Annotations, Discussions, Cases:
Cases Citing Statute 90.301
Total Results: 24
507 So. 2d 596, 69 A.L.R. 4th 895
Supreme Court of Florida | Filed: Apr 30, 1987 | Docket: 459970
Cited 93 times | Published
...le to the trial court under Florida Rule of Civil Procedure 1.380(b)(2). See, e.g., Mercer v. Raine, 443 So.2d 944 (Fla. 1983). Further, a jury could well infer from such a finding that the records would have contained indications of negligence. See § 90.301(3), Fla....
560 So. 2d 1154, 1990 WL 20560
Supreme Court of Florida | Filed: Mar 1, 1990 | Docket: 760105
Cited 37 times | Published
...of the case. Allen, 442 U.S. at 157, 163, 99 S.Ct. at 2224, 2227. [5] The Florida Evidence Code defines a presumption as "an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established." § 90.301(1), Fla....
920 So. 2d 777, 2006 WL 348724
District Court of Appeal of Florida | Filed: Feb 15, 2006 | Docket: 1440760
Cited 21 times | Published
...These remedies may be cumulative, as determined by the judge from the circumstances of each case, in the exercise of broad discretion. Gath v. M/A-COM, Inc., 440 Mass. 482, 802 N.E.2d 521, 527 (2003) (citations omitted). Nothing in Florida's Evidence Code prevents "the drawing of an inference that is appropriate." § 90.301(3), Fla....
835 F.2d 1389, 1988 U.S. App. LEXIS 604, 1988 WL 146
Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 1988 | Docket: 978198
Cited 15 times | Published
...100.291; Fla.Stat. 658.94; Fla. Stat. 689.19). Negating petitioner’s preemption argument, it is clear that the Florida Evidence Code sections relating to presumptions do not apply to criminal prosecutions as they affect only civil cases. Fla. Stat. 90.301(4)....
717 So. 2d 1094, 1998 WL 648522
District Court of Appeal of Florida | Filed: Sep 15, 1998 | Docket: 1681333
Cited 13 times | Published
...ed a term in one section of a statute but omits it in another section of the same statute, then the court will not imply the term where it has been excluded. See Leisure Resorts, Inc. v. Frank J. Rooney, Inc., 654 So.2d 911, 914 (Fla.1995). However, section 90.301(2) of the Florida Evidence Code provides the legislatively enacted rule that presumptions are rebuttable "unless conclusive under the law from which they arise." Thus, it seems to us that unless the legislature specifically designates a presumption as conclusive, it is rebuttable under this section....
603 So. 2d 516, 1992 WL 123429
District Court of Appeal of Florida | Filed: Jun 9, 1992 | Docket: 1739081
Cited 9 times | Published
...I am unable to agree with the majority's suggestion that section 542.33, Florida Statutes (1991), creates what amounts to an irrebuttable presumption. The legislature used the word "presumption" without adornment; under settled Florida law, an ordinary presumption is rebuttable. § 90.301(2), Fla....
565 So. 2d 762, 1990 WL 98751
District Court of Appeal of Florida | Filed: Jul 19, 1990 | Docket: 1403851
Cited 9 times | Published
...The defendant's testimony was sufficient, as a matter of law, to overcome the correct presumption and his testimony could not be rejected merely because the trial judge did not believe it because it was not offered to the judge as fact-finder to meet a burden of proof and persuasion. Section 90.301(1), Florida Statutes, defines a presumption as "an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established." *773 Decades of legal thought and debate as to the proper p...
...nce produced to the judge (as law-giver and not as fact-finder) by the opponent of the presumption at the Step T6 stage above. This standard has been embodied in the Model Code of Evidence and adopted in six legislated evidence codes, [38] including section 90.301(2), Florida Statutes....
878 So. 2d 440, 2004 WL 1584910
District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 760106
Cited 7 times | Published
...dential relationship actively procures a devise or gift in his or her favor. In Re Estate of Carpenter. "A presumption is an assumption of fact which the law makes from the existence of another fact or group of facts found or otherwise established." § 90.301, Fla....
...obate of the will is opposed or revocation is sought. (2) The presumption of undue influence implements public policy against abuse of fiduciary or confidential relationships and is therefore a presumption shifting the burden of proof under sections 90.301-90.304. (emphasis added). The 2002 amendment to section 733.107, adding subsection 2, was intended to incorporate sections 90.301-90.304 of the Florida Evidence Code, and require a shifting of the burden of proof after the presumption of undue influence arises in a will contest....
...n of undue influence in cases. See Steven G. Nilsson, Florida's New Statutory Presumption of Undue Influence, 77 Fla. B.J. 20, 21 (2003). Because section 733.107(2) specifically mandates that the presumption shifts the burden of proof under sections 90.301 through 90.304 when a presumption of undue influence arises, as it did here, Janes, the alleged wrongdoer, bore the burden of proving that there was no undue influence....
...In any event, the same law is applicable to both motions. Foster v. City of Gainesville, 579 So.2d 774 (Fla. 1st DCA 1991). [2] A summary of the evidence put forth by Appellants can be found in Hack I. On retrial, Janes offered conflicting evidence. [3] Sections 90.301 through 90.304 provide: 90.301....
...found or otherwise established. (2) Except for presumptions that are conclusive under the law from which they arise, a presumption is rebuttable. (3) Nothing in this chapter shall prevent the drawing of an inference that is appropriate. (4) Sections 90.301-90.304 are applicable only in civil actions or proceedings....
558 So. 2d 62, 1990 WL 7533
District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 1404809
Cited 4 times | Published
...HRS successfully convinced both the hearing officer and DOA that the ultimate fact within the presumption must be accepted if the predicate fact is proven and not rebutted. HRS is incorrect. A presumption is an assumption of fact which the law makes from the existence of another fact or group of facts. § 90.301(1), Fla....
