Preponderance Of The Evidence

3,085 Florida cases classified under this topic, plus 56 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• City OF Waco v. Bridges
  710 F.2d 220· 5th Cir.· 1983-07-28 ·cited 18×
  The court held that the exclusionary rule does not apply in civil interpleader actions and that the Texas statute regarding unclaimed property seized by peace officers applies to city police, awarding the money to McLennan County.
• United States v. Leola Harshaw
  705 F.2d 317· 8th Cir.· 1983-04-21 ·cited 18×
  The court held that it has jurisdiction to hear the government's appeal from a mistrial order because the mistrial effectively ended the trial and was declared at the defendant's request, thus not violating double jeopardy principles.
• Weiss v. United States Postal Serv.
  700 F.2d 754· 1st Cir.· 1983-02-16 ·cited 18×
  The Merit Systems Protection Board (MSPB) did not err in applying a standard of review that defers to agency discretion for penalty determinations, rather than a strict preponderance of the evidence standard.
• Wren v. Nolan Jones
  635 F.2d 1277· 7th Cir.· 1980-12-10 ·cited 18×
  The court held that the plaintiffs failed to prove that their political affiliation was a motivating factor in their layoffs, and that fiscal restraints justified the employment decisions.
• Rowley v. The Bd. OF Educ. OF the Hendrick Hudson Cent. Sch. Dist.
  632 F.2d 945· 2d Cir.· 1980-07-17 ·cited 18×
  The court held that a deaf student is entitled to a sign language interpreter to ensure a free appropriate public education, affirming the district court's decision.
• United States ex rel. Regent Goddard v. Vaughn
  614 F.2d 929· 3d Cir.· 1980-02-12 ·cited 18×
  A state may constitutionally require a defendant to prove the affirmative defense of voluntary intoxication by a preponderance of the evidence, even when intoxication negates a specific intent element of the crime.
• United States v. Alanis
  611 F.2d 123· 5th Cir.· 1980-02-06 ·cited 18×
  The court held that the appellant's conviction on the substantive count was not fatally infected by the admission of co-conspirator hearsay statements, and any errors were harmless.
• United States v. Martel Inmon
  594 F.2d 352· 3d Cir.· 1979-03-13 ·cited 18×
  The court held that the government met its burden of proving two separate conspiracies by a preponderance of the evidence, and the defendant's sentence was not improper.
• United States v. John Bernard Indus., Inc.
  589 F.2d 1353· 8th Cir.· 1979-01-15 ·cited 18×
  The court affirmed the convictions, holding that the trial court did not err in its rulings on witness disclosure, evidentiary matters, jury instructions, or the sufficiency of the evidence, and that the defendants lacked standing to challenge certain evidence.
• Henrius Henry v. Immigr. & Naturalization Serv.
  552 F.2d 130· 5th Cir.· 1977-05-13 ·cited 18×
  The court held that the Board of Immigration Appeals' denial of withholding deportation was not arbitrary or capricious and that petitioners received procedural due process.
• Hi-Acres Groves, Inc. v. Bassett
  338 So. 2d 1076· Fla. 4th DCA· 1976-08-31 ·cited 18×
  Hi-Acres Groves appeals a final judgment granting specific performance of a real estate contract. The Fourth District Court of Appeal holds that the trial court applied the wrong legal standard of proof, requiring clear and satisfactory proof rather than mere preponderance of evi
• Charlton v. Fed. Trade Comm'n
  543 F.2d 903· D.C. Cir.· 1976-03-10 ·cited 18×
  The Federal Trade Commission applied an incorrect standard of proof ('substantial evidence') in a disciplinary proceeding against an attorney, and the case must be remanded for reconsideration using the 'preponderance of the evidence' standard.
• Universe Tankships, Inc. v. United States
  528 F.2d 73· 3d Cir.· 1975-12-29 ·cited 18×
  The court affirmed the district court's judgment, holding that the plaintiff failed to prove by a preponderance of the evidence that the grounding of the vessel was caused by the government's inaccurate channel depth statement.
