SHELDON W. HEPBURN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Galindez v. State, 910 So. 2d 284 (Fla. 3d DCA 2005)
  …ituation presents a manifest injustice precluding what might otherwise be required by the law of the case doctrine. See Swain v. State, 911 So. 2d 140, 2005 WL 1398472 (Fla. 3d DCA Case no. 3D05-1034, opinion filed, June 15, 2005); Hepburn v. State, 844 So. 2d 674 (Fla. 3d DCA 2003), review denied, 851 So. 2d 729 (Fla.2003).…
• Marcinkewicz v. Quattrocchi, 199 So. 3d 513 (Fla. 3d DCA 2016)
  …en, 130 So. 2d 626, 628 (Fla. 2d DCA 1961). Not only did the son have the burden of proof, but the strong presumption in favor of the validity of deeds can only be overcome “by clear, strong and convincing evidence.” Espriella v. Del- [*516] valle, 844 So. 2d 674, 676 (Fla. 3d DCA 2003) (citing Howell v. Fiore, 210 So. 2d 253, 256 (Fla. 2d DCA 1968)). In this regard, the mother’s mental capacity as grantor is presumed and must be overcome “by a preponderance of the evidence.” Saks v. Smith, 145 So. 2d 895, 8…
• Lucila Murphy v. Lenis Osorio (Fla. 3d DCA 2021)
  …Affirmed. Murphy v. Osorio, 299 So. 3d 446, 448 (Fla. 3d DCA 2020), reh’g denied (Jan. 29, 2020) (“[I]t is undisputed that the trial court ruled that there was a lack of evidence to support the Defendants’ counterclaim.”); Espriella v. Delvalle, 844 So. 2d 674, 676 (Fla. 3d DCA 2003) (confirming that there is a strong presumption in favor of the validity of deeds, and that presumption will prevail unless the party challenging the deed overcomes it by clear, strong and convincing evidence) (citing Howel…

Authorities Cited

• Raley v. State, 675 So. 2d 170 (Fla. 5th DCA 1996)
• Brown v. State, 813 So. 2d 132 (Fla. 5th DCA 2002)
• Vaughan v. State, 765 So. 2d 56 (Fla. 4th DCA 2000)