Burden Of Persuasion

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

• City OF Orlando v. Ford
  220 So. 2d 661· Fla. 4th DCA· 1969-03-27 ·cited 2×
  The City of Orlando appealed a circuit court's reversal of a DWI conviction, arguing that the trial court erred in finding insufficient evidence of impairment without prior knowledge of the defendant's normal faculties. The appellate court held that defendants are presumed to hav
• Adolphus M. Sanderlin v. Martin
  373 F.2d 447· 4th Cir.· 1967-02-06 ·cited 2×
  The court held that the jury charge, considered as a whole, was not prejudicial to the plaintiff, despite the inclusion of a presumption of due care instruction.
• Davis v. United States
  345 F.2d 441· D.C. Cir.· 1965-05-15 ·cited 2×
  The court held that the trial court erred in denying bail pending appeal because the government failed to meet its burden of proving that the defendant posed a danger to the community or was likely to resume criminal activity.
• Calcot, Ltd. v. Isbrandtsen Co., Inc.
  318 F.2d 669· 1st Cir.· 1963-06-18 ·cited 2×
  The court held that the carrier's liability ended upon proper delivery of the cotton to the consignee at the wharf, as determined by general maritime law, and the plaintiffs failed to prove negligence by the defendants.
• Currie v. United States
  312 F.2d 1· 4th Cir.· 1963-01-04 ·cited 2×
  The court held that the United States, as owner of the vehicle, could be held liable for injuries arising from brake failure, even if the driver was not negligent, due to the vehicle's history of brake problems and the failure to prove the defect was undiscoverable.
• Mut. Life Ins. Co. of N.Y. v. Blodgett
  126 F.2d 273· 4th Cir.· 1942-02-24 ·cited 2×
  The court held that the trial court erred by limiting the jury's consideration solely to whether the insured was seen alive within the seven-year period, rather than allowing the jury to weigh all evidence, including the inference of death from prolonged absence.
• Mitchell v. New England Mut. Life Ins. Co.
  123 F.2d 246· 4th Cir.· 1941-11-10 ·cited 2×
  The court held that the evidence of the insured's suicide was so conclusive that any error in refusing jury instructions regarding the presumption against suicide was harmless, as the defendant was entitled to a directed verdict.
• Chewy Inc v. Covetrus, Inc.
  384 So. 3d 265· Fla. 4th DCA· 2024-04-03 ·cited 1×
  The CEO's affidavit sufficiently explained his lack of unique, personal knowledge of the issues being litigated when he stated he lacked knowledge superior to other employees and that corporate documents likely contained the information about the company's strategic position on V
• Lafayette v. Genovese
  316 So. 3d 708· Fla. 4th DCA· 2021-04-14 ·cited 1×
  The trial court properly granted a new trial based on its erroneous denial of a peremptory challenge, as it failed to apply the three-step Melbourne test correctly by placing undue weight on the juror's status as a minority and failing to hold appellants to their burden of provin
• Berouty v. State
  290 So. 3d 82· Fla. 2d DCA· 2019-11-13 ·cited 1×
  Although a prosecutor's closing argument comments denigrating the defense and employing inflammatory metaphors are improper, they do not constitute fundamental error requiring reversal when the overall trial was otherwise capably conducted and the comments were relatively brief i
• In re Standard Jury Instructions in Crim. Cases - Report 2018-01 (Corrected Opinion
  253 So. 3d 1024· Fla.· 2018-09-27 ·cited 1×
  The Court authorized the amended standard jury instructions as proposed by the Committee, with modifications to instruction 10.13 based on public comment. The instructions clarify statutory elements, provide updated definitions of key terms such as "possession," and address affir
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2017-10.
