Annotations, Discussions, Cases:
Cases Citing Statute 90.302
Total Results: 49
802 So. 2d 315, 2001 WL 1423221
Supreme Court of Florida | Filed: Nov 15, 2001 | Docket: 1332804
Cited 121 times | Published
...As we explained in Beal Bank, SSB v. Almand & Associates, 780 So.2d 45, 59 n. 20 (Fla.2001): Section 90.304 provides that "in civil actions, all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof." Pursuant to section 90.302(2), a presumption affecting the burden of proof "imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact." Thus, when evidence rebutting such a presumption is introduced, the presumption does not automatically disappear....
507 So. 2d 596, 69 A.L.R. 4th 895
Supreme Court of Florida | Filed: Apr 30, 1987 | Docket: 459970
Cited 93 times | Published
...ucing evidence as a matter of public policy. At this point, we should clarify the type of rebuttable presumption necessitated under this decision. The instant problem should be resolved either by applying a shift in the burden of producing evidence, section 90.302(1), Florida Statutes (1985), or a shift in the burden of proof. § 90.302(2), Fla....
...ring resolution of the issues as in a typical case. See Gulle v. Boggs, 174 So.2d 26 (Fla. 1965); C. Ehrhardt, Florida Evidence § 302.1 (2d ed. 1984). The jury is never told of the presumption. In contrast, once the burden of proof is shifted under section 90.302(2), the presumption remains in effect even after the party to whom it has been shifted introduces evidence tending to disprove the presumed fact, and "the jury must decide whether the evidence introduced is sufficient to meet the burde...
...Thus, in most cases such as the one at bar, where there is no other evidence of negligence, once credible evidence of nonnegligence is introduced, a directed verdict for the defendant would likely follow. See Ehrhardt at § 302.1. The second type of rebuttable presumption, as recognized in section 90.302(2), Florida Statutes, affects the burden of proof, shifting the burden to the party against whom the presumption operates to prove the nonexistence of the fact presumed....
...Rebuttable presumptions which shift the burden of proof are "expressions of social policy," rather than mere procedural devices employed "to facilitate the determination of the particular action." Id. See also, §§ 90.303 and 90.304, Fla. Stat. (1985). A section 90.302(2) presumption shifts the burden of proof, ensuring that the issue of negligence goes to the jury....
780 So. 2d 45, 26 Fla. L. Weekly Supp. 106, 2001 Fla. LEXIS 408, 2001 WL 197031
Supreme Court of Florida | Filed: Mar 1, 2001 | Docket: 1298410
Cited 73 times | Published
...Brady, 598 So.2d 225, 228 (Fla. 2d DCA 1992), to the extent it imposes a higher burden of proof. [20] Section 90.304 provides that "in civil actions, all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof." Pursuant to section 90.302(2), a presumption affecting the burden of proof "imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact." Thus, when evidence rebutting such a presumption is introduced, the presumption does not automatically disappear....
568 So. 2d 24, 1990 WL 141444
Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 1526662
Cited 29 times | Published
...We do not find that these schedules impermissibly interfere with the power of the judiciary to determine just compensation. Nor do we agree that these presumptions unconstitutionally relieve the state of its burden of proof on the value of the destroyed citrus stock. Section 90.302, Florida Statutes (1987), sets forth the two types of rebuttable presumptions recognized in Florida: Every rebuttable presumption is either: (1) A presumption affecting the burden of producing evidence and requiring the trier of fact t...
908 So. 2d 342, 30 Fla. L. Weekly Supp. 536, 2005 Fla. LEXIS 1457, 2005 WL 1575772
Supreme Court of Florida | Filed: Jul 7, 2005 | Docket: 1724772
Cited 26 times | Published
...e underlying tort applied. However, we clarified that the presumption only applied when "the absence of the records hinders [the plaintiff's] ability to establish a prima facie case." Id. This rebuttable presumption shifted the burden of proof under section 90.302(2), Florida Statutes (1985), so that the presumption "is not overcome until the trier of fact believes that the presumed [negligence] has been overcome by whatever degree of persuasion is required by the substantive law of the case." Id....
