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PARKS v. TRAVELERS INSURANCE COMPANY

No. 63-129.

160 So.2d 724 (1964)

Mamie Lee PARKS a/k/a Mamie L. Williams, Appellant, v. The TRAVELERS INSURANCE COMPANY, a Connecticut corporation, Clarence E. Williams, Florentina Williams and Richard C. Carter, Jr., Administrator of the Estate of William L. Williams, deceased, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 5, 1964.

Attorney(s) appearing for the Case

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.

PER CURIAM.

Affirmed. See Beatty v. Strickland, 136 Fla. 330, 186 So. 542; and Benner v. Pedersen, Fla.App. 1962, 143 So.2d 722.

TILLMAN PEARSON, Judge (dissenting).

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...

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