Presumption Of Marriage Validity

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

• Dade Cnty. Port Auth. & Bituminous Cas. Corp. v. Keller
  117 So. 2d 731· Fla.· 1960-02-03 ·cited 111×
  The Florida Supreme Court denied a petition for writ of certiorari regarding a compensation award, finding the issue moot pending further proceedings in a companion case. The court allowed petitioners to reapply for the writ after the companion case concluded.
• Ferrell v. State
  45 Fla. 26· Fla.· 1903-01-01 ·cited 34×
  T. B. Ferrell was convicted of bigamy in Santa Rosa County Circuit Court in 1902 for marrying a second wife while his first wife was still living. On appeal to the Florida Supreme Court, Ferrell challenged the indictment, grand jury procedures, and various evidentiary rulings, bu
• Johnson v. Lincoln Square Props., Inc.
  571 So. 2d 541· Fla. 2d DCA· 1990-12-14 ·cited 27×
  The court held that Florida Statute § 741.211, which voids common law marriages in Florida, does not invalidate common law marriages lawfully contracted in other states.
• Tarsagian v. Watt
  402 So. 2d 471· Fla. 3d DCA· 1981-07-28 ·cited 16×
  The court held that the evidence did not support the trial court's finding of undue influence in the procurement of the will, and thus reversed the revocation of probate.
• Anderson v. Anderson
  577 So. 2d 658· Fla. 1st DCA· 1991-03-29 ·cited 15×
  The appellate court reversed a final judgment that found an eighteen-year marriage invalid because the wife's prior divorce was not final at the time of the ceremonial marriage.
• Metro. Life Ins. Co. v. Manning
  568 F.2d 922· 2d Cir.· 1977-09-08 ·cited 14×
  The court held that even if a second marriage is bigamous, it may have sufficient legal effect under state law to qualify the second spouse as a 'widower' for federal insurance purposes, especially when the first spouse unreasonably delayed asserting invalidity.
• Donald (Don) W. Grace v. Grace
  162 So. 2d 314· Fla. 1st DCA· 1964-03-31 ·cited 12×
  Don Grace appealed a chancellor's interlocutory order awarding his wife Ruth $750/month in temporary alimony and other relief pendente lite in a divorce proceeding. The appellate court held that although the marriage was valid, the award of temporary alimony was an abuse of discr
• Gainey v. Flemming
  279 F.2d 56· 10th Cir.· 1960-05-13 ·cited 12×
  The court held that the referee's finding that the wage earner and his first wife were never divorced was supported by substantial evidence, and therefore the claimants were not legitimate children entitled to benefits.
• Lambertini v. Lambertini
  655 So. 2d 142· Fla. 3d DCA· 1995-04-26 ·cited 10×
  The appellate court reversed the trial court's annulment of the marriage, finding that the husband was estopped from contesting the validity of the marriage after thirty years and that the trial court erred in finding it lacked subject matter jurisdiction.
• Lilianan Guelman and Lidia Guelman v. Elba Formente de Guelman
  453 So. 2d 1159· Fla. 3d DCA· 1984-07-17 ·cited 10×
  The Florida appellate court affirmed the trial court's determination that a marriage validly entered into in Bolivia in 1971 was valid and that the decedent and his spouse were domiciled in Florida at the time of death in 1976, applying principles of presumption of valid marriage
• Brinson v. Brinson
  334 F.2d 155· 4th Cir.· 1964-06-16 ·cited 10×
  The court held that Clara Brinson, having remarried under a bigamous marriage after a divorce a mensa et thoro and desertion, was equitably barred from claiming insurance proceeds as the lawful widow.
• GEE Chee ON v. Brownell
  253 F.2d 814· 5th Cir.· 1958-04-01 ·cited 10×
  The court held that the trial court erred in dismissing the action, finding sufficient unimpeached evidence to establish the appellant's citizenship despite credibility issues with his initial testimony.
• DI Giovanni v. DI Giovannantonio
  233 F.2d 26· D.C. Cir.· 1956-03-15 ·cited 10×
  The court held that the trial court erred in denying the motion for a new trial based on newly discovered evidence of a prior ceremonial marriage.
• Cohen v. Mali Ben Shushan
  212 So. 3d 1113· Fla. 2d DCA· 2017-03-15 ·cited 8×
  In an inheritance dispute involving Israeli family law, the Florida appellate court held that a reputed spouse relationship under Israeli law does not constitute marriage for purposes of Florida intestacy law. Although Israeli law grants reputed spouses nearly identical rights to
• LIM Kwock Soon and Lim Kwock Min v. Brownell
  253 F.2d 809· 5th Cir.· 1958-04-01 ·cited 8×
  The court held that the suspicious 'Bok Hing' letter and coincidental birth dates did not sufficiently justify denying U.S. citizenship to the appellants, and that their marriage was valid.