  253 So. 3d 1040· Fla.· 2018-09-27 ·cited 1×
  The Florida Supreme Court authorized amendments to standard criminal jury instructions relating to weapons and firearm offenses, including modifications to instructions on concealed weapons, improper exhibition of weapons, and trespass on school property, and a new instruction on
• Travelers Home & Marine Ins. Co. v. Gallo
  246 So. 3d 560· Fla. 5th DCA· 2018-06-01 ·cited 1×
  Travelers Home and Marine Insurance Company appealed a jury verdict in favor of an insured on an uninsured/underinsured motorist claim, challenging the trial court's rejection of a peremptory challenge used to strike an African-American female juror. The court held that the trial
• McClurg v. Santa Rosa Golf & Beach Club, Inc.
  46 F. Supp. 2d 1244· N.D. Fla.· 1999-03-15 ·cited 1×
  The court held that the 'same decision' test is an affirmative defense, and the issue of whether a plaintiff's protected status was a motivating factor is for the jury to decide. Direct evidence will not be treated differently from other evidence at trial.
• United States v. Allen
  891 F. Supp. 594· S.D. Fla.· 1995-06-16 ·cited 1×
  The court held that both defendants should be detained pending trial, vacating the magistrate judge's order for one and affirming the order for the other.
• Smith v. Beeson (In Re Smith)
  128 B.R. 488· S.D. Fla.· 1991-06-19 ·cited 1×
  The court held that the bankruptcy court correctly applied collateral estoppel to find a debt non-dischargeable, as the elements of the prior common law fraud judgment were identical to those required for non-dischargeability under § 523(a)(2)(A) and the parties intended the cons
• Lakatis v. Citrus Cnty. Sheriff's Office/Florida Sheriff's Risk Mgmt. Fund (FSRMF)
  Fla. 1st DCA· 2026-02-18
  A law enforcement officer with 15 years of service suffered a heart attack and sought workers' compensation under Florida's Heart-Lung statute, which presumes work-relatedness unless the employer rebuts it with competent evidence. The court reversed the denial of benefits, holdin
• Fraga v. Guardian Life Ins. Co. of Am.
  S.D. Fla.· 2026-01-09
  The court denied the plaintiff's motion for a preliminary injunction because she failed to establish a substantial likelihood of success on the merits.
• Clements v. Lee Cnty.
  M.D. Fla.· 2025-11-26
  A party seeking injunctive relief must establish four specific prerequisites, and failure to plead any one is fatal to the request.
• Blackwood v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-08-15
  The court recommended reversing and remanding the Commissioner's decision because the ALJ failed to adequately resolve apparent conflicts between vocational expert testimony and the Dictionary of Occupational Titles, and did not make sufficient factual findings regarding job numb
• Stolte v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-03-27
  The court affirmed the Commissioner's final decision, finding the ALJ provided sufficient reasons supported by substantial evidence for discounting the treating physician's opinion.
• Wanska v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-03-18
  The court held that the ALJ's decision denying supplemental security income was supported by substantial evidence, and the ALJ properly considered the plaintiff's alleged impairments.
• Carpenter v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-02-04
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence and that the ALJ did not reversibly err in evaluating medical opinions.
• Pringle v. Seminole Cnty. Pub. Schs.
  M.D. Fla.· 2024-09-23
  The court denied the plaintiff's emergency motion for a temporary injunction because it failed to comply with procedural rules and substantive requirements.
• Dovico v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-08-28
  The court affirmed the Commissioner's final decision, finding it supported by substantial evidence.
• Tiffany (NJ) LLC v. The Individuals
  S.D. Fla.· 2024-08-07
  The court recommended granting the plaintiff's motion for a preliminary injunction, finding a substantial likelihood of success on the merits, irreparable harm, a favorable balance of harms, and that the injunction serves the public interest.
• Klarner v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-03-27
  The court affirmed the Commissioner's decision, finding the ALJ properly evaluated the evidence and applied the correct legal standards in denying disability benefits.
• Maldonado v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-03-13
  The court affirmed the Commissioner's final decision, finding the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence.
• Cerrato v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-01-29
  The Commissioner's decision denying disability benefits is affirmed because the ALJ's findings are supported by substantial evidence and the correct legal standards were applied.
