Greater Weight Of The Evidence Standard

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

• Teofilo Bermudez Centano v. State
  880 So. 2d 1277· Fla. 3d DCA· 2004-09-01 ·cited 2×
  The appellate court reversed the revocation of probation and the subsequent sentence, finding insufficient grounds for revocation and noting confusion regarding the trial court's findings.
• STANDARD JURY INSTRUCTIONS-CIVIL CASES (NO. 00-2)
  797 So. 2d 1199· Fla.· 2001-07-05 ·cited 2×
  The Florida Supreme Court approved amendments to the Standard Jury Instructions for Civil Cases concerning punitive damages, replacing instruction PD and model verdict forms 8.7(a), 8.7(b), and 8.8. The amendments distinguish between causes of action arising before and after Octo
• Bonner v. State
  786 So. 2d 1197· Fla. 4th DCA· 2001-05-30 ·cited 2×
  Ronald Bonner appealed his conviction for violating the terms of his community control order by having contact with unsupervised children. The Fourth District Court of Appeal reversed, finding that the state failed to prove a willful and substantial violation of the condition, as
• STANDARD JURY INSTRUCTIONS-CIVIL CASES (NO. 99-2)
  777 So. 2d 378· Fla.· 2000-08-17 ·cited 2×
  The Florida Supreme Court approved five proposed amendments and one new instruction to the Florida Standard Jury Instructions for Civil Cases, relating to deposition testimony, personal injury damages, misrepresentation claims, and breach of contract.
• Bissman v. State
  746 So. 2d 489· Fla. 2d DCA· 1999-10-15 ·cited 2×
  Carol Bissman appealed the revocation of her community control after testing positive for opiates. The court reversed the revocation, holding that the State failed to prove by the greater weight of the evidence that the drugs were not legitimately prescribed, as Bissman presented
• Heim v. Heim
  712 So. 2d 1238· Fla. 4th DCA· 1998-07-01 ·cited 2×
  In this divorce case, the Fourth District Court of Appeal clarified the burden of proof required to overcome the statutory presumption that real property held as tenants by the entireties is marital property. The court reversed the trial court's application of a criminal standard
• STANDARD JURY INSTRUCTIONS-CIVIL CASES (NO. 98-1)
  711 So. 2d 1· Fla.· 1998-04-02 ·cited 2×
  This is an administrative order by the Florida Supreme Court approving revised standard jury instructions for civil cases. The Court authorized publication of model jury charges and verdict forms designed to guide trial courts in instructing juries on comparative negligence, dama
• In re Standard Jury Instructions-Civil Cases NO. 94-1
  645 So. 2d 999· Fla.· 1994-12-01 ·cited 2×
  The Florida Supreme Court authorized the publication of a new standard jury instruction (SJI MI 10) for cases involving claims of intentional infliction of emotional distress through outrageous conduct. The instruction establishes the legal elements and damages framework for this
• de PÉREZ v. Hosp. del Maestro
  910 F.2d 1004· 1st Cir.· 1990-08-13 ·cited 2×
  The appellate court held that the district court erred in granting the plaintiffs' motion for a new trial because the evidence was mixed and did not overwhelmingly favor the plaintiffs.
• Baker v. State
  428 So. 2d 684· Fla. 2d DCA· 1983-01-28 ·cited 2×
  The court held that the trial court did not err in revoking probation, as the affidavit's vagueness did not unfairly prejudice the defendant given the relaxed standards for probation revocation hearings and prior witness depositions.
• Lilly v. Hutchins
  355 So. 2d 212· Fla. 2d DCA· 1978-02-22 ·cited 2×
  An elderly man gifted $13,000 to a homemaker who provided care services to him, which he used to purchase real property. The trial court found undue influence based on a confidential relationship and imposed a constructive trust, but the appellate court reversed, holding the evid
• Pickard v. State
  417 So. 3d 491· Fla. 5th DCA· 2025-08-01 ·cited 1×
  Probation revocation is affirmed where competent substantial evidence supports violations of two conditions, but the sentence is reversed as vindictive because the court imposed a sentence ten times harsher than its initial plea offer with no explanation other than the defendant'
• Knighton v. State
  290 So. 3d 1035· Fla. 1st DCA· 2020-01-31 ·cited 1×
  The appellate court affirmed a convicted felon's judgment and sentence for firearm possession, drug possession, and driving with a suspended license. The court addressed the appellant's claim that the trial court applied the incorrect legal standard when denying his motion for a
• Smith v. State
  287 So. 3d 1266· Fla. 1st DCA· 2019-12-31 ·cited 1×
  The appellate court reversed a trial court's denial of a motion for a new trial because the trial judge failed to apply both the sufficiency of the evidence standard and the weight of the evidence standard. The court remanded the case for the trial court to properly consider both
• Jenkins v. State
  260 So. 3d 447· Fla. 1st DCA· 2018-11-30 ·cited 1×
  A trial court does not err in ruling on a motion for new trial when it applies the correct weight-of-the-evidence standard, even if the phrase 'sufficiency of the evidence' appears in the oral ruling in the context of discussing a separate case.