71 So. 3d 828, 2011 WL 2637444
Supreme Court of Florida | Filed: Jul 7, 2011 | Docket: 2354289
Cited 16 times | Published
...That is, the ALJ properly determined that the presumption was "rebuttable" and therefore *846 once credible contrary evidence was produced, the presumption disappeared. This is, in fact, consistent with how the rebuttable presumption serves to operate. Pursuant to Florida Statute, section 90.302 states: Every rebuttable presumption is either: (1) A presumption affecting the burden of producing evidence and requiring the trier of fact to assume the existence of the presumed fact, unless credible evidence sufficient to sustain a...
...ct shall be determined from the evidence without regard to the presumption; or (2) A presumption affecting the burden of proof that imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact. § 90.302, Fla. Stat. (2001). All the parties agree that the statutory presumption at issue in this case is the type described in section 90.302(1), also known as the "bursting bubble" presumption....
752 So. 2d 592, 25 Fla. L. Weekly Supp. 133, 2000 Fla. LEXIS 90, 2000 WL 185495
Supreme Court of Florida | Filed: Feb 17, 2000 | Docket: 1280000
Cited 16 times | Published
...Thus, to defeat a directed verdict on negligence, [8] the rear driver is "required only to produce evidence from which his exercise of reasonable care under the circumstances could properly be inferred by the jury." Sistrunk, 468 So.2d at 1060-61; accord § 90.302(1), Fla....
498 So. 2d 1253, 11 Fla. L. Weekly 636
Supreme Court of Florida | Filed: Dec 11, 1986 | Docket: 1699748
Cited 15 times | Published
...36, 202 So.2d 653 (1967). [5] The Florida Rules of Evidence recognize two types of rebuttable presumptions, one type affecting the burden of producing evidence, and the other affecting burden of proof because it declares or implements some strong social policy. See § 90.302, Fla....
688 So. 2d 361, 1997 WL 14227
District Court of Appeal of Florida | Filed: Jan 17, 1997 | Docket: 1508323
Cited 10 times | Published
...5th DCA 1994), burdened Porsche with having to disprove the correctness of the Board's decision by a preponderance of the evidence, equating the "presumption of validity" referred to in those decisions with the burden-of-proof-shifting presumptions defined by section 90.302, Florida Statutes (1991)....
...rd's decision. Florida recognizes two types of non-conclusive evidentiary presumptions: presumptions affecting the burden of producing evidence, also called vanishing or "bursting bubble" presumptions, and presumptions affecting the burden of proof. § 90.302, Fla....
...(1995). The former vanish when competent evidence to the contrary is introduced, while the latter remain throughout a proceeding unless, at the conclusion, the trier of fact determines that they have been overcome by the greater weight of the evidence. § 90.302; see also Caldwell v....
565 So. 2d 762, 1990 WL 98751
District Court of Appeal of Florida | Filed: Jul 19, 1990 | Docket: 1403851
Cited 9 times | Published
...view espoused by Professors Thayer and Wigmore [22] and a conflicting and competing view urged by Professors Morgan and McCormick. [23] To serve different purposes the Florida Evidence Code adopted both types, classifying the Thayer-Wigmore type in section 90.302(1), Florida Statutes, as "a presumption affecting the burden of producing evidence" and the Morgan-McCormick type in section 90.302(2), Florida Statutes, as "a presumption affecting the burden of proof." The Thayer-Wigmore-§ 90.302(1) presumption, commonly called a vanishing or "bursting bubble" presumption, [24] is a procedural device (a procedural rule) established primarily to facilitate the determination of a particular action ( see § 90.303, Fla. Stat.) while the Morgan-McCormick-§ 90.302(2) presumption is a rule of substantive law used to implement public policy ( see § 90.304, Fla. Stat.) The presumption that a judgment of a court of record of general jurisdiction is "valid" is a Thayer-Wigmore-§ 90.302(1) "bursting bubble" procedural type presumption affecting the burden of producing evidence in a particular action....
...Step 3: The proponent may introduce evidence in rebuttal of the opponent's evidence. Step 4: The trier of fact, if convinced to the applicable standard of proof, finds, as a matter of fact, that the basic fact exists. Step 5: A legal rebuttable presumption arises that the presumed fact exists. Under the Thayer-Wigmore-§ 90.302(1) view, the presumption shifts a burden to the opponent to "produce evidence" as to the nonexistence of the presumed fact or suffer the presumed fact to be found as a matter of law....
