Evidentiary Weight

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

• Delbert Lee Tibbs v. State
  397 So. 2d 1120· Fla.· 1981-04-09 ·cited 738×
  The Florida Supreme Court held that appellate courts may reverse convictions only on grounds of legal insufficiency of evidence or trial error, not on the subjective ground that evidence weight is tenuous. The Court eliminated a purported third category of reversals based on evid
• Barbero v. Comm'r of Soc. Sec.
  2017 WL 168819· M.D. Fla.· 2022-09-07 ·cited 79×
  The court affirmed the Commissioner's decision, finding the ALJ properly weighed medical opinions and that the residual functional capacity determination was supported by substantial evidence.
• Inquiry concerning a Judge
  341 So. 2d 513· Fla.· 1977-01-04 ·cited 71×
  The Florida Supreme Court upheld the Judicial Qualifications Commission's recommendation to remove Judge Stewart F. LaMotte, Jr. from office for conduct unbecoming a judge. The judge improperly charged approximately $1,878.62 in personal travel expenses to an official state air t
• Allen v. Caspar Weinberger
  552 F.2d 781· 7th Cir.· 1977-04-15 ·cited 66×
  The court held that the Secretary's finding that the plaintiff failed to establish a 12-month incapacity for substantial gainful activity was not supported by substantial evidence, but the finding that the plaintiff regained capacity for light work as of July 20, 1973, was suppor
• Thigpen v. United Parcel Servs., Inc.
  990 So. 2d 639· Fla. 4th DCA· 2008-09-10 ·cited 34×
  Plaintiff Thigpen sued UPS for retaliating against him for filing workers' compensation claims by fabricating grounds for his termination. The jury awarded him $6 million, but the trial court granted UPS a new trial after determining that highly prejudicial testimony about a form
• Trotter v. State
  932 So. 2d 1045· Fla.· 2006-05-25 ·cited 31×
  Melvin Trotter appeals the denial of his post-conviction motion and a finding that he is not mentally retarded in a 1986 murder case where he was sentenced to death. The Florida Supreme Court affirmed the circuit court's determinations and rejected Trotter's claims of ineffective
• Callman Gottesman v. Gen. Motors Corp. & E. I. Du Pont De Nemours & Co.
  414 F.2d 956· 2d Cir.· 1969-08-13 ·cited 28×
  The court held that a violation of Section 7 of the Clayton Act can support a private cause of action for money damages and that the prior government judgment should have been given greater evidentiary weight.
• Murphy v. Gardner
  379 F.2d 1· 8th Cir.· 1967-06-14 ·cited 28×
  The court held that the Secretary's denial of disability benefits was improper because the evidence, including medical opinions and subjective testimony, supported a finding of disability as of July 10, 1961, despite the difficulty in objectively proving the onset of cancer.
• Jones v. First Born Church Cmty. Outreach, Inc.
  Fla. 3d DCA· 2025-02-05 ·cited 24×
  The trial court's judgment in favor of the religious institution was not an abuse of discretion and is affirmed.
• Breeden v. Caspar W. Weinberger
  493 F.2d 1002· 4th Cir.· 1974-03-19 ·cited 22×
  The court held that the Social Security Administration claimant need only prove coverage by a preponderance of the evidence, not by clear and convincing evidence, and that the administrative decision denying benefits was not supported by substantial evidence.
• Elec. & Missile Facilities, Inc. v. The United States
  416 F.2d 1345· Ct. Cl.· 1969-10-17 ·cited 22×
  The court held that the Board's downward adjustments for non-compaction and overhead/profit on fill material were arbitrary and unsupported by evidence, requiring further administrative proceedings. The Board's denial of recovery for utility damages was also not final, necessitat
• Flake v. Gardner
  399 F.2d 532· 9th Cir.· 1968-08-14 ·cited 20×
  The court held that the Secretary's decision denying disability benefits should be vacated and remanded because the Hearing Examiner may have applied improper legal standards and burdens of proof, particularly in light of recent statutory amendments.
• LeWINTER v. The Guardianship of Louis LeWINTER
  606 So. 2d 387· Fla. 3d DCA· 1992-09-01 ·cited 15×
  The Florida District Court of Appeal reversed a guardianship order appointing a guardian over a 94-year-old man's property management and medical decision-making, holding that the trial court failed to present any competent evidence at the adjudicatory hearing demonstrating the w
• Noble Drilling Co. & Crawford & Co., Inc. v. Drake
  795 F.2d 478· 5th Cir.· 1986-07-28 ·cited 14×
  The award of compensation under the Longshore and Harbor Workers' Compensation Act is affirmed because the record contains substantial evidence supporting the determination that Phillip Drake's death was causally related to his employment.
