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

Fla. 3d DCA | 1964-02-11
No. 63-129
Before BARKDULL, C. J., and HORTON and TILLMAN PEARSON, JJ.
160 So. 2d 724 Florida District Court of Appeal, Third District (1964) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

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.

Dissent
TILLMAN PEARSON, Judge

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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  • Bonded Garages, Inc. v. Boyd, 166 So. 2d 593 (Fla. 1964)
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  • Claudette P. Taylor v. Dellona M. Johnson, 581 So. 2d 1333 (Fla. 1st DCA 1990)
    …t a paramour exercises an “insidious influence” over the object of his or her affection. 186 So. at 544. It is important to emphasize that the presumption of undue influence is not irrebuttable. Compare Parks v. Travelers [*1337] Insurance Company, 160 So. 2d 724 (Fla. 3d DCA 1964) (dissenting opinion). Because the presumption is rebuttable, appellant’s argument that application of the presumption impairs contracts is without merit. Upon review of the facts, we conclude that the trial judge did not err in ru…

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