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

• Stein v. Girard Ins. Co. OF Philadelphia
  259 F.2d 764· 7th Cir.· 1958-10-24 ·cited 16×
  The court held that the trial court erred in withdrawing the issue of the plaintiff's alleged willful destruction of his insured property from the jury.
• Senkus v. Johnston
  166 F.2d 597· C.C.P.A.· 1948-03-02 ·cited 16×
  The court held that the appellant's evidence, including personal notebooks and reports, was insufficient to corroborate the invention's reduction to practice due to a lack of independent corroboration.
• Jacksonville Elec. Co. v. Cubbage
  58 Fla. 287· Fla.· 1909-06-01 ·cited 16×
  Jacksonville Electric Company appeals a jury verdict awarding damages to a passenger injured when a streetcar suddenly started moving as she was alighting. The Florida Supreme Court affirms, finding sufficient evidence of negligence and rejecting the defendant's challenges to jur
• Langel v. State
  255 So. 3d 359· Fla. 4th DCA· 2018-09-05 ·cited 15×
  The 2017 amendment to Florida's self-defense immunity statute, which shifts the burden of proof to the state to disprove a prima facie claim of self-defense immunity by clear and convincing evidence, is substantive and cannot be applied retroactively to offenses committed before
• Mitchell v. State
  42 Fla. L. Weekly D2286· Fla. 3d DCA· 2018-01-17 ·cited 15×
  A trial court must reduce to writing its oral pronouncement of probation violations and revocation, and failure to do so is reversible error requiring remand.
• State v. Green
  971 So. 2d 146· Fla. 4th DCA· 2007-12-05 ·cited 15×
  The court held that the trial court erred in imposing a downward departure sentence because the defendant failed to prove the Department of Corrections could not provide the specialized treatment required.
• State v. Walter
  970 So. 2d 848· Fla. 2d DCA· 2007-10-31 ·cited 15×
  The State appeals a trial court's suppression of Betty Jean Walter's statements made during a detective's initial investigation interview into alleged identity theft and fraudulent wireless service schemes. The appellate court reversed, holding that the detective's statements did
• State v. Fontaine
  955 So. 2d 1248· Fla. 4th DCA· 2007-05-16 ·cited 15×
  A downward departure sentence is affirmed where competent substantial evidence supports a finding that the defendant's capacity to appreciate the criminal nature of his conduct or conform to law was substantially impaired at the time of the offense due to medication side effects,
• Widdowson v. E.I. DuPont DeNemours
  Del. Super. Ct.· 2005-10-03 ·cited 15×
  The Industrial Accident Board's decision denying workers' compensation benefits is affirmed. The claimant failed to prove by a preponderance of the evidence that her husband's lung cancer was caused by his asbestos exposure, and the Board properly applied the law and its factual
• Davis v. State
  862 So. 2d 931· Fla. 2d DCA· 2004-01-14 ·cited 15×
  Antonio Davis appeals the revocation of his probation for drug-related offenses. The appellate court reversed the revocation, finding the State failed to prove a willful and substantial violation of the treatment program requirement and remanded for the trial court to reconsider
• State v. O.C.
  748 So. 2d 945· Fla.· 1999-09-16 ·cited 15×
  The Florida Supreme Court affirmed a Fifth District decision invalidating section 874.04, Florida's Criminal Street Gang Prevention Act, as unconstitutional. The statute allowed enhanced criminal penalties based solely on gang membership without requiring any nexus between the un
• State v. Prue
  701 So. 2d 637· Fla. 2d DCA· 1997-11-12 ·cited 15×
  The Florida Department of Highway Safety and Motor Vehicles challenged a circuit court's decision to quash a driver's license suspension imposed after Martha Prue refused to submit to a breath test following a DUI arrest. The appellate court held that the circuit court improperly
• United States v. Savoie
  985 F.2d 612· 1st Cir.· 1993-02-08 ·cited 15×
  The court held that the district court did not err in applying a role-in-the-offense adjustment, ordering restitution, imposing a fine, or in its compliance with Fed.R.Crim.P. 32(c)(3)(D).
• Ostrowski v. Atl. Mut. Ins. Cos.
  968 F.2d 171· 2d Cir.· 1992-06-19 ·cited 15×
  The court held that the district court erred in failing to provide a burden-shifting jury instruction under Price Waterhouse v. Hopkins, entitling the plaintiff to a new trial.
• United States v. Weslie C. Mays
  902 F.2d 1501· 10th Cir.· 1990-05-07 ·cited 15×
  The court held that the defendant's sentence enhancement for his role in the offense was supported by sufficient evidence and that the terms in the sentencing guideline were not unconstitutionally vague.
• Dickens v. State
  556 So. 2d 782· Fla. 2d DCA· 1990-02-09 ·cited 15×
  The court held that a trial court has discretion to determine the amount of restitution based on factors beyond fair market value, and the defendant waived the issue of ability to pay by failing to present evidence or object.
• United States v. ONE 1980 Bertram 58' Motor Yacht
  876 F.2d 884· 11th Cir.· 1989-06-30 ·cited 15×
  A vessel is subject to forfeiture if it was intended for use in transporting controlled substances, even if minimal steps were taken to modify it for that purpose. The owner must prove they took all reasonable steps to prevent illicit use to establish an innocent owner defense.
