Burden Of Proof By Preponderance Of The Evidence

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

• Hortensia De Allende v. Baker
  891 F.2d 7· 1st Cir.· 1989-12-05 ·cited 6×
  The court held that the government's position in denying the visa was substantially justified, and therefore the district court abused its discretion in awarding attorney's fees under the Equal Access to Justice Act.
• Davis v. Junuthula N. Reddy
  620 F.2d 885· C.C.P.A.· 1980-05-15 ·cited 6×
  The court held that the junior party failed to prove conception of the invention by a preponderance of the evidence, thus precluding a finding of derivation.
• Cruz-Casado v. The United States
  553 F.2d 672· Ct. Cl.· 1977-04-20 ·cited 6×
  The court held that the Army's failure to obtain a psychiatric opinion regarding the plaintiff's alleged homosexuality, as required by its own regulations, substantially and prejudicially abridged his procedural rights, rendering his discharge invalid.
• Cody v. Aktiebolaget Flymo
  452 F.2d 1274· D.C. Cir.· 1971-09-09 ·cited 6×
  The court held that summary judgment was improperly granted because genuine issues of material fact remained regarding the reduction to practice of the invention.
• Phillips v. Dutton
  378 F.2d 898· 5th Cir.· 1967-06-15 ·cited 6×
  The court held that the appellant's sentence was tolled by his escape, and he has not yet served his full sentence.
• Saporito v. Bone
  195 So. 2d 244· Fla. 2d DCA· 1967-02-15 ·cited 6×
  The Saporitos, as plaintiffs, obtained a jury verdict for negligence injuries but appealed after the trial court denied their motion for a new trial based solely on damages. The appellate court affirmed, rejecting claims that jury instructions on damages certainty were erroneous.
• Reynoldo Martin-Godinez v. State
  225 So. 3d 926· Fla. 1st DCA· 2017-08-15 ·cited 5×
  The court held that the trial court did not err in denying the motion to suppress statements made by the appellant, as the totality of the circumstances supported a knowing and voluntary waiver of his Miranda rights.
• Early v. State
  223 So. 3d 1023· Fla. 1st DCA· 2017-03-03 ·cited 5×
  Stephen Early was convicted of second-degree murder with a knife in the death of Quinton Epps. Early claimed Stand Your Ground immunity and self-defense, but the appellate court affirmed the conviction, finding that Early's multiple inconsistent statements to police and lack of v
• Davis v. O.L. McCOTTER
  766 F.2d 203· 5th Cir.· 1985-07-22 ·cited 5×
  The Texas rule requiring a defendant to prove duress by a preponderance of the evidence does not violate the due process clause of the Fourteenth Amendment.
• Prinz v. State
  149 So. 3d 65· Fla. 4th DCA· 2014-08-20 ·cited 4×
  Christina Prinz appeals a restitution order totaling $149,183 following her guilty plea to grand theft. The court affirms the $144,183 theft amount supported by forensic accounting evidence but reverses the $5,000 in bookkeeping and accounting expenses because they lacked support
• Dreyer v. State
  46 So. 3d 613· Fla. 2d DCA· 2010-09-22 ·cited 4×
  William Dreyer was convicted of exploiting the elderly and ordered to pay $31,570 in restitution. The court affirmed his conviction and sentence but reversed the restitution order because the amount was supported solely by inadmissible hearsay evidence.
• E.J. v. State
  40 So. 3d 922· Fla. 4th DCA· 2010-08-04 ·cited 4×
  The court held that a juvenile's actions mimicking a driver's compliance with a search, without more, do not constitute voluntary consent, especially given the juvenile's age and inexperience.
• Dillow v. State
  884 So. 2d 508· Fla. 2d DCA· 2004-10-13 ·cited 4×
  Robert Dillow appeals the denial of his motion to suppress a confession to burglaries, arguing it was involuntary due to alleged threats by a detective. The court reverses because the trial judge failed to make the required factual findings about witness credibility and voluntari
• In re Pasek v. Pasek
  983 F.2d 1524· 10th Cir.· 1993-01-20 ·cited 4×
  A debt is not dischargeable under 11 U.S.C. § 523(a)(6) only if the debtor acted with intent to cause injury, not merely with intent to perform the act that caused injury.