• Abbott v. Abbott
  297 So. 2d 608· Fla. 2d DCA· 1974-07-10 ·cited 18×
  In a divorce property division case, the Florida appellate court affirmed the trial judge's award of a home's equity to the wife based on her proof that she provided the down payment, establishing the appropriate burden of proof for special equity claims in equitable proceedings
• Boone v. Royal Indem. Co.
  460 F.2d 26· 10th Cir.· 1972-05-03 ·cited 18×
  The court held that the circumstantial evidence was sufficient to support the jury's verdict of arson, the trial court's jury instruction on the burden of proof was proper, and the admission of certain hearsay evidence was within the trial court's discretion.
• WM. A. Smith Contracting Co., Inc. v. The United States
  412 F.2d 1325· Ct. Cl.· 1969-07-16 ·cited 18×
  The court affirmed the denial of the plaintiffs' motion for summary judgment and granted the defendant's cross-motion, dismissing the plaintiffs' petition.
• United States v. ONE 1955 Mercury Sedan
  242 F.2d 429· 4th Cir.· 1957-03-11 ·cited 18×
  The court held that facts justifying forfeiture need only be established by a preponderance of the evidence, not a higher standard.
• Gallagher v. Smith
  206 F.2d 939· C.C.P.A.· 1953-06-24 ·cited 18×
  The court held that the junior party (Gallagher and Weber) failed to establish by a preponderance of evidence that the senior party (Smith) concealed or suppressed his invention, thus affirming the Board of Interference Examiners' award of priority to Smith.
• Zachary v. State
  53 Fla. 94· Fla.· 1907-01-01 ·cited 18×
  In this attorney disbarment proceeding, the Florida Supreme Court reversed the lower court's judgment disbarring W.L. Zachary for allegedly conspiring with George W. Pennington to defraud Pennington's creditors by fraudulently transferring property. The court held that the eviden
• Camacho v. State
  164 So. 3d 45· Fla. 2d DCA· 2015-04-29 ·cited 17×
  Felix Camacho appeals his sentences, arguing the trial court erroneously concluded it lacked authority to grant a downward departure sentence. The court reverses and remands for resentencing, finding the trial court made a legal error by concluding it had no basis to depart from
• Devore v. Howmedica Osteonics Corp.
  658 F. Supp. 2d 1372· M.D. Fla.· 2009-09-28 ·cited 17×
  The court held that the plaintiff failed to establish a possibility of a valid claim against the non-diverse defendant, and the amount in controversy exceeded the federal threshold, thus denying remand.
• Lawson v. State
  941 So. 2d 485· Fla. 5th DCA· 2006-11-03 ·cited 17×
  The Fifth District Court of Appeal upheld the revocation of Sammy Lawson's probation for willfully violating a drug treatment program condition. The court held that a trial court does not abuse its discretion in revoking probation when a defendant is discharged from a court-order
• Molter v. State
  892 So. 2d 1115· Fla. 2d DCA· 2004-11-17 ·cited 17×
  Appellant Molter challenges restitution orders in two criminal cases. The court reverses both orders: in the Henson case, due to lack of competent evidence supporting the restitution amounts, and in the Bennett case, modifying the amount to $8,246 based on what the State actually
• Berry v. Scotty's, Inc.
  711 So. 2d 575· Fla. 2d DCA· 1998-01-09 ·cited 17×
  David Berry was discharged from Scotty's Inc. after the employer conducted surveillance showing him at another RV business on his days off, suspecting he misrepresented his physical limitations. The Florida Unemployment Appeals Commission reversed an appeals referee's decision aw
• Latham v. Fla. Comm'n ON Ethics
  694 So. 2d 83· Fla. 1st DCA· 1997-04-23 ·cited 17×
  Gary Latham, a former Florida Parole Commission member, challenged the Commission on Ethics' finding that he violated the state ethics code by engaging in unwanted sexually or romantically oriented behavior toward a subordinate employee. The court reversed the Commission's order,
• State v. Chang
  668 So. 2d 207· Fla. 1st DCA· 1996-01-16 ·cited 17×
  The State appeals a trial court's order suppressing a handgun found during a consensual police encounter and search of Chang's automobile. The appellate court reversed, holding that the initial police contact was lawful and that Chang's consent to search was voluntary.