• Inmon v. Convergence Emp. Leasing III, Inc.
  243 So. 3d 1046· Fla. 1st DCA· 2018-04-18 ·cited 1×
  Although an employee's intoxication may be established, an employer/carrier must prove by greater weight of evidence that a work-related death was primarily occasioned by intoxication; competent substantial evidence does not support a finding of primary causation based on impermi
• Clalibeltha Charles v. State
  209 So. 3d 32· Fla. 4th DCA· 2016-11-02 ·cited 1×
  The court held that the evidence was insufficient to support a finding that the defendant willfully violated her probation terms, as her actions were influenced by external circumstances and the state failed to present contrary evidence.
• Prickett v. State
  895 So. 2d 533· Fla. 1st DCA· 2005-03-10 ·cited 1×
• Lynn v. Philadelphia Am. Life Ins. Co.
  543 So. 2d 807· Fla. 2d DCA· 1989-05-03 ·cited 1×
  Sherry Lynn appeals a judgment denying her recovery as beneficiary on two life insurance policies on her husband's life, claiming she is prohibited under Florida law from collecting due to her conviction for manslaughter in his death. The court affirms, holding that the evidence
• Robertaud Toussaint v. Universal Prop. & Cas. Ins. Co.
  Fla. 3d DCA· 2026-07-01
  When conflicting evidence is presented at trial regarding insurance coverage for ensuing damage, the trial court does not abuse its discretion in denying a motion for new trial.
• Steppe v. Miami Beach Realty
  Fla. 3d DCA· 2025-07-16
  A trial court's findings of fact in a non-jury trial are presumed correct on appeal and will not be disturbed unless clearly erroneous, and an appellant's burden to overcome this presumption is not met when the appellate record lacks a trial transcript.
• Del Corral v. State
  Fla. 5th DCA· 2024-12-06
  A probation violation for failure to report is not willful where the probationer made good faith attempts to comply but was thwarted by an incorrect address on the probation order. The State must present evidence of ability to pay and make an explicit finding of willfulness befor
• McBride v. State
  Fla. 1st DCA· 2024-08-21
  A trial court does not err in denying a motion for new trial when it properly applies the 'seventh juror' standard and finds that the weight of the evidence supports the jury's guilty verdict, even where the victim's testimony contains inconsistencies and is contradicted by defen
• Horowitz v. Allied Marine, Inc
  S.D. Fla.· 2024-07-08
  The court denied the defendant's motion for a new trial, finding the jury's damages award was supported by the evidence and within a reasonable range. The court also addressed cross-motions to tax costs.
• Adeena Weiss v. Weiss
  Fla. 3d DCA· 2024-05-29
  A transfer of stock in a closely held corporation cannot be established through extrinsic evidence alone without documentary evidence sufficient to satisfy statutory transfer requirements.
• Stanley v. Broward Cnty. Sheriff
  S.D. Fla.· 2024-01-26
  The court denied the defendant's motions for a new trial and judgment as a matter of law, finding that the court properly handled jury polling and instructions, and that the verdict was supported by sufficient evidence.
• Judge v. Knauf Gips KG
  M.D. Fla.· 2023-04-14
  The court held that a prior jury verdict, final judgment, and satisfaction of judgment constitute an 'award' of punitive damages under Fla. Stat. § 768.73(2)(a), but that a genuine issue of material fact exists regarding whether that award was insufficient to punish the defendant
• R.J. Reynolds Tobacco Co. v. Harris
  Fla. 1st DCA· 2022-07-06
  The appellate court reversed a punitive damages award because the trial court improperly instructed the jury that they could consider prior "Engle findings" when determining punitive damages. The court found this instruction misleading, as the Engle findings were made under a dif
• Argos USA, LLC v. Franklin
  Fla. 1st DCA· 2021-08-20
  The appellate court reversed a trial court's judgment for the defendant in a debt collection case. The court found that the trial court's conclusion that the defendant owed nothing was against the manifest weight of the evidence, and that the defendant did owe a specific amount f
• Smith v. State
  Fla. 3d DCA· 2020-11-12
• Smith v. State
  Fla. 2d DCA· 2020-11-12
  A trial court need not require corroboration of every aspect of a probation violation; instead, it must examine the facts and circumstances of each case to determine whether the violation is willful and supported by the greater weight of evidence.
