Evidentiary Presumption

41 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Pub. Health Tr. OF Dade Cnty. v. Gregoria Valcin
  507 So. 2d 596· Fla.· 1987-04-30 ·cited 135×
  The Florida Supreme Court approved a rebuttable presumption of negligence when a hospital fails to maintain adequate surgical operative notes, but struck down an irrebuttable presumption that would have conclusively established liability. The Court held that when essential medica
• Johnson v. Omega Ins. Co.
  200 So. 3d 1207· Fla.· 2016-09-29 ·cited 64×
  The Florida Supreme Court reversed the Fifth District Court of Appeal's decision denying attorney's fees to an insured who recovered denied insurance benefits after filing suit. The Court held that an insured is entitled to attorney's fees under section 627.428 upon an incorrect
• Eppler v. Tarmac Am., Inc.
  752 So. 2d 592· Fla.· 2000-02-17 ·cited 48×
  The Florida Supreme Court held that testimony of a sudden, unexpected stop immediately after starting forward in bumper-to-bumper traffic constitutes sufficient evidence to overcome the presumption of negligence that attaches to the rear driver in a rear-end collision. The court
• Eugene J. Strasser, M.D., P.A. v. Bose Yalamanchi, M.D., P.A.
  783 So. 2d 1087· Fla. 4th DCA· 2001-02-28 ·cited 32×
  Dr. Strasser and his professional corporation appealed a jury verdict awarding damages to Dr. Yalamanchi for breach of contract and negligent destruction of evidence (spoliation). The court affirmed, holding that evidence of discovery misconduct was properly admitted in a spoliat
• Cardenas v. State
  816 So. 2d 724· Fla. 1st DCA· 2002-05-07 ·cited 31×
  Ronald Cardenas was convicted of boating under the influence (BUI) manslaughter and other offenses arising from a collision that killed two people. On appeal, he challenged the trial court's refusal to allow certain cross-examination, the giving of an impairment presumption jury
• United States v. Hazime
  762 F.2d 34· 6th Cir.· 1985-05-07 ·cited 31×
  The court held that the district court's pretrial detention order must be remanded because the district court failed to clarify whether it treated the statutory presumption of flight as evidentiary or burden-shifting, and the government's position on this issue was also unclear.
• Ellis v. State
  425 So. 2d 201· Fla. 5th DCA· 1983-01-19 ·cited 23×
  The court held that the information for attempted burglary was sufficient without alleging the specific offense intended to be committed within the structure.
• Allstate Ins. Co. v. Eckert
  472 So. 2d 807· Fla. 4th DCA· 1985-07-03 ·cited 22×
  The court held that the presumption of receipt for mailed documents, combined with the insured's partial response, was sufficient to establish a knowing rejection of higher uninsured motorist coverage limits.
• Johnson v. Wright
  509 F.2d 828· 5th Cir.· 1975-03-13 ·cited 22×
  The court held that the jury charge shifting the burden of proof to the defendant regarding the unlicensed nature of a pistol violated due process. However, the arrest and search were constitutional.
• B.R. and W.C. v. Dep't of Health & Rehabilitative Servs.
  558 So. 2d 1027· Fla. 2d DCA· 1989-12-08 ·cited 20×
  B.R. and W.C., school employees, challenged their confirmation as child abusers following corporal punishment that left bruises. The court reversed the Department of Health and Rehabilitative Services' reliance on a "twenty-four hour rule"—an evidentiary presumption that visible
• McDONALD v. Dep't of Prof'l Reg.
  582 So. 2d 660· Fla. 1st DCA· 1991-06-13 ·cited 19×
  A licensed harbor pilot challenges a $500 fine imposed by the Department of Professional Regulation for negligence in piloting a vessel that struck the channel embankment. The court reverses because the Board improperly adopted and applied a legal presumption of negligence withou
• Broyles v. Dir., Off. OF Worker's Comp. Programs, United States Dep't OF Labor, Benefits Review Bd., of the United States Dep't of Labor
  824 F.2d 327· 4th Cir.· 1987-07-31 ·cited 18×
  The court held that the interim presumption under 20 C.F.R. § 410.490 should have been applied to the appellants' claims, as mandated by 30 U.S.C. § 902(f)(2).
