Presumption Of Death

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

• Elledge v. State
  706 So. 2d 1340· Fla.· 1997-09-18 ·cited 41×
  William Elledge challenges his death sentence for the 1974 murder of Margaret Anne Strack following his fourth resentencing proceeding. The Florida Supreme Court affirms the death sentence, addressing 27 issues ranging from the validity of his guilty plea to the constitutional pr
• Secretary OF Health v. Meza
  368 F.2d 389· 9th Cir.· 1966-08-31 ·cited 26×
  The court held that the Secretary failed to provide evidence explaining the second disappearance of the wage earner, thus the presumption of death should apply.
• Charlotte Diane Edwards for Debora A. Long and Clayton D. Long v. Califano
  619 F.2d 865· 10th Cir.· 1980-04-11 ·cited 24×
  The court held that the claimant established that the wage earner was "unexplainedly absent" under the regulation, triggering a presumption of death, and the Secretary failed to rebut this presumption.
• Gardner v. Wilcox
  370 F.2d 492· 9th Cir.· 1966-09-19 ·cited 20×
• Groover v. Simonhoff
  157 So. 2d 541· Fla. 3d DCA· 1963-11-19 ·cited 20×
  A quit-claim deed conveying a grantor's interest in property is valid even if the grantor's title is later perfected through a presumption of death proceeding, due to the doctrine of after-acquired title.
• Mut. Life Ins. Co. of N.Y. v. Hamilton
  143 F.2d 726· 5th Cir.· 1944-06-28 ·cited 20×
  The court held that there was sufficient evidence for the jury to find a presumption of death and to determine the time of death, and that the lower court correctly ruled on the corporate plaintiff's rights.
• Jayne McKEE v. Sullivan
  903 F.2d 1436· 11th Cir.· 1990-06-22 ·cited 18×
  The court held that the Social Security Administration's regulation permits consideration of circumstantial evidence, including probate court decisions and NTSB reports, when determining if a person is dead for benefit purposes.
• Aubrey v. Elliot L. Richardson
  462 F.2d 782· 3d Cir.· 1972-06-06 ·cited 18×
  The court held that the Secretary of Health, Education, and Welfare cannot refuse to apply the presumption of death after seven years of unexplained absence based on mere conjecture or speculation about possible explanations for the disappearance.
• Hamblen v. Dugger
  546 So. 2d 1039· Fla.· 1989-07-06 ·cited 14×
  James William Hamblen petitioned for habeas corpus and a stay of execution following his conviction for first-degree murder and death sentence. The Florida Supreme Court rejected four claims of appellate ineffectiveness and error, including challenges to his waiver of counsel, th
• Ada Blew v. Elliot L. Richardson
  484 F.2d 889· 7th Cir.· 1973-08-23 ·cited 14×
  Pre-departure evidence of intent to disappear can rebut the presumption of death arising from a seven-year unexplained absence, even without post-departure evidence of continued life.
• Christen v. Secretary of Health
  439 F.2d 715· 9th Cir.· 1971-03-11 ·cited 14×
  The court held that the claimant should be presumed dead and awarded social security payments after her husband disappeared for over seven years.
• Puccio v. State
  701 So. 2d 858· Fla.· 1997-11-20 ·cited 13×
  Martin Puccio was convicted of first-degree murder and conspiracy in the death of Bobby Kent and sentenced to death. The Florida Supreme Court vacated the death sentence and remanded for life imprisonment, finding that the trial court's determination that Puccio was more culpable
• Branca v. Sec. Benefit Life Ins. Co.
  773 F.2d 1158· 11th Cir.· 1985-10-15 ·cited 11×
  The court held that an Argentine decree of presumptive death, while admissible as hearsay under an exception, is not prima facie evidence of death under Florida law, and a Florida probate decree has no collateral estoppel effect against a non-party insurer.
• Branca v. Sec. Benefit Life Ins. Co.
  789 F.2d 1511· 11th Cir.· 1986-05-23 ·cited 10×
  The court held that appellants are entitled to an evidentiary hearing on their motion for a new trial based on newly discovered evidence, and that the trial judge erred by not ruling on the request for sanctions.
• Johnson v. Califano
  607 F.2d 1178· 6th Cir.· 1979-09-04 ·cited 10×
  The court held that the Secretary of HEW failed to present substantial evidence to rebut the presumption of death for an absent wage earner, and therefore the denial of benefits was improper.
• Drene Singer v. Schweiker
  694 F.2d 616· 9th Cir.· 1982-12-13 ·cited 8×
• Autrey v. Harris
  639 F.2d 1233· 5th Cir.· 1981-03-16 ·cited 8×
  The court held that the Secretary's decision denying surviving child insurance benefits was not supported by substantial evidence.