• In re Standard Jury Instructions in Civil Cases - Report No. 19-03
  Fla.· 2020-02-27
  The Court authorized amended standard jury instructions that clarify design defect standards by making the consumer expectations and risk/benefit tests alternative rather than conjunctive bases for liability, consistent with Aubin. The Court revised comparative fault apportionmen
• Brown v. State
  Fla. 2d DCA· 2019-10-04
  Evidence that a probationer did not answer the door in response to an officer's knock is legally insufficient to prove a willful and substantial violation of community control, as this evidence gives rise to multiple reasonable inferences, including that the probationer was aslee
• Jalyn Virginia Brownworth v. State
  Fla. 1st DCA· 2019-09-20
  Hearsay evidence, though admissible in probation revocation proceedings, cannot serve as the sole basis for revocation and must be corroborated by nonhearsay evidence.
• Radice v. State
  271 So. 3d 1007· Fla. 4th DCA· 2019-05-01
  James Radice was convicted of felony battery after a confrontation with a car service driver. The circuit court granted a downward departure sentence to twenty months imprisonment followed by two years probation. Radice appealed his conviction and denial of his motion for new tri
• Fales v. State
  263 So. 3d 227· Fla. 1st DCA· 2019-01-22
  The Florida First District Court of Appeal reversed and remanded a trial court's denial of a motion for new trial, finding that the trial court applied the wrong legal standard when evaluating the motion. The court held that trial courts must weigh the evidence and determine whic
• In re STANDARD JURY INSTRUCTIONS IN CIVIL CASES-REPORT NO. 18-03.
  260 So. 3d 1016· Fla.· 2018-12-20
  The Florida Supreme Court authorized new standard civil jury instructions for negligent infliction of emotional distress claims, establishing a consistent format and guidelines for trial courts to use when instructing juries on this tort.
• Dwanquel Antonio Bryant v. State
  236 So. 3d 492· Fla. 2d DCA· 2018-01-17
  A probation officer's testimony that a probationer was not present at his residence on two occasions, coupled with hearsay evidence about a sheriff's office's unsuccessful attempt to serve an arrest warrant, is insufficient to prove a willful and substantial violation of a condit
• In re STANDARD JURY INSTRUCTIONS IN CIVIL CASES-REPORT NO. 17-04
  230 So. 3d 815· Fla.· 2017-11-22
  The Florida Supreme Court authorized proposed amendments to standard jury instructions in civil cases, including instructions on burden of proof, retaliation claims, protected activity, and a model verdict form for medical negligence cases. The Court found the Committee's technic
• Paul v. State
  219 So. 3d 272· Fla. 5th DCA· 2017-05-26
• Heckman v. State
  70 So. 3d 743· Fla. 5th DCA· 2011-09-23
• Rico Young v. State
  988 So. 2d 650· Fla. 2d DCA· 2008-07-11
  Rico Young appealed a postconviction denial of his ineffective assistance of counsel claim under Florida Rule of Criminal Procedure 3.850. The court found error in the summary denial of Young's claim that trial counsel failed to argue in the motion for new trial that the weight o
• Jenkins v. State
  963 So. 2d 311· Fla. 4th DCA· 2007-08-15
  Jenkins appealed the revocation of his probation for failing to report, leaving his county, and committing a new crime. The court reversed, holding that Jenkins could not willfully violate probation conditions he did not know existed because his supervising officer never informed
• Sostre v. State
  953 So. 2d 770· Fla. 2d DCA· 2007-04-20
  The court held that two of the four alleged violations were not supported by competent, substantial evidence, requiring reversal and remand for reconsideration.
• Dawkins v. State
  936 So. 2d 710· Fla. 2d DCA· 2006-08-11
  Charlton Quincy Dawkins appealed the revocation of his community control and resulting prison sentence. Although the appellate court found procedural defects in how the trial court processed the revocation, it affirmed the revocation and sentence based on competent evidence of tw
• M.M. v. State
  874 So. 2d 736· Fla. 4th DCA· 2004-06-16
• STANDARD JURY INSTRUCTIONS IN CIVIL CASES (NO. 03-01)
  849 So. 2d 1083· Fla.· 2003-06-26
  The Florida Supreme Court authorized revised standard jury instructions for civil cases addressing insurer bad faith claims. The revised instruction merges two previous instructions on bad faith failure to settle and adds new provisions on punitive damages and mental distress dam
• Hardy v. State
  845 So. 2d 335· Fla. 2d DCA· 2003-05-21
  The court held that the revocation of probation was improper because the State failed to present evidence of a violation for one condition and the other condition was not violated as written.
• State v. Roman
  830 So. 2d 874· Fla. 5th DCA· 2002-10-18
  The appellate court held that the trial judge abused discretion in granting a new trial based on the weight of the evidence, as the record did not support the finding that the verdict was contrary to the weight of the evidence.
• Wright v. DSK Grp. & Gallagher Bassett Servs.
  821 So. 2d 455· Fla. 1st DCA· 2002-07-23
  In this workers' compensation case, the court reversed the judge's denial of benefits because the judge incorrectly applied the statutory presumption regarding drug use and injury causation. The employer failed to meet the preconditions for invoking the presumption by not requiri