Blaeser Development Corp. v. First Federal Savings & Loan Ass'n of Martin County

MOORE, Judge.

Appellant sought compensatory and punitive damages from appellee in an action based upon fraud and deceit. At the conclusion of a jury trial the trial court granted a directed verdict in favor of appellee, finding that appellant had failed to present a prima facie case under a burden of proof requiring clear and convincing evidence to establish fraud and deceit. In doing so, the Court stated that appellant had met its burden if the test were a preponderance of the evidence.

The sole issue on appeal is whether fraud and deceit must be established by clear and convincing evidence or…