• Jacques Moreau v. Egon Oppenheim
  663 F.2d 1300· 5th Cir.· 1981-12-02 ·cited 18×
  The court affirmed the jury's verdict and the district court's judgment, finding sufficient evidence to support the verdict and rejecting the Oppenheims' various claims of error.
• Martone v. United States
  435 F.2d 609· 1st Cir.· 1970-12-07 ·cited 18×
  The court held that the Supreme Court's decision in Turner v. United States, which invalidated certain evidentiary presumptions used in cocaine convictions, must be applied retroactively to cases like petitioner's where the conviction relied on those presumptions.
• Schafrath v. Marco BAY Resort, Ltd.
  608 So. 2d 97· Fla. 1st DCA· 1992-10-29 ·cited 17×
  Alice Schafrath sought workers' compensation benefits for a workplace injury to her right elbow sustained on January 26, 1990, at Marco Bay Resort. The judge of compensation claims denied all benefits, but the appellate court reversed, holding that the judge improperly applied th
• Econ. Cabs, Inc. v. Kirkland
  127 Fla. 867· Fla.· 1937-02-01 ·cited 15×
  Economy Cabs, Inc. appeals a judgment for negligence after a taxicab passenger was injured during transport. The court affirmed the judgment, holding that despite evidence that the specific cab was owned by a third party, the defendant corporation could be held liable because it
• Tomlinson v. Dep't of Health & Rehabilitative Servs.
  558 So. 2d 62· Fla. 2d DCA· 1990-01-31 ·cited 14×
  Robert Tomlinson, a state employee with 28 years of service, was separated for constructive abandonment after failing to contact his supervisor during a five-day illness. The Florida District Court of Appeal reversed the Department of Administration's affirmance of the separation
• Warfel v. Universal Ins. Co. of N. Am.
  36 So. 3d 136· Fla. 2d DCA· 2010-05-12 ·cited 12×
  Michael Warfel appeals the denial of his sinkhole insurance claim, challenging a jury instruction that created a presumption favoring the insurer's expert report. The court reversed, holding that the statutory presumption in section 627.7073(1)(c) affects only the burden of produ
• Smakula v. Caspar Weinberger
  572 F.2d 127· 3d Cir.· 1978-03-01 ·cited 8×
  The Secretary's final decision denying widow's black lung benefits was not supported by substantial evidence, and the district court's judgment should be reversed.
• United States ex rel. Leslie D. Stickler v. Tehan
  365 F.2d 199· 6th Cir.· 1966-08-19 ·cited 8×
  The court held that the reporting of a co-defendant's death, without more, did not create a presumption of jury partiality requiring interrogation, and that the trial court did not abuse its discretion.
• Cities OF Anaheim v. Fed. Energy Regulatory Comm'n
  941 F.2d 1234· D.C. Cir.· 1991-08-20 ·cited 6×
  The court held that Edison successfully rebutted the presumption of anticompetitive effects for both periods of proven price discrimination.
• In re Intercontinental Props. Mgmt. v. Sequros Caracas
  604 F.2d 254· 4th Cir.· 1979-07-09 ·cited 6×
  The court held that the district court erred in exonerating the shipowner because the seaman's willful scuttling of the ship, even if outside the typical scope of employment, falls within the "fault or neglect of the agents or servants" exception of COGSA's Q-clause, thus preclud
• State of Fla. Dep't OF Pollution Control v. Int'l Paper Co.
  329 So. 2d 5· Fla.· 1976-02-26 ·cited 6×
  The Florida Supreme Court upheld the constitutionality of a statute authorizing the Department of Pollution Control to assess damages for fish kills using a standardized table of fish values, while holding that the 1972 amendment allowing administrative enforcement could not be r
• United States v. Goldstein
  323 F.2d 753· 2d Cir.· 1963-10-22 ·cited 6×
• Holland Livestock Ranch v. United States
  655 F.2d 1002· 9th Cir.· 1981-09-08 ·cited 4×
  The court held that the Interior Board of Land Appeals' use of an access trespass presumption, supported by evidence of actual trespasses, was a rational basis for determining grazing trespasses and computing damages. The court also found substantial evidence of willfulness to su
• Elliott v. Adm'r, Animal & Plant Health Inspection Serv., United States Dep't OF Agric.
