Annotations, Discussions, Cases:
Cases Citing Statute 90.304
Total Results: 36
802 So. 2d 315, 2001 WL 1423221
Supreme Court of Florida | Filed: Nov 15, 2001 | Docket: 1332804
Cited 121 times | Published
...[9] However, the Louisiana legislature subsequently overruled the court's decisions by codifying the requirement of actual or constructive knowledge into statute. See 1990 La. Acts 1025, La.Rev.Stat. Ann. § 9:2800.6 (West 1990). [10] The presumption is one affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000). 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....
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
...s long as the account is established by husband and wife in accordance with the unities of possession, interest, title, and time and with right of survivorship. [18] The presumption we adopt is a presumption affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000), thus shifting the burden to the creditor to prove by a preponderance of evidence [19] that a tenancy by the entireties *59 was not created....
...assaat, Ltd. v. Bettis, 654 So.2d 980, 981 (Fla. 4th DCA 1995). We find no reason to deviate from that standard here. We disapprove Terrace Bank v. 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....
568 So. 2d 24, 1990 WL 141444
Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 1526662
Cited 29 times | Published
...of producing evidence. This type of presumption is commonly referred to as a vanishing presumption, or a "bursting bubble" presumption. 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....
589 So. 2d 1337, 1991 WL 147816
District Court of Appeal of Florida | Filed: Dec 17, 1991 | Docket: 1440806
Cited 24 times | Published
...The issue we confront is the effect of an ex parte communication upon a decision emanating from a quasi-judicial proceeding of the Dade County Commission. We hold that upon proof that a quasi-judicial officer received an ex parte contact, a presumption arises, pursuant to section 90.304, Florida Statutes (1989), that the contact was prejudicial....
...judicial proceeding states a cause of action. E.g., Waste Management; PATCO. Upon the aggrieved party's proof that an ex parte contact occurred, its effect is presumed to be prejudicial unless the defendant proves the contrary by competent evidence. § 90.304....
...and is sufficient evidence to convince the fact-finder that the innocent party has been prejudiced; the rebuttable presumption imposes upon the party against whom it operates the burden of proof concerning the nonexistence of the presumed fact. [6] § 90.304, Fla....
416 So. 2d 1133
District Court of Appeal of Florida | Filed: Mar 31, 1982 | Docket: 1224667
Cited 20 times | Published
...Conversely, the appraiser's failure to at least consider the necessary predicates renders his valuation invalid. Straughn v. Tuck, supra ; Palm Corporation v. Homer, supra. Even in the absence of the common law, the Florida Evidence Code, Sections 90.302(2) and 90.304, Florida Statutes (1977), mandates the result stated above. The Law Revision Council Note to Section 90.304, Florida Statutes Annotated (1976) includes examples involving acts of public officials. Consequently, even without the historical development of the law in Florida, Sections 90.302(2) and 90.304, supra, would control....
...When the Board's jurisdiction to review the preliminary assessment is invoked and the Board properly acts, we do not perceive that the Legislature intended that it become a useless act. We observe, as we did with respect to the appraiser, that even in the absence of decisional law, Sections 90.302(2) and 90.304, supra, would accord the official acts of the Board presumptive validity....
...Where the appraiser has considered the relevant criteria, the taxpayer must overcome the presumptive validity of the appraiser's preliminary assessment to the exclusion of every reasonable hypothesis of a legal assessment. Straughn v. Tuck, supra ; §§ 90.302(2) and 90.304, Fla....
498 So. 2d 1253, 11 Fla. L. Weekly 636
Supreme Court of Florida | Filed: Dec 11, 1986 | Docket: 1699748
Cited 15 times | Published
...set out in Wilcox is sound and that it is applicable to the facts of this case. [4] Presumptions affecting the burden of producing evidence [5] are established primarily to facilitate the determination of the action. Law Revision Council Note-1976, § 90.304, 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 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....
...vice (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....
878 So. 2d 440, 2004 WL 1584910
District Court of Appeal of Florida | Filed: Jul 16, 2004 | Docket: 760106
Cited 7 times | Published
..., Fla. Stat. (2002). "A presumption... requires that `once some fact ... 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. § 90.304, Fla....
...f 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....
...uence 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....
...r 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....
...ovided 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. 90.304....
