Opinion
No. 63-129.
February 11, 1964. Rehearing Denied March 5, 1964.
Appeal from Circuit Court for Dade County; Robert L. Floyd, Judge.
Victor H. Eskenas and G.C. Conner, Miami, for appellant.
Stafford Carter, Dixon, DeJarnette, Bradford, Williams, McKay and Kimbrell, Melvyn Greenspahn, Miami, for appellees.
Before BARKDULL, C.J., and HORTON and TILLMAN PEARSON, JJ.
Affirmed. See Beatty v. Strickland, 136 Fla. 330, 186 So. 542; and Benner v. Pedersen, Fla.App. 1962, 143 So.2d 722.
I must respectfully dissent from the decision on this appeal. In this case, the trial judge has raised the presumption referred to in the above-cited cases to the status of an irrebuttable presumption of fact. I would recognize the presumption but hold that it was rebutted upon authority of In Re Joiner's Estate, Fla. 1963, 156 So.2d 161, 162.