ., and SCHWARTZ, Senior Judge.)

(PER CURIAM.) There is no competent evidence on either ground adopted by the trial court to support its conclusion that the appellant insurer provided coverage to the appellee insured for the liability in question. Accordingly, the judgment below is reversed and the cause remanded with instructions to enter judgment for appellant.

Reversed and remanded. (SHEPHERD, J., and SCHWARTZ, Senior Judge, concur. EMAS, J., concurs in result only.)

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