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

• Bennett v. State
  Fla. 2d DCA· 2023-10-27
  The appellate court affirmed a trial court's restitution order, disagreeing with the State's concession of error. The court found that while a written repair estimate was improperly admitted over a hearsay objection, the victim's testimony about the estimate, which was not object
• Murphy v. State
  Fla. 2d DCA· 2023-07-26
  When a juvenile offender presents unrebutted expert testimony establishing rehabilitation and fitness to reenter society under section 921.1402, the trial court must modify the sentence and impose probation; the court cannot reject such testimony based on its own experience or al
• Love v. State
  Fla. 4th DCA· 2022-02-02
  The court affirmed the trial court's denial of defendants' motion for summary judgment on their counterclaim to retain the down payment, but reversed the grant of summary judgment to plaintiffs on their complaint to recover it, finding triable issues of fact exist regarding wheth
• State v. Saunders
  46 Fla. L. Weekly D995· Fla. 2d DCA· 2021-07-07
  The State appealed sentences of time served for felony petit theft convictions, arguing they were downward departures without a valid basis. The appellate court agreed, finding no legal justification or factual support for the sentences imposed over the State's objection.
• A. W. v. Agency for Persons with Disabilities
  Fla. 1st DCA· 2019-12-19
  The appellate court affirmed the agency's denial of A.W.'s application for a Medicaid Waiver program. The court found that A.W. failed to demonstrate her autism diagnosis met the severity requirements outlined in the Florida Administrative Code, and that the agency's expert testi
• Tamiami Condo. Warehouse Plaza Ass'n, Inc. v. Markel Ins. Co.
  S.D. Fla.· 2019-10-02
  A claim for declaratory relief is properly dismissed if it is duplicative of a breach of contract claim and the plaintiff can obtain full relief through the breach of contract claim.
• Toiran v. State
  256 So. 3d 948· Fla. 3d DCA· 2018-09-26
  Rene Toiran sought a writ of prohibition to prevent prosecution for second degree murder based on Florida's Stand Your Ground Law. The Florida Legislature amended the immunity statute between Toiran's motion and hearing, shifting the burden of proof to the prosecution. The court
• State v. Hollinger
  Fla. 5th DCA· 2018-06-11
  A downward departure sentence based on unsophistication and isolation is not supported by substantial, competent evidence where the defendant repeatedly and deliberately obtained fraudulent check signatures over several months and made some effort to conceal her actions. Multiple
• The Honorable Jeffrey H. Atwater Chief Fin. Officer & State of Fla. Dep't of Fin. Servs. v. Fed. Nat'l Mortg. Ass'n
  96 So. 3d 1009· Fla. 3d DCA· 2012-08-15
  The Florida Chief Financial Officer sought a writ of prohibition to prevent a circuit court from enforcing orders requiring disbursement of unclaimed property funds held by the Department of Financial Services. The court granted the petition, holding that the circuit court lacked
• Laplante v. Terraces of Lake Worth Rehab. & Health Ctr., LLC
  725 F. Supp. 2d 1358· S.D. Fla.· 2010-04-13
  The court held that the plaintiff failed to prove she worked overtime hours for which she was not compensated, and failed to prove the employer knew or should have known of any such overtime work.
• Williams v. Compton
  9th Cir. Ct. App. Div.· 2010-04-04
  Roosevelt Williams appealed the trial court's restitution order following his no-contest plea to contracting without a license. The appellate court reversed, holding that restitution should be calculated using construction contract law principles rather than a full refund of amou
• Internal Revenue Serv. v. Donahue (In Re Donahue)
  406 B.R. 407· M.D. Fla.· 2009-03-25
  The district court affirmed the bankruptcy court's decision, holding that the IRS failed to meet its burden of proof to establish the nondischargeability of the debtors' 2004 tax liability.
