Annotations, Discussions, Cases:
Cases Citing Statute 90.303
Total Results: 20
568 So. 2d 24, 1990 WL 141444
Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 1526662
Cited 29 times | Published
...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 90.303, Florida Statutes (1987), defines the former type of rebuttable presumption: In a civil action or proceeding, unless otherwise provided by statute, a presumption established primarily to facilitate the determination of the particular a...
...Once evidence rebutting the presumption is introduced, the presumption disappears and the jury is not told of it. Section 90.304, Florida Statutes (1987), defines the second type of rebuttable presumption: In civil actions, all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof....
...1984) (e.g., presumptions of the validity of marriage, sanity in civil cases, legitimacy of a child born in wedlock, the correctness of judgments). The presumptions set forth in chapter 89-91 do not promote any overall social policy. We find that these presumptive value schedules fit the definition in section 90.303 of presumptions affecting the burden of production, which does not relieve the state of the burden of proof on value when the citrus owner introduces credible evidence of value....
692 So. 2d 907, 1996 WL 650681
District Court of Appeal of Florida | Filed: Nov 7, 1996 | Docket: 1524605
Cited 9 times | Published
...Atlantic First National Bank of Daytona Beach, 422 So.2d 820, 824 (Fla.1982). According to In re Estate of Carpenter, 253 So.2d 697, 704 (Fla.1971), if the will beneficiary furnishes a reasonable explanation, the burden is satisfied, and the presumption vanishes. See also § 90.303, Fla.Stat....
565 So. 2d 762, 1990 WL 98751
District Court of Appeal of Florida | Filed: Jul 19, 1990 | Docket: 1403851
Cited 9 times | Published
...The problem is that inferences are an aspect of evidence and, unlike presumptions, do not themselves serve a burden-shifting function. There is no provision in the Florida Evidence Code for the use of presumptions in criminal cases. [5] Each of the two statutory definitions of presumptions (§§ 90.303 and 90.304, Fla....
...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....
878 So. 2d 440, 2004 WL 1584910
District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 760106
Cited 7 times | Published
...is established, some other fact at issue ... must be deemed true, at least provisionally.'" State v. Rolle, 560 So.2d 1154, 1159 (Fla.1990) (Barkett, J., concurring specially). Section 90.304 provides that rebuttable presumptions not included within the definition of section 90.303, i.e., presumptions that implement public policy rather than being established primarily as procedural devises, are presumptions affecting the burden of proof or the burden of persuasion....
...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. 90.303....
...umption is applied, rather than to implement public policy, is a presumption affecting the burden of producing evidence. 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....
811 So. 2d 822, 2002 WL 440557
District Court of Appeal of Florida | Filed: Mar 22, 2002 | Docket: 1723331
Cited 6 times | Published
...In re Carpenter's Estate, 253 So.2d at 700. [4] See In re Estate of Davis, 462 So.2d 12 (Fla. 4th DCA 1984) (Glickstein, J., concurring specially); In re Swan's Estate, 4 Utah 2d 277, 293 P.2d 682 (1956); Charles W. Ehrhardt, Florida Evidence §§ 303.1 and 304.1 (2001 ed.), citing § 90.303, Florida Statutes (the Evidence Code)....
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
...hardt, Florida Evidence § 406.1 (1977). Unless otherwise provided by statute, a presumption established primarily to facilitate the determination of an action, as here, rather than to implement public policy is a rebuttable "presumption affecting the burden of producing evidence," see § 90.303, Fla....
421 So. 2d 597
District Court of Appeal of Florida | Filed: Oct 13, 1982 | Docket: 1157495
Cited 5 times | Published
...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 90.303, Florida Statutes (1979), provides: 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 presumption is applied, rather than to implement public policy, is a presumption affecting the burden of producing evidence. Section 90.304, Florida Statutes (1979), provides: In civil actions, all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof....
462 So. 2d 12
District Court of Appeal of Florida | Filed: Sep 19, 1984 | Docket: 1509894
Cited 2 times | Published
...ve retreated from the notion that a presumption always shifts the burden of proof. Id. at 566-67 (footnote omitted). 3. Florida's Code of Evidence generally follows that of California in this area of discussion; and the important point to me is that Section 90.303, Florida Statutes (1976), [5] plainly provides that those presumptions involving public policy affect the burden of proof, i.e., they are non-vanishing....