• United States v. Reyes
  979 F.2d 1406· 10th Cir.· 1992-11-17 ·cited 4×
  The court held that the district court's finding that the defendant negotiated for the sale of an additional pound of cocaine was clearly erroneous, as the evidence did not support an agreement or negotiation.
• United States v. Carter
  971 F.2d 597· 10th Cir.· 1992-07-31 ·cited 4×
  The court held that the defendant failed to meet her burden of proving by a preponderance of the evidence that she was a minimal or minor participant in the criminal activity, and thus the district court's finding was not clearly erroneous.
• United States v. Chang Ho KIM
  963 F.2d 65· 5th Cir.· 1992-06-03 ·cited 4×
  The court held that the 'retail value of the infringing items' under U.S.S.G. § 2B5.4 refers to the value of the counterfeit goods, not the genuine ones, but affirmed the sentence because the defendant failed to present sufficient evidence of the counterfeit items' retail value.
• Bianco v. State
  594 So. 2d 861· Fla. 4th DCA· 1992-03-04 ·cited 4×
  Myra Bianco appealed her sentence following guilty pleas to multiple counts of grand theft involving fraud and misappropriation of funds in home construction contracts. The court reversed and remanded for modification of restitution amounts owed to two victims, finding the trial
• United States v. Luckey Richardson, Jr.
  943 F.2d 547· 5th Cir.· 1991-09-20 ·cited 4×
  The court held that the good faith exception to the exclusionary rule applies even when a warrant is technically invalid due to a magistrate's failure to administer a proper oath, as long as the officers acted with an objectively reasonable belief in the warrant's validity.
• United States v. Contreras
  755 F.2d 733· 9th Cir.· 1985-03-15 ·cited 4×
  The court held that the government met its burden of proving that its evidence was derived from sources wholly independent of the appellants' state immunized testimony, and that the appellants knowingly and intelligently waived their Fifth Amendment rights.
• Brumley-Donaldson Co. v. Commissioner OF Internal Revenue
  443 F.2d 501· 9th Cir.· 1971-05-12 ·cited 4×
  The court held that the Tax Court's finding that the principal purpose for acquiring St. Louis was tax avoidance was not clearly erroneous, and thus the net operating loss carryover was disallowed under Section 269.
• Isaiah JOE Bean v. State
  388 So. 3d 300· Fla. 6th DCA· 2024-04-05 ·cited 3×
  Isaiah Joe Bean appeals the revocation of his probation based on multiple alleged violations. The appellate court reverses and remands, finding that the trial court improperly relied on violations not charged in the state's affidavits and on violations unsupported by competent, s
• Barone v. State
  222 So. 3d 1235· Fla. 5th DCA· 2017-07-21 ·cited 3×
  Stephen Vincent Barone appealed his convictions for organized fraud, identity theft, grand theft, and money laundering. The appellate court affirmed all convictions and sentences but reversed the restitution order because it was entered without a hearing, requiring remand for pro
• In the Interest of R.K. v. Dep't of Child. & Fam. Servs. & Guardian ad Litem Program
  38 So. 3d 859· Fla. 2d DCA· 2010-06-23 ·cited 3×
  In this dependency case, the Florida Second District Court of Appeal reversed the trial court's adjudication of three minor children as dependent upon their father, finding that the trial court improperly relied almost entirely on inadmissible hearsay evidence from the mother and
• In the Interest of R.H. and G.K.
  516 So. 2d 324· Fla. 2d DCA· 1987-12-09 ·cited 3×
  The court held that the evidence presented was insufficient to support a finding of neglect under the statute, thus reversing the order of dependency.
• Price v. Voyle C. Johnson and Mary Howland
  222 So. 2d 212· Fla. 3d DCA· 1969-04-29 ·cited 3×
  The court held that the trial court's determination of stock ownership claims for Voyle C. Johnson and Mary Howland was supported by competent substantial evidence and admissions.