...established the formerly presumed fact to the applicable standard (greater weight, clear and convincing, or beyond a reasonable doubt), finds that the previously presumed fact exists; otherwise, it finds for the opponent. Under the Morgan-McCormick-§ 90.302(2) view, the presumption is deemed evidence of probative weight and operates to shift the entire burden of proof and persuasion to the opponent to establish the nonexistence of the presumed fact....
...le degree of proof, finds that the presumed fact does not exist, otherwise it finds in favor of the presumption and for the proponent. As this analysis shows the essential differences between the two types of presumptions are: (1) The Thayer-Wigmore-§ 90.302(1) presumption is not accorded the weight of evidence....
...d the parties stand where they were before the presumption arose. The determination of the sufficiency of the evidence at Step T6 above, is made by the judge as a matter of law and not by the fact-finder as a matter of fact. (2) The Morgan-McCormick-§ 90.302(2) presumption is never dispelled but is always accorded evidentiary probative weight at least sufficient to constitute a *775 prima facie case [27] and to shift the entire full burden of proof [28] and persuasion [29] to the opponent to di...
...ue the trier of fact may disbelieve and discredit the evidence adduced by the opponent and can accord the presumption sufficient evidentiary weight to outweigh positive evidence adduced against it. The most controversial aspect of the Thayer-Wigmore § 90.302(1) "bursting bubble" presumption, and the feature most difficult to conceptualize and express, relates to the quantum of evidence that the opponent of the presumption must proffer, in Step T6 above, in order to dispel the presumption, and f...
...uce (proffer) evidence at Step T6 to rebut or overcome a prima facie evidentiary case established by direct evidence or by a natural, logical inductive inference resulting from implicative probative (circumstantial) evidence. [30] The Thayer-Wigmore-§ 90.302(1) presumption exists merely as a procedural device to dispense with unnecessary proof of a fact likely to be true in the absence of any contrary evidence....
...As it is legal error for the trial judge to attempt to weigh and discredit admissible evidence offered in opposition to a motion for summary judgment, it is likewise error for the trial judge to weigh and discredit admissible evidence offered to dispel a Thayer-Wigmore-§ 90.302(1) presumption....
...must recognize its legal sufficiency and deny the motion for summary judgment and set the factual issue for trial; [34] likewise, the trial judge must recognize the legal sufficiency of such evidence when offered by the opponent of a Thayer-Wigmore-§ 90.302(1) presumption, rule that the presumption is dispelled and submit the factual issue as to the presumed fact to the appropriate fact-finder (judge or jury) for trial, as in steps T8 through T11 above, with the full original applicable burden...
...lack of credibility of a witness. This is not and cannot be the correct interpretation of this statute because, as Morgan and other informed opponents of the Thayer doctrine recognized, such an interpretation would serve to convert a Thayer-Wigmore-§ 90.302(1) presumption affecting the burden of producing evidence to a Morgan-McCormick-§ 90.302(2) presumption affecting the burden of proof and persuasion....
...and is what is approved by the opinion in Caudle and by the majority opinion in this case. Furthermore, such an erroneous construction of the statute would be based on a confusion of the word "credible" with the word "credited." The word credible in section 90.302(1) means the same as the word substantial in the phrase "substantial competent evidence." In this context the words "credible" and "substantial" [39] both relate not to some quantum measure of evidence nor to a fact-finder's subjective...
...counsel in the case of a non-incarcerative misdemeanor conviction (Part 5 above). If a presumption had properly applied it would only have been the burden of producing credible evidence sufficient to maintain a finding contrary to the presumed fact (§ 90.302(1)). When the defendant undertook to meet the burden erroneously placed on him, the trial court applied the wrong presumption erroneously placing on the defendant the burden of proof and persuasion (§ 90.302(2)) and erroneously discredited and rejected the defendant's sworn, direct, positive, uncontradicted, unrebutted, unimpeached testimony that he did not have or waive counsel in his prior misdemeanor DUI case, although that testimony was, as a matter of law, credible evidence sufficient to sustain a finding that the defendant did not have, or waive, counsel in the 1978 misdemeanor DUI case and thus sufficient, as a matter of law, to rebut the more correct section 90.302(1) presumption (Part 6 above)....
576 So. 2d 814, 1991 WL 32091
District Court of Appeal of Florida | Filed: Mar 13, 1991 | Docket: 1242433
Cited 7 times | Published
...trols. In our view, this is completely consistent with a fixed and definite employment relationship as discussed in this opinion. [4] The evidence code provides for two types of presumptions. The first is a "Thayer" or "bursting bubble presumption". § 90.302(1); 90.302 Fla....