• Earl R. and Montez Midgett v. The United States
  603 F.2d 835· Ct. Cl.· 1979-07-18 ·cited 8×
  The Army Board for Correction of Military Records' denial of the parents' application was arbitrary and unsupported by substantial evidence, as the evidence presented, including a Virginia decree of death and the soldier's military record, contradicted the finding of desertion.
• Edythe D. Miller v. Elliott Richardson
  457 F.2d 378· 3d Cir.· 1972-03-10 ·cited 8×
  The court held that there was substantial evidence to support the Department of Health, Education and Welfare's finding that the husband's disappearance was explained, and thus he could not be presumed dead for widow's benefits.
• Lahr v. Elliot L. Richardson
  476 F.2d 1088· 7th Cir.· 1973-03-23 ·cited 7×
  The court affirmed the denial of old age insurance benefits and the order to reimburse overpaid benefits, finding substantial evidence supported the hearing examiner's determination of death and that the administrator was not without fault regarding the overpayment.
• Melbourne Airways & AIR Coll. Inc. v. Beatrice Thompson & the Fla. Indus. Comm'n
  190 So. 2d 305· Fla.· 1966-07-27 ·cited 7×
  The court held that the fact and time of death, as well as whether an injury occurred in the course of employment, can be proven by circumstantial evidence.
• Boyd v. Bowen
  797 F.2d 624· 8th Cir.· 1986-07-24 ·cited 6×
  The government should be estopped from insisting on strict compliance with eligibility requirements due to erroneous advice given to an applicant.
• Shelnutt v. Heckler
  723 F.2d 1131· 3d Cir.· 1983-12-28 ·cited 6×
  The court held that the Secretary failed to provide sufficient affirmative evidence to rebut the presumption of death for a wage earner missing for over seven years.
• Hortentia R. Acosta v. The United States
  320 F.2d 382· Ct. Cl.· 1963-07-12 ·cited 6×
  The court held that the claim for retirement pay accrued at the end of the seven-year period of unexplained absence, when the presumption of death arose, and that the statute of limitations began to run from that point.
• In re Chicago & N. W. Ry Co. Carlson v. Thomson
  138 F.2d 753· 7th Cir.· 1943-11-15 ·cited 6×
  The court held that the master's findings of fact were not clearly erroneous and that the presumption of life was not overcome by the evidence presented.
• Baker v. Peavy-Wilson Lumber Co.
  140 Fla. 791· Fla.· 1939-11-28 ·cited 6×
  In a wrongful death action for a negligent death of a minor son, the trial court set aside a jury verdict in plaintiff's favor and granted a new trial. The Florida Supreme Court affirmed the order granting a new trial, rejecting the defendant's challenge to plaintiff's standing b
• Hamblen v. Dugger
  719 F. Supp. 1051· M.D. Fla.· 1989-07-10 ·cited 4×
  The court denied the petition for a writ of habeas corpus and the motion for a stay of execution, finding no merit in the petitioner's claims of error.
• Mando v. Sec'y OF Health & Human Servs.
  737 F.2d 278· 2d Cir.· 1984-06-19 ·cited 4×
  The court held that even if the presumption of death arises, the Secretary presented sufficient evidence to rebut it by showing the husband's absence was rationally explained by his fugitive status to avoid prison.
• Brown v. Heckler
  723 F.2d 1135· 3d Cir.· 1983-12-28 ·cited 4×
  The court held that the husband's unequivocal letter stating his intent to disappear, change his name, and start a new life rebutted the presumption of death arising from his seven-year absence.
• Wages v. Schweiker
  659 F.2d 59· 5th Cir.· 1981-10-15 ·cited 4×
  The court held that the facts presented were sufficient to establish a presumption of death under Social Security regulations, and the Secretary failed to rebut this presumption.
• Hayes v. Seaton
  270 F.2d 319· D.C. Cir.· 1959-07-09 ·cited 4×
  The court held that the Secretary of the Interior's decision determining the legal heirs of a deceased Indian allottee is final and conclusive and not subject to judicial review unless arbitrary or unreasonable.
• Peak v. United States
  229 F.2d 503· 6th Cir.· 1956-02-14 ·cited 4×
  The court held that the complaint failed to state a claim upon which relief could be granted, as it did not sufficiently allege circumstances to infer the insured's death during the policy's effective period.
• Smith v. Mass. Mut. Life Ins. Co.
  167 F.2d 990· 5th Cir.· 1948-05-04 ·cited 4×
  A presumptive finding of death by the War Department for fiscal purposes does not constitute a certificate of death under Alabama law for insurance purposes.
• Westphal v. Kan. City Life INS. Co. (two cases)
  126 F.2d 76· 7th Cir.· 1942-02-05 ·cited 4×
  The court held that the date of death, when presumed after seven years of unexplained absence, is a question of fact for the jury if there is evidence from which inferences can be drawn.
