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KONST v. FLORIDA EAST COAST RY. CO.

No. 94-4440.

71 F.3d 850 (1996)

Harry N. KONST, Kalianthe Konst, his wife, Plaintiffs-Appellants, v. FLORIDA EAST COAST RAILWAY COMPANY, a/k/a Florida Express Carrier, Inc., a/k/a F.E.C. Railway Company, a/k/a F.E.C. Highway Dispatch Company, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

January 4, 1996.

Attorney(s) appearing for the Case

Richard B. Austin, Miami, FL, for appellants.

Lawrence Roberts, Hinshaw and Culbertson, Miami, FL, for appellee.

Before TJOFLAT, Chief Judge, ANDERSON, Circuit Judge, and FAY, Senior Circuit Judge.

ANDERSON, Circuit Judge:

The common law has long recognized a rebuttable presumption that an item properly mailed was received by the addressee. Nunley v. City of Los Angeles, 52 F.3d 792, 796 (9th Cir.1995). The "presumption of receipt" arises upon proof that the item was properly addressed, had sufficient postage, and was deposited in the mail. The presumption is, of course, rebuttable.1 The single...

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