• Greenwich Collieries v. Dir., Off. OF Workers' Comp. Programs, United States Dep't of Labor, & Andrew Ondecko
  990 F.2d 730· 3d Cir.· 1993-03-23 ·cited 17×
  The court held that the 'true doubt rule,' which allows a claimant to prevail when evidence is equally probative, impermissibly eases the claimant's burden of persuasion, which must be met by a preponderance of the evidence under the Black Lung Benefits Act and the APA.
• Schafrath v. Marco BAY Resort, Ltd.
  608 So. 2d 97· Fla. 1st DCA· 1992-10-29 ·cited 17×
  Alice Schafrath sought workers' compensation benefits for a workplace injury to her right elbow sustained on January 26, 1990, at Marco Bay Resort. The judge of compensation claims denied all benefits, but the appellate court reversed, holding that the judge improperly applied th
• United States v. Masters
  978 F.2d 281· 7th Cir.· 1992-10-14 ·cited 17×
  A district court may consider conduct of which a defendant has been acquitted when determining a sentence under the Sentencing Guidelines, using the preponderance of the evidence standard.
• United States v. Welch
  945 F.2d 1378· 7th Cir.· 1991-10-15 ·cited 17×
  The court affirmed the conviction, holding that the trial court did not abuse its discretion in excluding the defendant's proffered expert testimony regarding tape alteration and in admitting the government's authenticated tape recording, and that sentencing enhancements were pro
• United States v. Francesco Gambino
  926 F.2d 1355· 3d Cir.· 1991-03-04 ·cited 17×
  The court held that admitting co-conspirator hearsay statements subject to later connection is within the trial court's discretion, and that references to co-conspirators' guilty pleas are permissible to dampen credibility attacks and are not plain error when the jury is properly
• United States v. Uccio
  917 F.2d 80· 2d Cir.· 1990-10-15 ·cited 17×
  The court held that the district court had jurisdiction to correct an erroneous sentence and that the upward departure for Uccio's sentencing required reconsideration. The court affirmed Sarantopoulos's conviction, finding his severance motion was properly denied.
• Ball v. Metallurgie Hoboken-Overpelt, S.A.
  902 F.2d 194· 2d Cir.· 1990-04-27 ·cited 17×
  A foreign corporation is not subject to New York's "doing business" jurisdiction (N.Y.Civ.Prac.L. & R. § 301) based solely on a distributor's activities, nor does it commit a tortious act within the state under the long-arm statute (N.Y.Civ.Prac.L. & R. § 302(a)(3)(i)) without ev
• Serras v. First Tenn. Bank Nat'l Ass'n
  875 F.2d 1212· 6th Cir.· 1989-05-25 ·cited 17×
  The court held that the district court erred in granting summary judgment on personal jurisdiction based solely on written submissions, as plaintiffs made a sufficient prima facie showing of jurisdiction under Michigan's long-arm statute and due process.
• Combs v. Richardson
  838 F.2d 112· 4th Cir.· 1988-01-29 ·cited 17×
  A jury's finding that a debtor's actions were willful and malicious can collaterally estop the debtor from relitigating that issue in a bankruptcy discharge proceeding if the issue was actually and necessarily litigated in the prior action.
• United States v. Pok Sin Bowers
  660 F.2d 527· 5th Cir.· 1981-09-02 ·cited 17×
  The court held that the district court did not err in admitting testimony regarding the battered child syndrome, excluding testimony about the defendant's intent to kill, admitting a photograph of the victim's heart, instructing the jury on intent and burden of proof, taking judi
• Boymer v. Birmelin
  227 So. 2d 358· Fla. 3d DCA· 1969-10-21 ·cited 17×
  In this promissory note collection case, the Florida appellate court reversed the trial court's judgment for the defendant and held that the defendant lawyer's note to his clients was supported by adequate consideration. The court found that the clients' forbearance from pursuing
• Tillery v. Standard Sand & Silica Co.