436 So. 2d 383
District Court of Appeal of Florida | Filed: Aug 18, 1983 | Docket: 1701248
Cited 3 times | Published
...[4] Hopping & Raepple, A Solution to the Regulatory Maze: The Transmission Line Siting Act, 8 Fla.St.U.L.Rev. 441 (1980). [5] §§ 403.52-403.536, Fla. Stat. (1981). [6] §§ 403.508(3), 403.537(1), Fla. Stat. (1981). [7] § 403.537(1), Fla. Stat. (1981). [8] Cf. § 742.11, Fla. Stat. (1981). [9] § 90.301(2), Fla....
91 So. 3d 785, 2012 WL 1722576
Supreme Court of Florida | Filed: May 17, 2012 | Docket: 60309984
Cited 2 times | Published
burden-shifting or a vanishing presumption. See F.S. 90.301-90.304. Pending further development in the law
711 So. 2d 117, 1998 WL 204811
District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 1700605
Cited 2 times | Published
...We conclude that the financial interest is sufficient to allow Palm Beach County's participation. Moreover, we discern no prejudice to Martin from such participation. [3] By its own provisions, the evidence code limits these statutes on presumptions to civil proceedings. § 90.301(4), Fla....
734 So. 2d 1105, 1999 WL 270075
District Court of Appeal of Florida | Filed: May 5, 1999 | Docket: 1730959
Cited 1 times | Published
...testimony that he sold the loader to Joe was the only substantive evidence upon which the issue of ownership could be decided. However, the trial court failed to consider the permissible inference that could be drawn from all the evidence presented. Section 90.301(3), Florida Statutes (1997), provides that nothing in the Evidence Code will prevent the drawing of an inference that is appropriate....
160 So. 3d 869, 2015 WL 1400770
Supreme Court of Florida | Filed: Mar 26, 2015 | Docket: 2644854
Cited 1 times | Published
...- 14 -
1. F.S. 768.1256 provides for a rebuttable presumption in the event of
compliance or noncompliance with government rules. The statute does not state
whether the presumption is a burden-shifting or a vanishing presumption. See F.S.
90.301–90.304; University Insurance Co....
...Florida Statutes section F.S. 768.1256 provides for a rebuttable presumption
in the event of compliance or noncompliance with government rules. The statute
does not state whether the presumption is a burden-shifting or a vanishing
presumption. See F.S. 90.301–90.304; Universal Insurance Co....
602 So. 2d 1342, 1992 Fla. App. LEXIS 7957, 1992 WL 171335
District Court of Appeal of Florida | Filed: Jul 24, 1992 | Docket: 2236674
Cited 1 times | Published
...can overcome the presumption of "unreasonable rejection", and one factor for the trial court to consider is the amount of the offer. See Lennar Corp. v. Muskat, 595 So.2d 968 (Fla. 3d DCA 1992); Gross, 591 So.2d 311. See also Fla.R.Civ.P. 1.442(h); § 90.301, Fla....
District Court of Appeal of Florida | Filed: Nov 6, 2015 | Docket: 3010556
Published
...Before answering this query, we
pause to explain briefly what this presumption, and its rebuttal, would entail in a case
such as this.
The Florida Evidence Code codifies the application of legal presumptions
for civil actions in Florida. See Warfel, 82 So. 3d at 53. Specifically, section 90.301(1),
Florida Statutes (2006), defines a presumption as "an assumption of fact which the law
makes from the existence of another fact or group of facts found or otherwise
established." The Florida Statutes describe two potential class...
...(2014) ("In any transaction or event to
which the presumption of undue influence applies, the presumption implements public
policy against abuse of fiduciary or confidential relationships and is therefore a
presumption shifting the burden of proof under ss. 90.301-90.304."); see also Hack v.
Janes, 878 So. 2d 440, 443 (Fla. 5th DCA 2004) ("The 2002 amendment to section
733.107, adding subsection 2, was intended to incorporate sections 90.301-90.304 of
the Florida Evidence Code, and require a shifting of the burden of proof after the
presumption of undue influence arises in a will contest.")....
Supreme Court of Florida | Filed: Mar 17, 2022 | Docket: 63166170
Published
v. Warfel, 82 So. 3d 47, 53 (Fla. 2012). Section 90.301(3), Florida Statutes (2021), provides: “Nothing
184 So. 3d 1221, 2016 Fla. App. LEXIS 698, 2016 WL 231149
District Court of Appeal of Florida | Filed: Jan 20, 2016 | Docket: 3029526
Published
...Before answering this query, we
pause to explain briefly what this presumption, and its rebuttal, would entail in a case
such as this.
The Florida Evidence Code codifies the application of legal presumptions
for civil actions in Florida. See Warfel, 82 So. 3d at 53. Specifically, section 90.301(1),
Florida Statutes (2006), defines a presumption as "an assumption of fact which the law
makes from the existence of another fact or group of facts found or otherwise
established." The Florida Statutes describe two potential class...
...(2014) ("In any transaction or event to
which the presumption of undue influence applies, the presumption implements public
policy against abuse of fiduciary or confidential relationships and is therefore a
presumption shifting the burden of proof under ss. 90.301-90.304."); see also Hack v.
Janes, 878 So. 2d 440, 443 (Fla. 5th DCA 2004) ("The 2002 amendment to section
733.107, adding subsection 2, was intended to incorporate sections 90.301-90.304 of
the Florida Evidence Code, and require a shifting of the burden of proof after the
presumption of undue influence arises in a will contest.")....
Supreme Court of Florida | Filed: Feb 27, 2020 | Docket: 16897140
Published
burden-shifting or a vanishing presumption. See F.S. 90.301–90.304; Universal Insurance Co. of North America