• Jennings v. State
  978 So. 2d 223· Fla. 2d DCA· 2008-04-02
  Shane Jennings was convicted of felony battery and sentenced as a prison releasee reoffender (PRR) to five years' imprisonment. The appellate court affirmed his conviction but reversed the PRR sentence, holding that the State failed to present sufficient evidence at sentencing to
• Brown v. State
  789 So. 2d 366· Fla. 2d DCA· 2001-03-16
  Horace Brown appealed his sentencing as a prison releasee reoffender and habitual felony offender after pleading guilty to multiple charges including drug crimes and battery on a law enforcement officer. The court affirmed most of the sentencing but remanded to strike the habitua
• H.S. v. State
  778 So. 2d 1074· Fla. 5th DCA· 2001-03-02
  H.S., a juvenile, appeals a dispositional order imposing Level 8 commitment after pleading nolo contendere to felony charges. The court rejected the Department of Juvenile Justice's recommendation for community control, and H.S. contends the court failed to adequately state reaso
• Dorcas L. Morris v. Division OF Retirement
  747 So. 2d 462· Fla. 5th DCA· 1999-12-23
  Morris appealed the State Retirement Commission's denial of her application for in-the-line-of-duty retirement benefits following a 1990 work-related accident. She claimed the accident caused permanent and total disability, but the Commission found insufficient evidence that the
• J.L.T. v. State
  717 So. 2d 68· Fla. 1st DCA· 1998-07-09
  A juvenile offender appealed a moderate-risk residential commitment imposed without a Department of Juvenile Justice restrictiveness-level recommendation. The court affirmed, holding that the trial court adequately complied with statutory requirements by requesting the recommenda
• At & T Universal CardSERVICES Corp. v. Santos
  213 B.R. 387· M.D. Fla.· 1997-09-22
  The court affirmed the bankruptcy court's decision, finding that the appellant failed to meet its burden of proving actual fraud to make the debt non-dischargeable.
• United States v. Murphy
  850 F. Supp. 981· M.D. Fla.· 1994-04-12
  The court held that the petitioners (sons of the defendant) failed to establish by a preponderance of the evidence that they had a legal right, title, or interest in the subject property superior to the defendant's interest at the time of the commission of the acts giving rise to
• State OF N.D. v. United States
  972 F.2d 235· 8th Cir.· 1992-08-10
  The court held that the State failed to prove by a preponderance of the evidence that the Little Missouri River was navigable at the time of statehood, and thus the United States retains title to the riverbed.
• United States v. Bosquez-Villarreal
  868 F.2d 1388· 5th Cir.· 1989-03-02
  The court held that the district court did not abuse its discretion in denying the defendant's motion for release pending trial.
• Kinard v. State
  538 So. 2d 49· Fla. 5th DCA· 1988-12-29
  Irene Kinard appealed a judgment awarding her only $65 for towing charges on a forfeited BMW and denying recovery for storage and repair costs. The court affirmed, holding that while Kinard established a valid lien claim as a matter of law, she failed to prove by preponderance of
• United States v. $7
  718 F.2d 776· 5th Cir.· 1983-11-03
  The court held that the district court's finding that the claimant's automobile was used in connection with his illegal gambling business was not clearly erroneous, thus affirming the forfeiture.
• Laurence J. Terrazas v. Haig
  653 F.2d 285· 6th Cir.· 1981-06-30
  The court held that the district court properly found, by a preponderance of the evidence, that the plaintiff specifically intended to relinquish his United States citizenship when he voluntarily took an oath of allegiance to Mexico.
• Sydney Archer v. Maxwell Gordon and John J. Lafferty
  427 F.2d 1402· C.C.P.A.· 1970-07-09
  The court held that neither Gordon nor Archer proved diligence from immediately prior to Freter's priority date, thus affirming the Board of Patent Interferences' award of priority to Freter.
• England v. United States
  405 F.2d 862· 5th Cir.· 1968-12-30
  The court held that the trial court's findings of fact were supported by substantial evidence and not clearly erroneous, leading to the affirmance of the judgment.
• Wong Kwai Sing v. Dulles
  265 F.2d 131· 9th Cir.· 1959-04-06
  The court held that the trial court's findings of fact were not clearly erroneous in rejecting the plaintiff's testimony regarding his parentage and U.S. citizenship.