• Stanton L. Reese and Herbert M. Katz v. Hurst
  661 F.2d 1222· C.C.P.A.· 1981-10-15 ·cited 14×
  The court held that the majority improperly derogated the evidentiary significance of the Katz notebook by misapplying the law regarding corroboration requirements.
• Campbell v. Bowen
  800 F.2d 1247· 4th Cir.· 1986-06-27 ·cited 12×
  The court should reverse the district court's judgment and remand for fixing of attorney's fees.
• Huggins v. State
  453 So. 2d 835· Fla. 5th DCA· 1984-06-07 ·cited 12×
  The court held that the evidence presented was legally insufficient to sustain the conviction for sexual battery.
• Daniels v. State
  262 So. 2d 725· Fla. 3d DCA· 1972-05-30 ·cited 12×
  The court held that the appellant failed to demonstrate reversible error regarding the identification procedures, affirming the conviction.
• Hunt OIL Co. v. Fed. Energy Regulatory Comm'n
  853 F.2d 1226· 5th Cir.· 1988-09-06 ·cited 10×
  The presiding AU did not err by giving less evidentiary weight to extrinsic evidence of intent than to contract language, as the AU permissibly determined the extrinsic evidence was unreliable.
• Evosevich v. Consolidation Coal Co. & Dir.
  789 F.2d 1021· 3d Cir.· 1986-05-05 ·cited 10×
  The court held that the report of a non-examining physician, while hearsay, is admissible in administrative hearings and can constitute substantial evidence when corroborating an examining physician's opinion, provided the ALJ's reasoning for weighing the evidence is sound.
• Neal v. State
  792 So. 2d 613· Fla. 4th DCA· 2001-08-22 ·cited 8×
  The court held that admitting a witness's prior consistent statement made before plea negotiations was not error, but admitting testimony about consistent statements made at a co-defendant's trial after plea negotiations was error, though harmless.
• Avampato v. Markus
  245 So. 2d 676· Fla. 4th DCA· 1971-03-08 ·cited 7×
  The court held that the defendant's sworn statement regarding a blackout without prior warning was insufficient to dispel all reasonable doubt as to the existence of negligence, and thus summary judgment was improperly granted.
• Gavin v. Promo Brands USA, Inc.
  578 So. 2d 518· Fla. 4th DCA· 1991-05-01 ·cited 6×
  Linda and John Gavin appealed an adverse jury verdict in a premises liability case stemming from a fall at a liquor store. The appellate court affirmed the verdict, rejecting challenges to the admissibility of blood alcohol test results and expert testimony.
• Dicker v. United States
  352 F.2d 455· D.C. Cir.· 1965-10-22 ·cited 6×
  The court held that any errors or ambiguities in the trial court's rulings were corrected and the issues were fairly presented to the jury, and the jury's verdict was permissible.
• Holister v. Maynard
  129 F.2d 877· C.C.P.A.· 1942-07-06 ·cited 4×
  The court held that the Board of Interference Examiners did not err in awarding priority of invention to the appellee, as the evidence sufficiently established his earlier conception and diligence.
• Greene v. Massey
  706 F.2d 548· 5th Cir.· 1983-06-06 ·cited 2×
  The dissenting judge believes the prior decision was clearly erroneous and would work a manifest injustice, thus creating an exception to the law of the case doctrine.
• Pimentel v. Alamo
  555 So. 2d 895· Fla. 3d DCA· 1990-01-09 ·cited 1×
  In this ejectment and trespass case, the Florida appellate court reversed a judgment against defendant Pimentel, holding that the trial court committed reversible error by excluding a quitclaim deed allegedly executed by plaintiff Alamo in favor of the defendant or his son. The e
• v. I.D. No. 2403005415 Christian Church
  Del. Super. Ct.· 2025-05-15
  The court held that the state presented sufficient evidence of intent to support the conviction for assault in the first degree of Kaden Handte. However, the court found insufficient evidence of causation to support the conviction for assault in the second degree of Amarion Nutte
• Reynolds v. Comm'r of Soc. Sec.
  M.D. Fla.· 2025-04-10
  The court held that the ALJ failed to adequately consider and articulate the weight given to Dr. Nassar's opinion, particularly regarding nonexertional limitations and necessary accommodations, thus requiring reversal and remand.