• Nadell v. Apachula B. Hursey
  363 So. 3d 1135· Fla. 3d DCA· 2023-06-21 ·cited 2×
  This case involves a defendant seeking a writ of prohibition to overturn a trial court's denial of Stand Your Ground (SYG) immunity in a civil battery case. The appellate court, while questioning the availability of prohibition as a remedy in such civil cases, ultimately denied t
• E.J.A. v. State
  301 So. 3d 290· Fla. 4th DCA· 2020-08-12 ·cited 2×
  A juvenile defendant pleaded guilty to burglaring a vehicle and the trial court imposed restitution for towing and re-keying costs incurred by the victim. The state conceded error, and the appellate court agreed that the trial court erred in imposing restitution because the state
• Richardson v. State
  198 So. 3d 1075· Fla. 5th DCA· 2016-08-19 ·cited 2×
  Richardson pleaded guilty to multiple charges under a plea agreement that specified a one-year county jail sentence followed by two years of probation, with the condition that he appear for sentencing. After failing to appear at sentencing, the trial court imposed an enhanced pri
• T.P. v. State
  117 So. 3d 864· Fla. 4th DCA· 2013-07-17 ·cited 2×
  The court held that the trial court erred in misconstruing Florida's "Stand Your Ground" law, § 776.032, Fla. Stat., by limiting its application to only homes or vehicles, and reversed the conviction.
• Dagerath v. State
  100 So. 3d 1260· Fla. 4th DCA· 2012-11-21 ·cited 2×
  Defendant Dagerath appeals a restitution order following conviction of trespass of a structure and trespass of a conveyance as lesser-included offenses. The court held that while the broken truck window was causally connected to the trespass, the dashboard damage and missing GPS
• Cruz v. State
  54 So. 3d 1067· Fla. 4th DCA· 2011-02-23 ·cited 2×
  The Fourth District Court of Appeal granted Julio Cruz's petition for writ of prohibition to prevent trial proceedings until the proper procedure for determining statutory immunity under Florida's "Stand Your Ground" law was established. The court ultimately directed that the tri
• M.B. v. Agency for Persons with Disabilities
  13 So. 3d 509· Fla. 3d DCA· 2009-06-17 ·cited 2×
  M.B., a woman with severe cerebral palsy and quadriplegia, appealed an administrative order reducing her Medicaid Waiver Program services. The court affirmed the switch to a daily live-in rate for personal care but reversed and remanded on three issues: requiring six instead of t
• Landi v. United States
  316 B.R. 363· M.D. Fla.· 2004-09-09 ·cited 2×
  The court held that the debtors' federal income tax liabilities were not dischargeable because they willfully attempted to evade or defeat such taxes, as supported by their actions and financial conduct.
• Donald Lee Rife, M.D. v. Dep't of Prof'l Reg.
  638 So. 2d 542· Fla. 2d DCA· 1994-05-13 ·cited 2×
  Dr. Rife appeals the Florida Board of Medicine's revocation of his medical license based on Vermont's prior revocation of his license for sexual misconduct with patients. The court holds that Florida may revoke a physician's license based on an out-of-state revocation even when t
• In re Food Catering & Hous., Inc. v. Chemcarb, Inc.
  971 F.2d 396· 9th Cir.· 1992-07-31 ·cited 2×
  The court held that a payment made by a third party assuming the debtor's antecedent debt is a voidable preference, and that late, large payments did not qualify for the ordinary course of business exception.
• United States v. Augustin Reyes Gavilan
  966 F.2d 530· 9th Cir.· 1992-06-11 ·cited 2×
  The court held that the defendant was not entitled to a downward adjustment under U.S.S.G. § 2K2.1(b)(1) because he did not possess the firearm solely for lawful sporting purposes or collection, as it was also possessed to protect his marijuana crop.
