MORRISON'S AND GAB BUSINESS SERVICES, APPELLANTS,

v.

MARY JEAN PHILLIPS MORGAN, APPELLEE

Citator

Cited By (14 total)

• Terrie G. Viets v. Am. Recruiters Enters., Inc., 922 So. 2d 1090 (Fla. 4th DCA 2006)
  …ttorney’s fee award. THE CROSS-APPEAL The trial court properly vacated the dismissal with prejudice of plaintiffs complaint after concluding that it had failed to grant her a separate hearing before entering that sanction. See Camerota v. Kaufman, 666 So. 2d 1042, 1045 (Fla. 4th DCA 1996) (before entering a default for [*1097] failure to appear at a status conference, notice of the intention to enter that sanction must be served on the offending party); see also Zeigler, 626 So. 2d at 1048 (motion to vacate…
• W.T. Holding, Inc. v. State, 682 So. 2d 1224 (Fla. 4th DCA 1996)
  …nt of the law. Certainly, it is true that proof of mailing of a document to the correct address creates a presumption that the item mailed was, in fact, received. See Brown v. Giffen Indus., Inc., 281 So. 2d 897, 900 (Fla.1973); Camerota v. Kaufman, 666 So. 2d 1042, 1045 (Fla. 4th DCA 1996). This presumption, however, is a rebuttable one. Scutieri v. Miller, 584 So. 2d 15, 16 (Fla. 3d DCA 1991). “[T]he denial of receipt does not automatically overcome the presumption but instead creates a question of fact whic…
• Burt v. Hudson & Keyse, LLC, 138 So. 3d 1193 (Fla. 5th DCA 2014)
  …ployment Appeals Comm’n, 473 So. 2d 774, 774 (Fla. 3d DCA 1985). Because Burt swore in her affidavit that she did not receive notice of the assignment, an issue of fact was created as to whether the notice was actually sent. See Camerota v. Kaufman, 666 So. 2d 1042, 1045 (Fla. 4th DCA 1996) (explaining affidavit denying receipt may not conclusively rebut the presumption of receipt, but it can create an issue of fact that must be resolved by the trier of fact). Finally, even if H&K had established that Burt wa…

Authorities Cited

• Denny's Rest. v. Bell, 659 So. 2d 1374 (Fla. 1st DCA 1995)