• Janssen v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-09-26
  The court affirmed the Commissioner's decision, finding the ALJ properly weighed medical opinions and subjective complaints in determining the claimant's disability ceased.
• Torres v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-06-26
  The court held that a direction to award benefits is appropriate when the cumulative effect of the evidence establishes disability without doubt, and repeated ALJ errors indicate further remand would be futile.
• Whitehead v. Comm'r of Soc. Sec.
  M.D. Fla.· 2024-02-07
  The court affirmed the Commissioner's decision, finding the ALJ's denial of disability benefits was supported by substantial evidence and proper legal standards.
• Perez v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-07-24
  The court held that the Administrative Law Judge (ALJ) did not err in substituting her own assessment for that of medical consultants regarding the claimant's residual functional capacity, as substantial evidence supported the ALJ's determination.
• Dondero v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-07-17
  The court affirmed the Commissioner's decision, finding the ALJ properly considered the plaintiff's fluctuating symptoms and adequately evaluated medical opinions.
• Rismay v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-03-29
  The court affirmed the Commissioner's decision, finding the ALJ properly applied legal standards to medical opinions and that the ALJ was properly appointed for the relevant hearing.
• Simmons v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-03-13
  The court held that the ALJ failed to provide adequate reasons, supported by substantial evidence, for discounting the opinions of treating physicians Dr. Lodhi and Dr. Fernando, and thus the Commissioner's decision must be reversed and remanded.
• Toonen v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-03-10
  The court held that the ALJ erred in failing to identify and resolve apparent conflicts between the RFC and certain jobs identified by the vocational expert, and that the case must be remanded for further proceedings.
• Taylor v. Comm'r of Soc. Sec.
  M.D. Fla.· 2023-02-17
  The court held that the ALJ erred in affording little weight to Dr. Freedman's opinion regarding the need for an assistive device, as substantial evidence did not support this decision. The court also found that the ALJ's RFC determination was impacted by this error.
• Griffith v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-09-21
  The court affirmed the Commissioner's decision, finding the ALJ's denial of disability benefits was supported by substantial evidence and applied the correct legal standards.
• Bullard v. Acting Comm'r of Soc. Sec.
  S.D. Fla.· 2022-08-16
  The court adopted the Magistrate Judge's Report and Recommendation, denying the plaintiff's motion for summary judgment and granting the Commissioner's motion for summary judgment.
• Diaz v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-07-01
  The court held that the ALJ erred by failing to explain why she rejected a state agency medical consultant's opinion regarding the claimant's need to periodically alternate between sitting and standing.
• Hatley v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-05-23
  The court affirmed the Commissioner's final decision, finding the ALJ's decision supported by substantial evidence and the Appeals Council's denial of review proper.
• Wilson v. Kijakazi
  N.D. Fla.· 2022-04-08
  The court held that the Administrative Law Judge's (ALJ) decision denying the plaintiff's application for Disability Insurance Benefits (DIB) was supported by substantial evidence.
• Gearheart v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-03-02
  The court held that the ALJ's failure to articulate the weight given to a consultative examiner's opinion, and the reasons therefor, constituted reversible error.
• Sepulveda v. Comm'r of Soc. Sec.
  M.D. Fla.· 2022-02-03
  The court affirmed the Commissioner's decision, finding the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence and proper legal standards.
• Alcalde v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-09-24
  The court held that the Administrative Law Judge (ALJ) failed to articulate the weight given to the treating psychiatrist's opinion and provide good cause for rejecting it, thus the decision is not supported by substantial evidence.
• Hurst v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-08-31
  The court affirmed the Commissioner's decision, finding the ALJ's determination that the plaintiff was not disabled was supported by substantial evidence and applied correct legal standards.
• Reed v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-08-30
  The court held that the ALJ erred by failing to adequately explain the reasoning for choosing one state agency physician's stand/walk limitation over another's, especially when the opinions were contradictory and the ALJ afforded them both great weight.
• Ramos v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-07-13
  The court held that the ALJ erred by failing to articulate the weight given to a treating physician's opinion, and this error was not harmless because the opinion conflicted with the ALJ's findings regarding the claimant's daily activities.
• Britton v. Comm'r of Soc. Sec.
  M.D. Fla.· 2021-06-22
  The court held that the magistrate judge's recommendation to affirm the Commissioner's denial of disability benefits was correct and adopted it.