Parks v. Travelers Insurance Co.

Florida District Courts of Appeal
Parks v. Travelers Insurance Co., 160 So. 2d 724 (1964)
Barkdull, Horton, Pearson

Parks v. Travelers Insurance Co.

Dissenting Opinion

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.

Opinion of the Court

PER CURIAM.

Affirmed. See Beatty v. Strickland, 136 Fla. 330, 186 So. 542; and Benner v. Pedersen, Fla.App.1962, 143 So.2d 722.

Reference

Full Case Name
Mamie Lee PARKS a/k/a Mamie L. Williams 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
Cited By
1 case
Status
Published