  990 F.2d 140· 4th Cir.· 1993-03-30 ·cited 2×
  The court held that the Secretary's interpretation of 'entering' under the Horse Protection Act was reasonable and consistent with Congressional intent, and that the Act was not unconstitutionally vague.
• United States v. Campbell
  935 F.2d 39· 4th Cir.· 1991-06-05 ·cited 2×
  The court held that the evidence was sufficient to support the convictions, that co-defendant statements were properly admitted, that the school-zone statute is constitutional, and that sentencing calculations were appropriate.
• Holland Livestock Ranch v. United States
  714 F.2d 90· 9th Cir.· 1983-08-26 ·cited 2×
  The court held that the government's 'access trespass' presumption is invalid as the sole evidence to establish a claim of trespass, requiring proof of actual trespass first.
• State v. McELDOWNEY
  99 So. 3d 610· Fla. 5th DCA· 2012-10-19 ·cited 1×
  Florida's Fifth District Court of Appeal reversed a county court decision striking down a statute creating a rebuttable presumption regarding the proper functioning of speed measuring devices used by law enforcement. The court held that the statute's procedural aspects are suffic
• Cheila Springfield v. Dep't of Env't Prot.
  648 So. 2d 802· Fla. 1st DCA· 1994-12-29 ·cited 1×
  An employee who intentionally fails to report to work for three consecutive workdays after being warned that such failure constitutes job abandonment has voluntarily abandoned her position, and the agency may dismiss her on that ground.
• Marchese v. State OF Cal. (appeal filed sub nom. Paul T. Walker
  545 F.2d 645· 9th Cir.· 1976-09-17 ·cited 1×
  The court held that the appeal is moot due to the petitioner's release from custody and that the petitioner's claims regarding his state conviction lack merit.
• Donnie Lappale Hughes v. State
  81 So. 3d 597· Fla. 1st DCA· 2012-03-06
  The court held that giving a jury instruction on the inference that a sale below fair market value implies knowledge of stolen property was not fundamental error, even without evidence of fair market value, when the defendant's theory of defense was mistaken identity, not lack of
• United States v. Barski
  968 F.2d 936· 9th Cir.· 1992-07-01
  Sentencing Guideline 2T1.3(a)(1) does not violate due process by creating an irrebuttable presumption, as it functions as a measure of culpability for sentencing, not an evidentiary presumption for guilt.
• Morgan v. Shirley
  958 F.2d 662· 6th Cir.· 1992-01-27
  The court held that the use of a statutory presumption as evidence in a DUI case did not violate due process by impermissibly shifting the burden of persuasion to the defendant.
• J.C. v. Dep't of Health & Rehabilitative Servs.
  561 So. 2d 457· Fla. 2d DCA· 1990-05-18
  A father appealed the Department of Health and Rehabilitative Services' listing of him as a confirmed child abuser after he spanked his three-year-old son with a belt, causing bruises lasting more than 24 hours. The court reversed, finding that the department's "24 Hour Rule"—an
• Roberts v. Marshall
  736 F.2d 1126· 6th Cir.· 1984-06-22
  The court held that the jury instructions regarding 'purposely' for murder and 'knowingly' for drug possession did not violate due process, and that claims not objected to at trial were procedurally barred.
• Brown v. State
  436 So. 2d 1113· Fla. 1st DCA· 1983-09-07
  Proof of stealthy entry without consent is sufficient prima facie evidence of intent to commit an offense for burglary, and the information need not specify the intended offense.
• Santana v. United States
  477 F.2d 721· 2d Cir.· 1973-04-20
  A voluntary and intelligent guilty plea, entered on advice of counsel, is not rendered invalid by subsequent judicial decisions that invalidate the statutory presumptions that may have influenced the plea.
• Nat'l Life Ins. Co. v. Jayne
  132 F.2d 358· 10th Cir.· 1942-10-30
  An adjudication of insanity is not conclusive evidence of total disability for insurance purposes, and the insurer may present evidence to rebut the presumption of disability.