...This second type of presumption requires the adverse party to prove the nonexistence of the presumed fact. Based on Shelby and Crawford, discussed previously, the presumption of continuing general employment has been treated as a burden shifting presumption. § 90.302(2) Fla....
878 So. 2d 440, 2004 WL 1584910
District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 760106
Cited 7 times | Published
...devises, are presumptions affecting the burden of proof or the burden of persuasion. § 90.304, Fla. Stat. (2002); see Charles E. Ehrhardt, Florida Evidence, § 304.1 (2004 ed.) However, "when proof is introduced of the basic facts giving rise to a section 90.302(2) presumption affecting the burden of proof, the presumption operates to shift the burden of persuasion regarding the presumed fact to the opposing party." [3] Id....
...Those portions of Carpenter and Cripe that explain the circumstances giving rise to the presumption of undue influence are not superseded by statute." [4] Id. at 24 (footnotes omitted). In Beal Bank, SSB v. Almand and Associates, 780 So.2d 45, 59 n. 20 (Fla.2001), the supreme court explained: Pursuant to section 90.302(2), a presumption effecting the burden of proof *444 "imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact." Thus, when evidence rebutting such a presumption is introduced, the presumption does not automatically disappear....
...(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. 90.302....
578 So. 2d 883, 1991 WL 70852
District Court of Appeal of Florida | Filed: May 3, 1991 | Docket: 441015
Cited 6 times | Published
...We regard the nonfinal order instead as creating only a rebuttable presumption that the growers were entitled to the monies claimed a presumption that could be disproved by Southeast's presentation of credible evidence to the contrary. Cf. Caldwell v. Division of Retirement, 372 So.2d 438 (Fla. 1979); see also § 90.302, Fla....
436 So. 2d 239, 1983 Fla. App. LEXIS 22657
District Court of Appeal of Florida | Filed: Jul 5, 1983 | Docket: 1340262
Cited 6 times | Published
...Such a presumption requires the trier of fact to assume the existence of the presumed fact unless credible evidence sufficient to sustain a finding of the non-existence of the presumed fact is introduced, in which event the bubble bursts and the existence of the fact is determined without regard to the presumption. See § 90.302(1), Fla....
472 So. 2d 807, 10 Fla. L. Weekly 1649
District Court of Appeal of Florida | Filed: Jul 3, 1985 | Docket: 1793343
Cited 6 times | Published
...Accordingly, Eckert's failure to recall receipt of the entire form is insufficient to rebut the presumption that it was received. Since no credible evidence sufficient to sustain a finding of the nonexistence of the presumed fact was introduced, the trier of fact was required to assume the existence thereof. § 90.302, Fla....
421 So. 2d 597
District Court of Appeal of Florida | Filed: Oct 13, 1982 | Docket: 1157495
Cited 5 times | Published
...The law imposes on the bailee the burden of showing that he exercised the degree of care required by the nature of the bailment. [5] The Florida Evidence Code does not apply to this case. [6] The similarity between the new Florida Evidence Code sections and the conclusion in Caldwell is readily apparent. Section 90.302, Florida Statutes (1979), provides: Every rebuttable presumption is either: (1) A presumption affecting the burden of producing evidence and requiring the trier of fact to assume the existence of the presumed fact, unless credible evid...
875 So. 2d 700, 2004 WL 1207675
District Court of Appeal of Florida | Filed: Jun 3, 2004 | Docket: 1683973
Cited 5 times | Published
...NOTES [1] Plaintiff Folds designated the employee in her complaint and other pleadings with the pseudonym, "John Doe." [2] John Doe is not a party in this appeal. [3] It appears that this type of presumption is one affecting the burden of proof. See § 90.302(2), Fla....
974 So. 2d 569, 2008 WL 398821
District Court of Appeal of Florida | Filed: Feb 15, 2008 | Docket: 1369586
Cited 5 times | Published
...Such a presumption "affecting the burden of proof"as distinct from a presumption affecting the burden of producing evidence "imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact." § 90.302(2), Fla....
