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· 2/25/2002

Charles Barnett v. Okeechobee Hospital

Citations

  • 283 F.3d 1232
  • 2002 U.S. App. LEXIS 2870
  • 2002 WL 261950

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • observing that notice of the plaintiff's tort claim against the United States \was mailed-in compliance with the pertinent federal regulations-to an administrative office ... and not to a person \
  • explaining that the presumption of receipt is “not a conclusive presumption of law, but a mere inference of fact, founded on the probability that the officers of the government will do their duty and the usual course of business” (citation omitted)
  • analyzing receipt in the context of mailing a document that was properly addressed, stamped, and mailed, which creates a rebuttal presumption of receipt
  • stating factual findings concerning subject matter jurisdiction made by the district court are overturned only if clearly erroneous
  • explaining that an office employee’s mere assertion that the office never received a completed form in the mail is insufficient to rebut the presumption of receipt without, for example, the employee setting forth their personal knowledge of office procedures for processing received mail
  • allowing FTCA plaintiffs to raise a rebuttable presumption of receipt upon showing that “(1) the document was properly addressed; (2) the document was stamped; and (3) the document was mailed”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tjoflat, Wilson, Restani

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.