• Sierra v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-01-25
  The court affirmed the Commissioner's final decision denying supplemental security income, finding the Administrative Law Judge's decision was supported by substantial evidence.
• Scheib v. Commissioner
  M.D. Fla.· 2023-09-29
  The court affirmed the Commissioner's decision, finding substantial evidence supported the ALJ's determination that the claimant was not disabled.
• Murray-Lee v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-09-15
  The court held that the ALJ's rejection of evidence regarding the plaintiff's need for a sit-stand option was not adequately supported, requiring reversal and remand.
• Petersen v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-09-15
  The court held that the Administrative Law Judge (ALJ) properly considered the medical opinion evidence and vocational expert testimony, and that substantial evidence supported the ALJ's decision denying disability benefits.
• Rosado v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-03-30
  The court held that the Administrative Law Judge (ALJ) did not err in evaluating the medical opinions of Plaintiff's treating physicians and that the Commissioner's final decision denying disability benefits was supported by substantial evidence.
• Simpkins v. Sec'y, Dep't of Corr. (Marion County)
  M.D. Fla.· 2023-03-28
  The court held that the petitioner failed to meet the heightened burden for a mandatory injunction and did not comply with procedural rules.
• Pelleitier v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-03-16
  The court affirmed the Commissioner's final decision, finding the ALJ provided adequate reasons supported by substantial evidence for discounting the opinions of Dr. Schutzer.
• Perez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-03-08
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence and applied the correct legal standards, thus affirming the Commissioner's decision.
• United States v. Idris Shamsid-Deen
  11th Cir.· 2023-03-06
  A defendant was charged with federal firearms possession following a prior state conviction for domestic violence battery that resulted from a bench trial where he waived his jury right. The Eleventh Circuit held that a defendant bears both the burden of production and persuasion
• Smith II v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-11-18
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence and applied the correct legal standards.
• Hernandez v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2022-11-01
  The court held that the inmate's filing was insufficient for injunctive relief and did not properly initiate a civil rights action.
• Williams v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-20
  The court affirmed the Commissioner's decision, finding that even if the ALJ erred in determining the claimant's residual functional capacity for work with a GED reasoning level of three, the error was harmless because the claimant could perform jobs with lower reasoning levels,
• Gresham v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-06
  Elisha Gresham sought judicial review of the Social Security Administration's denial of her claim for disability insurance benefits, challenging both the constitutional validity of the Commissioner's statutory tenure protections and the ALJ's evaluation of medical opinion evidenc
• Ward v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-08-23
  The court affirmed the Commissioner's final decision, finding the ALJ did not err in developing the record and that remand under sentence six was not warranted.
• Dye v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-31
  The court held that the ALJ properly evaluated the treating physician's letter, which did not contain 'medical opinions' under the current regulatory regime, and that substantial evidence supported the ALJ's decision to deny benefits.
• Dale v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-29
  The court affirmed the Commissioner's decision, finding the ALJ adequately considered the evidence and applied proper legal standards in denying disability benefits.
• Rodriguez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-01-04
  The court held that the Administrative Law Judge (ALJ) erred by failing to consider all relevant evidence, including pre- and post-dating medical records and diagnostic imaging, when determining the claimant's disability status.
• Jones v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-24
  The court held that the ALJ properly considered the evidence under the current regulations, and substantial evidence supports the ALJ's decision regarding the disability onset date.
• Beauchamp v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-24
  The court held that substantial evidence supported the ALJ's decision to find the claimant not disabled, affirming the Commissioner's denial of benefits.
• Gwara v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-20
  The court held that the Administrative Law Judge's (ALJ) decision denying disability benefits was supported by substantial evidence, and therefore, the Commissioner's final decision is affirmed.
• Elliott v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-03-31
  The court held that the ALJ's decision denying disability benefits was supported by substantial evidence and proper legal standards, affirming the Commissioner's decision.