MAMIE LEE PARKS A/K/A MAMIE L. WILLIAMS, APPELLANT,
v.
THE TRAVELERS INSURANCE COMPANY, A CONNECTICUT CORPORATION, CLARENCE E. WILLIAMS, FLORENTINA WILLIAMS AND RICHARD C. CARTER, JR., ADMINISTRATOR OF THE ESTATE OF WILLIAM L. WILLIAMS, DECEASED, APPELLEES
Affirmed. See Beatty v. Strickland, 136 Fla. 330, 186 So. 542; and Benner v. Pedersen, Fla.App.1962, 143 So.2d 722.
(dissenting).
I must respectfully dissent from the decision on this appeal. In this case, the trial judge has raised the presumption referred to in the above-cited cases to the status of an irrebuttable presumption of fact. I would recognize the presumption but hold that it was rebutted upon authority of In Re Joiner’s Estate, Fla.1963, 156 So.2d 161, 162.
TILLMAN PEARSON, Judge
(dissenting).
I must respectfully dissent from the decision on this appeal. In this case, the trial judge has raised the presumption referred to in the above-cited cases to the status of an irrebuttable presumption of fact. I would recognize the presumption but hold that it was rebutted upon authority of In Re Joiner’s Estate, Fla.1963, 156 So. 2d 161, 162.
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Authorities Cited
- Beatty v. Strickland, 136 Fla. 330 (Fla. 1939)
- In re Est. of Burrell L. Joiner v. Oliver, 156 So. 2d 161 (Fla. 1963)
- Benner v. Pedersen, 143 So. 2d 722 (Fla. 2d DCA 1962)