• Cotton v. Prudential Ins. Co. of Am.
  391 F. Supp. 2d 1137· N.D. Fla.· 2005-05-02 ·cited 2×
  The court held that a claim for SGLI benefits arises under federal law, and while federal law may govern policy interpretation, state law can apply to interpret a state court order determining the date of presumed death, thus the motion to dismiss was denied.
• Woods v. The Est. of Graham Woods
  681 So. 2d 903· Fla. 4th DCA· 1996-10-23 ·cited 2×
  The statute establishing a five-year presumption of death for an absent person does not preclude a court from declaring death earlier if sufficient circumstantial evidence exists.
• Cadorette v. United States
  988 F.2d 215· 1st Cir.· 1993-02-22 ·cited 2×
  The court held that the condemnation action moots the remaining quiet title claims regarding Betsey I and Edmund II's shares, and the district court's allocation of those shares was incorrect.
• Brewster v. Sullivan
  972 F.2d 898· 8th Cir.· 1992-08-12 ·cited 2×
• Allene L. Driver v. Heckler
  779 F.2d 509· 9th Cir.· 1985-12-26 ·cited 2×
  The court held that the Secretary's determination denying mother's insurance benefits was supported by substantial evidence and proper legal standards, affirming the district court's summary judgment.
• Firemen's Fund Am. Life Ins. Co. v. Wohl
  334 So. 2d 261· Fla. 3d DCA· 1976-04-27 ·cited 2×
  Firemen's Fund appeals a $50,000 jury verdict awarding life insurance proceeds to the widow of Jack Wohl based on his presumed death following the disappearance of a fishing vessel. The court upholds the verdict, finding sufficient circumstantial evidence that Wohl died in the lo
• In re Est. of Wade H. Wilson
  186 So. 2d 283· Fla. 1st DCA· 1966-05-10 ·cited 2×
  Mrs. Bishop appealed a probate court order denying her claim to the entire distributive share of her father's estate on the grounds that her brother's status (alive or dead) was unknown. The appellate court reversed, holding that the seven-year presumption of death had arisen and
• Delma E. (Dutton) Jones v. United States
  266 F.2d 654· 5th Cir.· 1959-05-21 ·cited 2×
  The court held that the beneficiary failed to present sufficient evidence to prove the insured died within the critical period when the policy was in force.
• United States v. Dininny
  261 F.2d 517· 2d Cir.· 1958-12-11 ·cited 2×
  The court held that an adopted child, whose father acknowledged paternity before adoption, is entitled to life insurance proceeds as a beneficiary, and an annulment decree stating no children were born does not affect the child's rights.
• State ex rel. Sidenfaden v. United States Fid. & Guar. Co.
  193 F.2d 47· 7th Cir.· 1951-12-04 ·cited 2×
  The court held that the plaintiff, not being named as an obligee and the bonds not being for his use or benefit, lacked the right to sue on the bonds.
• United States v. Neeley
  475 F.2d 1136· 4th Cir.· 1973-04-09 ·cited 1×
  The court held that the district court did not err in admitting testimony from individuals the defendant claimed were his wives, as the marriages were invalid due to a prior undissolved marriage.
• Andrews v. Est. OF Mable Louise Andrews
  149 So. 3d 760· Fla. 5th DCA· 2014-11-07
  Tommie Lee Andrews appealed the trial court's denial of his petition to declare his missing sister, Mable Louise Andrews, deceased after nearly 39 years of continuous absence. The Florida appellate court reversed, holding that Andrews was entitled to an evidentiary hearing becaus
• Hopper v. Dependable Life Ins. Co.
  615 So. 2d 263· Fla. 1st DCA· 1993-03-10
  Dorothy Hopper, as representative of her deceased husband's estate, appealed the trial court's grant of summary judgment dismissing her claim against Dependable Life Insurance Company for death benefits under a credit life insurance policy. The appellate court reversed, holding t
• Daubert v. Sullivan
  905 F.2d 266· 9th Cir.· 1990-06-01
  The court held that a certificate of presumptive death, issued by the state, does not satisfy the Social Security Administration's regulatory requirements for preferred evidence of actual death, nor does it qualify as 'other convincing evidence' without personal knowledge of the
• Flanagan v. R.R. Ret. Bd.
  332 F.2d 301· 3d Cir.· 1964-05-19
  The court held that accrued annuities are payable only to statutory beneficiaries and not to an estate or a stepchild not explicitly named.
• Groover v. Simonhoff
  21 Fla. Supp. 31· Dade Cty. Cir. Ct.· 1963-01-18
  This case involves a dispute over title to real property in Dade County, Florida. Frank S. Roberts disappeared in 1926 and was presumed dead under Florida law. His widow, Blanche B. Roberts, conveyed the property via quit claim deed to defendants Simonhoff in 1954, then later con