Florida District Courts of Appeal, 1964

Parks v. Travelers Insurance Co.

Parks v. Travelers Insurance Co.
Florida District Courts of Appeal · Decided February 11, 1964 · Barkdull, Horton, Pearson
160 So. 2d 724 (Southern Reporter, Second Series)

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.

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