601 So. 2d 1165, 1992 WL 110897
Supreme Court of Florida | Filed: May 28, 1992 | Docket: 371904
Cited 6 times | Published
...NOTES [1] Although the deceased coincidentally had the same last name, this case is unrelated to In re Estate of Gainer, 579 So.2d 739 (Fla. 1st DCA 1991). [2] Contrary to respondents' argument, however, we also agree that in exchange for the creation of a presumption which shifts the burden of proof to the estate under section 90.304, Florida Statutes (1987), and increases the burden to a clear and convincing standard, the estate is entitled to introduce parol evidence....
421 So. 2d 597
District Court of Appeal of Florida | Filed: Oct 13, 1982 | Docket: 1157495
Cited 5 times | Published
...ovided 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....
830 So. 2d 867, 2002 Fla. App. LEXIS 14786, 2002 WL 31293886
District Court of Appeal of Florida | Filed: Oct 14, 2002 | Docket: 471364
Cited 3 times | Published
...Tuck, 354 So.2d 368 (Fla.1977); Bystrom v. Equitable Life Assurance Soc'y of the United States, 416 So.2d 1133 (Fla. 3d DCA 1982). As explained by Professor Ehrhardt, presumptions that implement public policy are rebuttable presumptions codified under section 90.304, Florida Statutes, which affect the burden of proof, and, "[b]ecause of the harm that would result to society and the individual if the presumed fact is disproved, a greater burden is placed upon a party to disprove the presumed fact." Charles W....
566 So. 2d 9, 1990 WL 107819
District Court of Appeal of Florida | Filed: Jul 31, 1990 | Docket: 2512310
Cited 3 times | Published
...e weighed along with other evidence of the paternity of the alleged father unless the statistical probability of paternity equals or exceeds 95 percent." A statistical probability of 95 percent or more creates a rebuttable presumption, as defined by § 90.304, that the alleged father is the biological father of the child....
816 So. 2d 1231, 2002 Fla. App. LEXIS 7630, 2002 WL 1071437
District Court of Appeal of Florida | Filed: May 31, 2002 | Docket: 1753442
Cited 2 times | Published
...At that point, the burden shifts to the defendant to show by the greater weight of the evidence that it exercised reasonable care in the maintenance of the premises. Owens, 802 So.2d at 331. The supreme court held that "[t]he presumption is one affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000).......
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
...Universal contended that the 2005 amendments and enactments did not impair existing contract rights or obligations. Alternatively, Universal argued that any impairment was overridden by the State's interest in resolving a sinkhole insurance claim crisis. Universal also asked the trial court to determine that section 90.304, Florida Statutes (2007), allowed a jury instruction based on section 627.7073(1)(c) as a rebuttable presumption affecting the burden of proof....
...[3] Universal retained its experts under section 627.707(2) to conduct the testing required by section 627.7072 and to issue a *138 report in accordance with section 627.7073. This report bears the presumption of correctness. Universal also contended that section 627.7073(1)(c) created a section 90.304 presumption because it implemented public policy relating to a sinkhole insurance crisis....
...See Wallach v. Rosenberg, 527 So.2d 1386, 1388-89 (Fla. 3d DCA 1988). We must assume that the legislature *139 was aware of this fact when it enacted section 627.7073(1)(c). Moreover, the legislature knows how to create burden-shifting presumptions under section 90.304....
...n v. Williams, 566 So.2d 9, 11 (Fla. 3d DCA 1990) (explaining that the statutory presumption of paternity under section 742.12(1), Florida Statutes (1989), is a rebuttable presumption and the legislature specifically provided that it was governed by section 90.304 of the evidence code)....
...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....
...However, because our ruling may affect insurance claims for sinkhole losses throughout Florida, we certify the following question to the supreme 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....
...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. (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. (Emphasis added.) Section 90.304 applies to presumptions implementing public policy and, therefore, applies in this case....
...(holding that presumption could be overcome only by clear and convincing evidence and that, in the absence of such cogent proof, public policy must be given effect). The majority points out that the legislature knows how to expressly create burden-shifting presumptions under section 90.304....
...lve an issue of retroactivity. Although Mr. Warfel takes issue with the latter ruling, we find no error and discuss the matter no 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....
711 So. 2d 117, 1998 WL 204811
District Court of Appeal of Florida | Filed: Apr 29, 1998 | Docket: 1700605
Cited 2 times | Published
...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." [6] See § 90.304, Fla....