721 So. 2d 380, 1998 WL 821758
District Court of Appeal of Florida | Filed: Nov 6, 1998 | Docket: 1694556
Cited 4 times | Published
...urge himself or herself from the contempt. At the contempt hearing, the obligor shall have the burden of proof to show that he or she lacks the ability to purge himself or herself from the contempt. This presumption is adopted as a presumption under s. 90.302(2) to implement the public policy of this state that children shall be maintained from the resources of their parents and as provided for in s....
...The same lawyer has appeared on his behalf in this petition for habeas corpus. [2] The court also found that the brother-in-law had recently filed bankruptcy in Canada where he was previously domiciled. She obviously did not believe that he could be bankrupt and at the same time make a genuine $200,000 investment. [3] § 90.302(1), Fla.Stat....
...dible evidence sufficient to sustain a finding of the nonexistence of the presumed fact is introduced, in which event, the existence or nonexistence of the presumed fact shall be determined from the evidence without regard to the presumption."). [4] § 90.302(2), Fla.Stat....
547 So. 2d 243, 1989 WL 78324
District Court of Appeal of Florida | Filed: Jul 18, 1989 | Docket: 1474659
Cited 4 times | Published
...oods, and the law imposes on him the burden of showing that he exercised the degree of care required by the nature of the bailment." Marine Office-Appleton & Cox Corp. v. Aqua Dynamics, Inc., 295 So.2d 370, 371 (Fla. 3d DCA 1974) (citation omitted). Section 90.302, Florida Statutes (1987), provides that: [E]very rebuttable presumption is either: (1) A presumption affecting the burden of producing evidence and requiring the trier of fact to assume the existence of the presumed fact, unless credib...
...ct shall be determined from the evidence without regard to the presumption; or (2) A presumption affecting the burden of proof that imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact. Section 90.302(1) refers to "bursting bubble" or "vanishing" presumptions, whose function is "to compel the trier of fact to find the presumed fact if no credible evidence is introduced to disprove the presumed fact." C....
...In other words, although evidence of the theft may have destroyed the presumption that Pappagallo was negligent, "the existence or nonexistence of the presumed fact [the restaurant's negligence] shall be determined from the evidence without regard to the presumption." Section 90.302(1)....
558 So. 2d 62, 1990 WL 7533
District Court of Appeal of Florida | Filed: Jan 31, 1990 | Docket: 1404809
Cited 4 times | Published
...[3] The extent of the party's burden to overcome the presumption depends on the type of presumption which is involved. A bursting bubble presumption, affecting the burden of producing evidence, is overcome with less proof than a presumption affecting the burden of proof. § 90.302, Fla....
521 So. 2d 138, 1988 WL 2636
District Court of Appeal of Florida | Filed: Mar 10, 1988 | Docket: 1703601
Cited 3 times | Published
...932.701(2)(a)-(d) constitutes a felony, the vessel, motor vehicle, aircraft, or personal property in or on which such contraband article is located at the time of seizure shall be contraband subject to forfeiture. It shall be presumed in the manner provided in s. 90.302(2) that the vessel, motor vehicle, aircraft, or personal property in or on which such contraband article is located at the time of seizure is being used or was intended to be used in a manner to facilitate the transportation, carriage, conveyance, concealment, receipt, possession, purchase, sale, barter, exchange, or giving away of a contraband article defined in s. 932.701(2)(a)-(d). Section 90.302(2) identifies this presumption as a rebuttable presumption "affecting the burden of proof that imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact." On this appeal Crensh...
566 So. 2d 9, 1990 WL 107819
District Court of Appeal of Florida | Filed: Jul 31, 1990 | Docket: 2512310
Cited 3 times | Published
...NOTES [1] Williams filed separate motions for each child. [2] No testimony was taken at the hearing, and no court reporter was present. [3] The presumption created by section 742.12 affects the burden of proof. It is not a "bursting bubble" or "vanishing" presumption as defined in sections 90.302(1) and 90.303. See Aetna Casualty & Sur. Co. v. Pappagallo Restaurant, Inc., 547 So.2d 243 (Fla. 3d DCA 1989) (pursuant to section 90.302(1), under "bursting bubble" presumption, once credible evidence introduced to disprove presumed fact, presumption no longer effective and case decided without it)....