• United States v. Miller
  943 F.2d 858· 8th Cir.· 1991-09-03 ·cited 2×
  The court held that the district court did not err in applying an obstruction of justice enhancement based on the defendant's actions, as the findings were not clearly erroneous.
• Therman Nelson v. State
  567 So. 2d 548· Fla. 5th DCA· 1990-10-04 ·cited 2×
  Therman Nelson appeals his departure sentence of 40 years for robbery and burglary (exceeding the 12-year guideline maximum) after conviction for crimes against elderly victims. The appellate court affirmed the departure sentence, holding that the vulnerability of the aged victim
• Midwest Plastic Fabricators, Inc. v. Underwriters Labs. Inc.
  906 F.2d 1568· Fed. Cir.· 1990-06-27 ·cited 2×
  The Federal Circuit affirmed the TTAB's denial of cancellation, holding that UL did not misuse its certification marks and adequately controlled their use, as required by statute.
• Dennis v. Dep't OF Health & Human Servs.
  804 F.2d 670· Fed. Cir.· 1986-11-04 ·cited 2×
  The court held that the arbitrator's decision sustaining the agency's removal of the employee was not supported by substantial evidence because the remaining evidence did not rebut the employee's explanation for the errors.
• United States v. Lambert
  589 F. Supp. 366· M.D. Fla.· 1984-06-11 ·cited 2×
  The court held that the defendant's filling operations in wetlands adjacent to navigable waters violated the Clean Water Act, but ordered restoration only for the western wetland, deeming it not unduly burdensome and environmentally beneficial.
• Barker v. State
  353 So. 3d 63· Fla. 4th DCA· 2022-11-23 ·cited 1×
  The appellate court affirmed a restitution order but reversed the assessment of a surcharge, finding the surcharge was improperly applied when no fines were imposed. The case clarifies the requirements for imposing surcharges related to criminal convictions.
• Wilson v. State
  327 So. 3d 961· Fla. 1st DCA· 2021-10-06 ·cited 1×
  The appellate court reversed a restitution order, finding that it resulted in an impermissible double recovery for the victim. The court held that the victim's civil settlement should have been set off against the restitution amount to prevent the defendant from paying twice for
• S.H. v. Dep't of Child. & Families
  949 So. 2d 356· Fla. 4th DCA· 2007-02-28 ·cited 1×
  Father appealed a dependency adjudication based on allegations of neglect stemming from his financial inability to provide stable housing and employment. The court reversed, holding that poverty-based neglect findings are prohibited under Florida law unless the Department of Chil
• United States v. Fleck (In Re Fleck)
  242 B.R. 188· M.D. Fla.· 1999-08-30 ·cited 1×
  The court held that the bankruptcy court's grant of summary judgment for the debtor was appropriate, as the record lacked sufficient evidence to establish the debtor's fraudulent intent regarding tax liabilities.
• United States v. Bachner
  877 F. Supp. 625· S.D. Fla.· 1995-01-20 ·cited 1×
  The court held that a hearing to adjudicate a third party's interest in forfeited property under 21 U.S.C. § 853(n) is a civil action for purposes of the Equal Access to Justice Act (EAJA).
• Hill v. Dixon
  Fla. 1st DCA· 2025-02-12
  The First District Court of Appeal of Florida dismissed a petition for a writ of certiorari because the petitioner was released from prison, rendering the case moot. The court cited a prior case with similar reasoning for its decision.
• Kiki De Jager v. Gerhard Austen De Jager
  Fla. 3d DCA· 2025-01-29
  Wife appeals a final judgment of injunction for protection against domestic violence entered by the trial court in favor of Husband. The appellate court affirmed the injunction, finding it was supported by competent, substantial evidence and that the trial court properly exercise
• Ramsey Zimmerman v. State
  Fla. 5th DCA· 2024-01-12
  The appellate court affirmed the Florida Gaming Control Commission's denial of a Pari-mutuel Wagering Professional Individual Occupational License to Ramsey Zimmerman. Zimmerman's prior felony convictions for grand theft were disqualifying offenses, and the court found insufficie