  226 So. 2d 842· Fla. 2d DCA· 1969-10-01 ·cited 17×
  Barbara Tillery appealed a directed verdict in her wrongful death suit against her husband's employer. The court reversed, holding that sufficient evidence existed for a jury to determine whether the employer's defective welding machine caused her husband's death by electrical sh
• Yarmark v. Strickland
  193 So. 2d 212· Fla. 3d DCA· 1966-12-20 ·cited 17×
  In a paternity suit under Florida law, the trial court determined that Ronald Yarmark was the father of a child born to Nancy Strickland out of wedlock. The appellate court reversed, holding that when a mother admits to sexual intercourse with multiple men during the medically po
• City of Pensacola v. Maxwell
  49 So. 2d 527· Fla.· 1950-12-19 ·cited 17×
  This case clarifies the scope of certiorari review for administrative agency decisions. The Florida Supreme Court held that while certiorari allows review of jurisdiction and whether an agency acted within its legal authority, it does not permit a court to reweigh the evidence or
• Miracle v. Kriens
  160 Fla. 48· Fla.· 1948-01-16 ·cited 17×
  Kriens sued the owners of Mac's Bar for damages after being shot by a stray bullet during an altercation between the bar's employee Dorsey and a former negro employee. The Florida Supreme Court reversed the judgment for Kriens, holding that the proprietors had exercised reasonabl
• Usher v. United States
  146 F.2d 369· 4th Cir.· 1944-11-13 ·cited 17×
  The court held that the action to collect penalties for excess cotton marketing was civil, requiring proof by a preponderance of the evidence, and that the Secretary of Agriculture's regulation creating a presumption of marketing was lawful.
• Shariff David Bula Lopez v. U.S. Attorney General
  914 F.3d 1292· 11th Cir.· 2019-01-31 ·cited 16×
  The court held that it has jurisdiction to review the factual basis of a conviction when it determines removability for criminal offenses, and that Flunitrazepam is a controlled substance under the INA, making the petitioner removable.
• Abrams v. State
  971 So. 2d 1033· Fla. 4th DCA· 2008-01-16 ·cited 16×
  Thomas Abrams challenges two life sentences imposed under Florida's Dangerous Sexual Felony Offender Act (DSFO Act), arguing the statute violates procedural due process. The court upholds the DSFO Act as constitutional but reverses Abrams's life sentence on one count because lewd
• Jones v. State
  964 So. 2d 167· Fla. 5th DCA· 2007-06-22 ·cited 16×
  Jimmy Lee Jones appealed the revocation of his probation, arguing that the State failed to comply with statutory requirements to toll his probationary period. The court agreed that neither a proper affidavit nor an arrest warrant was issued during the probation term, lacking juri
• Crutcher v. Sch. Bd. OF Broward Cnty. & Gallagher Bassett Servs., Inc.
  834 So. 2d 228· Fla. 1st DCA· 2002-10-23 ·cited 16×
  The Florida District Court of Appeal, First District, reversed and remanded a workers' compensation case. The court clarified that while an employer/carrier's failure to provide proper statutory notice can impact the statute of limitations defense, it does not automatically estop
• King v. State
  817 So. 2d 935· Fla. 5th DCA· 2002-05-17 ·cited 16×
  Stephen S. King appeals the revocation of his probation and ten-year prison sentence. The court reversed, finding insufficient evidence that King constructively possessed marijuana found near him, which was essential to prove violation of his probation conditions.
• Brown v. State
  813 So. 2d 202· Fla. 2d DCA· 2002-04-03 ·cited 16×
  The court held that the State failed to prove willful and substantial violations of community control conditions, specifically being away from residence and failing to complete community service hours.
• State v. Petringelo
  762 So. 2d 965· Fla. 2d DCA· 2000-05-31 ·cited 16×
  The State appeals a trial court's downward departure sentences imposed after the defendant admitted to probation violation. The appellate court reverses, finding that the trial court's departure grounds lacked evidentiary support, and remands for resentencing within the guideline
• State v. Sawyer
  753 So. 2d 737· Fla. 2d DCA· 2000-03-22 ·cited 16×
  Florida appeals a downward departure sentence imposed below the sentencing guidelines range. The appellate court reverses and remands, finding the departure was not adequately supported by the record and that the trial court's explanation was insufficient under state sentencing l