554 So. 2d 600, 1989 WL 153644
District Court of Appeal of Florida | Filed: Dec 20, 1989 | Docket: 1693369
Cited 3 times | Published
...ng as to the nonexistence of the presumed fact that the joint account was created with the intention of vesting the remaining balance in the surviving account holder. The trier of fact was therefore required to assume the existence of such fact. See Section 90.302(1), Florida Statutes (1987)....
710 So. 2d 1030, 1998 Fla. App. LEXIS 5874, 1998 WL 264482
District Court of Appeal of Florida | Filed: May 27, 1998 | Docket: 1731530
Cited 2 times | Published
...Dr. Reiff, presents sufficient proof showing that the agency's statement complied with the general definition of a rule, as found by the ALJ, the burden of producing evidence establishing that the exception applies is then placed on the agency. See § 90.302(1), Fla....
36 So. 3d 136, 2010 Fla. App. LEXIS 6572, 2010 WL 1874367
District Court of Appeal of Florida | Filed: May 12, 2010 | Docket: 1639037
Cited 2 times | Published
...Throughout the trial court proceedings, Mr. Warfel argued that the section 627.7073(1)(c) presumption was a "vanishing" or "bursting bubble" presumption, a presumption affecting the burden of producing evidence but not one shifting the burden of proof to him. See §§ 90.302(1), [5] 90.303....
...Other legislatively mandated public policy-related presumptions abound. See, e.g., Mallardi v. Jenne, 721 So.2d 380, 383 (Fla. 4th DCA 1998) (discussing amendment to section 61.14, Florida Statutes (1992), which adopted a presumption relating to contempt for failure to pay alimony or child support under section 90.302(2) of the evidence code "to implement the public policy of this state"); Ferguson v....
...In contrast, the legislature has not declared that the presumption in section 627.7073(1)(c) is a public policy-related presumption. Nor did the legislature specifically provide that section 627.7073(1)(c) was to operate as a burden-shifting presumption under sections 90.302(2) or 90.304....
...[3] The legislature made minor changes to section 627.7073(1)(c) in 2006, none of which are relevant here. [4] 90.304 Presumption affecting the burden of proof defined.In civil actions, all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof. [5] 90.302 Classification of rebuttable presumptions....
255 So. 3d 882
District Court of Appeal of Florida | Filed: Feb 9, 2018 | Docket: 64689555
Cited 2 times | Published
rights intact is in X.W.'s best interests.5 See § 90.302(1), Fla. Stat. (2016) (stating the burden of a
711 So. 2d 117, 1998 WL 204811
District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 1700605
Cited 2 times | Published
...[3] By its own provisions, the evidence code limits these statutes on presumptions to civil proceedings. § 90.301(4), Fla. Stat. (1997). We conclude, however, that a proceeding to establish indigency is civil in nature rather than criminal. [4] See § 90.302, Fla....
578 So. 2d 798, 1991 WL 60016
District Court of Appeal of Florida | Filed: Apr 22, 1991 | Docket: 440973
Cited 1 times | Published
...The E/C then had the burden of producing evidence sufficient to rebut that presumption, such as evidence establishing that the income from *801 the daughter's former employment exceeded the per hour value of attendant care available in the particular community. See § 90.302, Fla....
823 So. 2d 132, 2002 WL 561378
District Court of Appeal of Florida | Filed: Apr 17, 2002 | Docket: 1512732
Cited 1 times | Published
...credible evidence sufficient to sustain a finding of the nonexistence of the presumed fact is introduced, in which event, the existence or nonexistence of the presumed fact shall be determined from the evidence without regard to the presumption...." § 90.302(1), Fla. Stat. (2000). [5] The Code thus makes clear that the section 726.103(2) presumption does not displace the insolvency rule, as the majority seem to suggest. Because section 726.103(2) functions as a section 90.302(1) presumption affecting the burden of producing evidence, it disappears upon the presentation of contrary evidence and the question of insolvency must be decided without regard to the presumption....
...[4] When a debtor's assets exceed his debts, his failure to pay debts may reasonably be attributable to causes other than insolvency. Conversely when debts are greater than assets, the failure to pay debts is almost always an indication of insolvency. [5] See § 90.302(1), Fla....