583 So. 2d 708, 1991 WL 115609
District Court of Appeal of Florida | Filed: Jun 28, 1991 | Docket: 1684264
Cited 1 times | Published
...Normally, if the rights of parties are resolved by a clear and unambiguous contract, parol evidence is not admitted to alter the expressed intent. Knabb v. Reconstruction Fin. Corp., 144 Fla. 110, 197 So. 707 (1940). The banking statute, however, creates a presumption which shifts the burden of proof to the estate under section 90.304, Florida Statutes (1987), and increases the burden to the clear and convincing standard....
377 B.R. 687, 21 Fla. L. Weekly Fed. B 67, 2006 Bankr. LEXIS 4458, 2006 WL 4927306
United States Bankruptcy Court, M.D. Florida | Filed: Jun 15, 2006 | Docket: 1103650
Cited 1 times | Published
...ies as long as the account is established by husband and wife in accordance with the unities of possession, interest, title, and time and with right of survivorship. The presumption we adopt is a presumption affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000), thus shifting the burden to the creditor to prove by a preponderance of evidence that a tenancy by the entireties was not created....
552 So. 2d 926, 1989 WL 77496
District Court of Appeal of Florida | Filed: Jul 13, 1989 | Docket: 1663630
Cited 1 times | Published
...Test results are admissible in evidence and should be weighed along with other evidence of the paternity of the alleged father unless the statistical *927 probability of paternity equals or exceeds 95 percent. A statistical probability of paternity of 95 percent or more creates a rebuttable presumption, as defined by s. 90.304, that the alleged father is the biological father of the child....
...ent probability of paternity are introduced, the trial court shall weigh the test results with all other evidence. However, when HLA test results indicate a probability of paternity equal to or greater than 95 percent, a rebuttable presumption under Section 90.304, Florida Statutes (1987), arises. In Caldwell v. Division of Retirement, Florida Department of Administration, 372 So.2d 438 (Fla. 1979), the Supreme Court held that Section 90.304, Florida Statutes, presumptions impose on the party against whom the presumption operates, the burden of proof concerning the nonexistence of the presumed fact....
217 So. 3d 183, 2017 Fla. App. LEXIS 5201
District Court of Appeal of Florida | Filed: Apr 13, 2017 | Docket: 60265664
Cited 1 times | Published
later codified in the Florida Evidence Code, as section 90,304, Florida Statutes. . If a claimant has evidence
District Court of Appeal of Florida | Filed: Sep 4, 2024 | Docket: 69127385
Published
a presumption “affecting the burden of proof.” § 90.304, Fla. Stat. (2023). As discussed in Love, amendments
561 B.R. 230
United States Bankruptcy Court, M.D. Florida | Filed: Oct 6, 2016 | Docket: 65789320
Published
affecting the burden of proof pursuant to- section 90.304, Florida Statutes (2000), thus shifting the
District Court of Appeal of Florida | Filed: Oct 12, 2022 | Docket: 65417132
Published
affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000), thus shifting
416 So. 2d 1133, 1982 Fla. App. LEXIS 20620
District Court of Appeal of Florida | Filed: Mar 31, 1982 | Docket: 64591251
Published
stated above. The Law Revision Council Note to Section 90.-304, Florida Statutes Annotated (1976) includes
428 So. 2d 774, 1983 Fla. App. LEXIS 19419
District Court of Appeal of Florida | Filed: Mar 30, 1983 | Docket: 64595892
Published
affecting the burden of producing evidence. Section 90.304 provides: Presumption affecting the burden
583 So. 2d 708, 1991 Fla. App. LEXIS 6106
District Court of Appeal of Florida | Filed: Jun 28, 1991 | Docket: 64660637
Published
shifts the burden of proof to the estate under section 90.304, Florida Statutes (1987), and increases the
186 So. 3d 65
District Court of Appeal of Florida | Filed: Feb 28, 2016 | Docket: 3039863
Published
presumptions affecting the production'of evidence. Section 90.304, Florida Statutes, provides “[i]n civil actions
589 So. 2d 1345
District Court of Appeal of Florida | Filed: Aug 6, 1991 | Docket: 64663468
Published
contact, a presumption arises, pursuant to section 90.304, Florida Statutes (1989), that the contact
District Court of Appeal of Florida | Filed: Aug 2, 2024 | Docket: 69009377
Published
affecting the burden of proof pursuant to section 90.304, Florida Statutes (2000), thus shifting