• Hall v. Maal
  32 So. 3d 682· Fla. 1st DCA· 2010-03-30 ·cited 7×
  The Florida Court of Appeal held that a couple who participated in a full wedding ceremony without obtaining a marriage license beforehand did not create a valid marriage, even though they later obtained a license a year after the ceremony. The court ruled that Florida's statutor
• Lucilia Lopes v. Luciano Lopes
  852 So. 2d 402· Fla. 5th DCA· 2003-08-22 ·cited 6×
  A Florida appellate court affirmed the annulment of a marriage on the ground that appellant's prior Dominican Republic divorce was void for lack of jurisdiction, rendering the subsequent Connecticut marriage bigamous and void under Florida law. The court rejected appellant's argu
• In re Est. of Myrtle R. LEE v. LEE
  360 So. 2d 1111· Fla. 3d DCA· 1978-07-05 ·cited 6×
  Florida appellate court affirmed dismissal of petition to remove estate administrator, holding that the challenger failed to rebut the strong presumption of validity of the administrator's marriage to the deceased.
• United States v. Sallie Joe Torbert Marlow
  235 F.2d 366· 5th Cir.· 1956-06-28 ·cited 6×
  The court held that Sallie was the lawful widow and beneficiary, entitled to the full insurance proceeds, and that the lower court erred in splitting the proceeds with Mary.
• Hatfield v. United States
  127 F.2d 575· 2d Cir.· 1942-04-30 ·cited 6×
  The court held that the plaintiff failed to overcome the presumption of the validity of the insured's second marriage, and thus the proceeds were payable to the named beneficiary, not the estate.
• Sikes v. Guest
  170 So. 2d 322· Fla. 2d DCA· 1964-12-16 ·cited 4×
  Summary judgment for defendant was improper because the plaintiff presented sufficient evidence of a genuine issue of material fact regarding whether she possessed the legal capacity to marry the decedent and whether a valid common-law marriage with him existed.
• Walker v. United States
  180 F.2d 217· 7th Cir.· 1950-02-23 ·cited 4×
  The court held that the proviso to 38 U.S.C.A. § 802(g) did not apply to policies maturing before August 1, 1946, and that the incontestability clause did not determine the proper beneficiary. The trial court's finding that the plaintiff's marriage to the assured was void due to
• Slowinski v. Sweeney
  117 So. 3d 73· Fla. 1st DCA· 2013-06-27 ·cited 3×
  A biological father who violated a Florida custody order sought to intervene in ongoing temporary custody proceedings and transfer jurisdiction to Pennsylvania. The First District Court of Appeal reversed, holding that a party who deliberately defies court orders cannot be permit
• Ollie v. Dennis
  585 F.2d 151· 6th Cir.· 1978-09-15 ·cited 2×
  The Railroad Retirement Board should have accepted the Ohio Probate Court's determination that the petitioner was the legal widow, as the state court's decision was consistent with Ohio law and met the criteria for deference.
• Wheeler v. Terrell
  238 F.2d 29· D.C. Cir.· 1956-10-18 ·cited 2×
  The court held that the appellant failed to present sufficient evidence to overcome the presumption of validity of the later marriage, thus affirming the trial court's determination.
• Page v. United States
  193 F.2d 936· 4th Cir.· 1952-01-28 ·cited 2×
  The court held that the evidence presented was sufficient to justify submitting the issue of the validity of the second marriage to the jury.
• Harsley v. United States
  187 F.2d 213· D.C. Cir.· 1951-01-18 ·cited 2×
  The court held that the appellant's testimony was insufficient to prove she was the "widow" entitled to the insurance proceeds, as a prior marriage is presumed valid until proven otherwise.
• Saad Albassam v. Afnaan Faize Yousef Klob
  238 So. 3d 311· Fla. 4th DCA· 2018-03-07 ·cited 1×
  A former husband cannot collaterally attack the validity of his former wife's foreign divorce decree entered seventeen years earlier when he relied on it to marry and subsequently dissolve his marriage, as equitable principles preclude such attack under the circumstances.
• Baxter v. Baxter
  Fla. 1st DCA· 2024-12-04
  A spouse is equitably estopped from challenging the validity of a marriage as bigamous and void when the spouse has accepted the benefits of the marriage for over 25 years through cohabitation, joint tax filings, property ownership, and public representation as a married couple,
• Everett v. Dreis & Krump Mfg. Co.
  589 F. Supp. 817· M.D. Fla.· 1988-06-07
• John Hancock Mut. Life Ins. Co. v. Gertrude Taylor Willis
  438 F.2d 1207· 6th Cir.· 1971-02-15
  The court held that summary judgment was erroneously granted because a genuine issue of material fact existed regarding the validity of the insured's second marriage and thus the identity of his lawful widow.
• Albany Ellenwood v. Lavinia Ellenwood
  157 Fla. 640· Fla.· 1946-06-25
  The Florida Supreme Court affirmed a lower court's decision removing Albany Ellenwood as administratrix of her deceased husband's estate. The court found sufficient evidence to overcome the presumption of validity of her marriage to the deceased, establishing that he was still la