District Court of Appeal of Florida | Filed: Sep 14, 2022 | Docket: 65346497
Published
presumption shifted the burden of proof under section 90.302(2) so that the presumption “is not overcome
Court of Appeals for the Eleventh Circuit | Filed: Oct 25, 2023 | Docket: 67399010
Published
Argued: May 16, 2023
“affecting the burden of proof.” Fla. Stat. § 90.302 (emphases added); accord Universal Ins. Co. of
799 So. 2d 286, 2001 Fla. App. LEXIS 13728
District Court of Appeal of Florida | Filed: Oct 2, 2001 | Docket: 64809979
Published
section 631.331(1) creates a presumption under section 90.302(2) “that imposes upon the party against whom
203 So. 3d 992
District Court of Appeal of Florida | Filed: Nov 9, 2016 | Docket: 4486976
Published
statutory presumption thus applies here. Under section 90.302(2), which governs presumptions affecting the
District Court of Appeal of Florida | Filed: Nov 6, 2015 | Docket: 3010556
Published
...the evidence without regard to the presumption; or
(2) A presumption affecting the burden of proof that imposes
upon the party against whom it operates the burden of proof
concerning the nonexistence of the presumed fact.
§ 90.302.
In a civil action or proceeding, unless otherwise provided by
statute, a presumption established primarily to facilitate the
- 20 -
determinatio...
...of broad similarity between a decedent's testamentary instruments. We further hold that
a probate court may consider any admissible, extrinsic evidence when measuring
similarity for purposes of the doctrine's application. Consistent with sections 90.302(2)
and 733.107(2), we hold that when the doctrine's presumption arises, the burden of
proof then shifts to the opponent of the presumption to show that the testator held an
independent, unaffected intention to revoke the otherwise affected...
414 So. 2d 1100, 1982 Fla. App. LEXIS 20082
District Court of Appeal of Florida | Filed: May 26, 1982 | Docket: 64590411
Published
shall be presumed in the manner provided in Section 90.302(2) [(rebuttable presumption) ] that the ..
247 So. 3d 533
District Court of Appeal of Florida | Filed: May 16, 2018 | Docket: 6716314
Published
evidence without regard to the presumption[.]” § 90.302(1), Fla. Stat. (2014).
428 So. 2d 774, 1983 Fla. App. LEXIS 19419
District Court of Appeal of Florida | Filed: Mar 30, 1983 | Docket: 64595892
Published
facts.3 ANSTEAD and BERANEK, JJ., concur. . Section 90.302 provides: Classification of rebuttable presumptions
275 So. 3d 781
District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 64719869
Published
required to assume the existence thereof") (citing § 90.302, Fla. Stat.).
275 So. 3d 781
District Court of Appeal of Florida | Filed: Jun 26, 2019 | Docket: 64719870
Published
required to assume the existence thereof") (citing § 90.302, Fla. Stat.).
District Court of Appeal of Florida | Filed: Jun 12, 2019 | Docket: 15762815
Published
the State’s burden in every criminal case. See § 90.302, Fla. Stat.; Grady v. State, 176 So. 431, 431
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
...the evidence without regard to the presumption; or
(2) A presumption affecting the burden of proof that imposes
upon the party against whom it operates the burden of proof
concerning the nonexistence of the presumed fact.
§ 90.302.
In a civil action or proceeding, unless otherwise provided by
statute, a presumption established primarily to facilitate the
determination of the particular action in which the...
...of broad similarity between a decedent's testamentary instruments. We further hold that
a probate court may consider any admissible extrinsic evidence when measuring
similarity for purposes of the doctrine's application. Consistent with sections 90.302(2)
and 733.107(2), we hold that when the doctrine's presumption arises the burden of
proof then shifts to the opponent of the presumption to show that the testator held an
independent, unaffected intention to revoke the otherwise affected w...
District Court of Appeal of Florida | Filed: Feb 9, 2018 | Docket: 6302663
Published
intact is in X.W.'s best interests.5 See § 90.302(1), Fla. Stat. (2016) (stating the burden of a
186 So. 3d 65
District Court of Appeal of Florida | Filed: Feb 28, 2016 | Docket: 3039863
Published
how it is applied to the facts in this case. Section 90.302, Florida Statutes, describes two types of presumptions
570 So. 2d 1376, 1990 WL 198313
District Court of Appeal of Florida | Filed: Dec 11, 1990 | Docket: 1704071
Published
...to disprove the presumed fact. It is a procedural device which shifts the burden of first producing evidence. Once the evidence of the non-existence of the presumed fact is offered, the presumption disappears and the jury is not told of it. See also § 90.302(1), Fla....