...en of going forward with evidence to rebut or meet the presumption, but does not shift to such party the burden of proof in the sense of the risk of nonpersuasion, which remains throughout the trial upon the party on whom it was originally cast. [5] Section 90.303 provides: Presumption affecting the burden of producing evidence defined....
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....
...e court as one of great public importance: DOES THE LANGUAGE OF SECTION 627.7073(1)(C) CREATE A PRESUMPTION AFFECTING THE BURDEN OF PROOF UNDER SECTION 90.304 OR DOES THE LANGUAGE CREATE A PRESUMPTION AFFECTING THE BURDEN OF PRODUCING EVIDENCE UNDER SECTION 90.303....
...ting the burden of proof or one that merely vanished once countervailing evidence was adduced. I contend that because the statutory sections at issue in the case were enacted to advance social or public policy, a burden-shifting presumption applies. Section 90.303, Florida Statutes (2005), provides: Presumption affecting the burden of producing evidence defined.In a civil action or proceeding, unless otherwise provided by statute, a presumption established primarily to facilitate the determina...
...nt public policy, is a presumption affecting the burden of producing evidence. (Emphasis added.) Section 90.304 then provides: 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....
...further. [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....
...hall 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. [6] 90.303 Presumption affecting the burden of producing evidence defined.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 p...
711 So. 2d 117, 1998 WL 204811
District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 1700605
Cited 2 times | Published
...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." [5] See § 90.303, Fla....
...esumption is applied, rather than to implement public policy, is a presumption affecting the burden of producing evidence." [6] See § 90.304, Fla. Stat. (1997), which provides: "In civil actions, all rebuttable presumptions which are not defined in s. 90.303 are presumptions affecting the burden of proof." [7] See 11 U.S.C....
823 So. 2d 132, 2002 WL 561378
District Court of Appeal of Florida | Filed: Apr 17, 2002 | Docket: 1512732
Cited 1 times | Published
...edible 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...."); § 90.303, Fla....
District Court of Appeal of Florida | Filed: Nov 6, 2015 | Docket: 3010556
Published
...- 20 -
determination of the particular action in which the
presumption is applied, rather than to implement public
policy, is a presumption affecting the burden of producing
evidence.
§ 90.303.
The Florida Probate Code clarifies that presumptions arising from undue
influence "implement public policy" that justify shifting the entire burden of proof when a
presumption arises....
District Court of Appeal of Florida | Filed: May 4, 2018 | Docket: 6385925
Published
372 So. 2d 438, 440 (Fla. 1979); then quoting § 90.303, Fla. Stat. (1985))). The amendment at issue before
36 So. 3d 805, 2010 Fla. App. LEXIS 7323, 2010 WL 2077167
District Court of Appeal of Florida | Filed: May 26, 2010 | Docket: 2410362
Published
...However, the Commission offered no proof that the envelope containing the order was properly addressed and therefore arguably the presumption never *807 arose. Star Lakes Estates Ass'n, Inc. v. Auerbach, 656 So.2d 271 (Fla. 3d DCA 1995). And even if the presumption did initially arise, it was a section 90.303 presumption and did not survive in the face of Thorne's evidence of the nonexistence of the presumed fact....
428 So. 2d 774, 1983 Fla. App. LEXIS 19419
District Court of Appeal of Florida | Filed: Mar 30, 1983 | Docket: 64595892
Published
concerning the nonexistence of the presumed fact. Section 90.303 provides: Presumption affecting the burden
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
...ar action in which the
presumption is applied, rather than to implement public
policy, is a presumption affecting the burden of producing
evidence.
- 20 -
§ 90.303.
The Florida Probate Code clarifies that presumptions arising from undue
influence "implement public policy" that justify shifting the entire burden of proof when a
presumption arises....
186 So. 3d 65
District Court of Appeal of Florida | Filed: Feb 28, 2016 | Docket: 3039863
Published
3d 577, 581 (Fla. 1st DCA 2009) (en banc). Section 90.303, Florida Statutes, explains that presumptions