• Olga Romani, M.D. v. State
  528 So. 2d 15· Fla. 3d DCA· 1988-05-24 ·cited 15×
  Dr. Olga Romani was convicted of conspiracy to commit first-degree murder and first-degree murder of Dr. Gerardo DeMola, who was killed in 1981. On appeal, Romani challenged the trial judge's admission of coconspirator hearsay statements, arguing they lacked independent corrobora
• DOE v. United States
  821 F.2d 694· D.C. Cir.· 1987-06-19 ·cited 15×
  The court held that the Privacy Act requires agencies to maintain records with accuracy reasonably necessary to assure fairness, and individuals have a right to judicial review of amendment denials.
• Thomure v. Truck Ins. Exch.
  781 F.2d 141· 8th Cir.· 1986-01-08 ·cited 15×
  The court held that there was sufficient evidence to support the jury's finding of arson and that defense counsel's arguments did not constitute plain error requiring a new trial.
• S. Fla. Water Mgmt. Dist. v. Caluwe
  459 So. 2d 390· Fla. 4th DCA· 1984-11-07 ·cited 15×
  An employee challenged his termination by the South Florida Water Management District based on accumulated disciplinary points under the District's Corrective Action Policy. The court found that only 75 of the 125 points assessed were valid, and that since 100 points are required
• Fitzpatrick v. City OF Miami Beach
  328 So. 2d 578· Fla. 3d DCA· 1976-03-17 ·cited 15×
  A tie vote by a personnel board in a disciplinary hearing means the appointing authority failed to meet its burden of proof, and thus the disciplinary action is not sustained.
• Waddy v. Heer
  383 F.2d 789· 6th Cir.· 1967-10-10 ·cited 15×
  The court held that the petitioners' guilty pleas were not rendered involuntary by the alleged police coercion, the trial judge's participation in sentence discussions, or the absence of counsel at certain stages, and that the racial designation on the indictment did not vitiate
• Shepherd v. Finer Foods, Inc.
  165 So. 2d 750· Fla.· 1964-06-24 ·cited 15×
  Three consolidated negligence actions arose from a fire that destroyed a grocery store. The Florida Supreme Court reversed the District Court of Appeal's reversal of jury verdicts for the plaintiffs, holding that the circumstantial evidence sufficiently supported the jury's findi
• Kimbro v. Metro. Life Ins. Co.
  112 So. 2d 274· Fla. 3d DCA· 1959-05-21 ·cited 15×
  A widow as beneficiary under a life insurance policy sought double indemnity benefits, alleging her husband's death resulted from accidental injury. The trial court instructed the jury that the beneficiary bore the burden of negating all policy exceptions—including suicide and di
• O'Leary v. United States Lines Co.
  215 F.2d 708· 1st Cir.· 1954-09-01 ·cited 15×
  The court held that there was insufficient evidence to find the shipowner causally negligent under either state or maritime law, and affirmed the directed verdict.
• Morway v. Bondi
  203 F.2d 742· C.C.P.A.· 1953-04-15 ·cited 15×
  The court affirmed the Board of Interference Examiners' decision, holding that the junior party (Morway et al.) failed to establish an actual reduction to practice prior to the senior party's (Bondi) constructive reduction to practice and also failed to demonstrate reasonable dil
• Mallory v. Edgar
  128 Fla. 812· Fla.· 1937-07-20 ·cited 15×
  A husband sued to recover damages for alienation of his wife's affection by a wealthy young man he met in Miami. The jury awarded $35,000, but the Florida Supreme Court reversed and remanded for a new trial, finding that inadmissible evidence, improper jury instructions, and exce
• Hollingsworth v. Jewett L. Norris
  77 Fla. 498· Fla.· 1919-04-21 ·cited 15×
  Norris sued Hollingsworth for commission on a real estate exchange. The trial court entered judgment for Norris based on his declared contract terms, but the Florida Supreme Court reversed, finding the evidence established a different contract than alleged in the declaration, and
• State v. Garcia
  346 So. 3d 581· Fla.· 2022-08-25 ·cited 14×
  The Florida Supreme Court reversed the Fourth District Court of Appeal's decision requiring resentencing of Tony Garcia for arson conviction. The court held that while Garcia's trial counsel failed to preserve an objection to the trial court's consideration of post-arrest miscond
• Arauz v. State
  171 So. 3d 160· Fla. 3d DCA· 2015-07-22 ·cited 14×
  The appellate court affirmed the trial court's denial of the defendant's motion to dismiss based on the Stand Your Ground law, finding sufficient evidence supported the trial court's factual findings and legal conclusions.
• Latasia Webb v. State
  154 So. 3d 1186· Fla. 4th DCA· 2015-01-07 ·cited 14×
  The court held that the trial court erred in revoking probation based solely on hearsay evidence for violations of conditions 3 and 18.
• S. Fla. Water Mgmt. Dist. v. RLI Live OAK, LLC
  139 So. 3d 869· Fla.· 2014-05-22 ·cited 14×
  The Florida Supreme Court clarified that state agencies pursuing civil penalties in circuit court under the Florida Water Resources Act must prove violations by a preponderance of the evidence, not clear and convincing evidence. The Court distinguished between administrative fine
• Fernandez v. State
  98 So. 3d 730· Fla. 2d DCA· 2012-10-10 ·cited 14×
  Louis Fernandez appeals a restitution order for $28,000 following his burglary conviction. The court reverses because the evidence presented—mere lists of items and speculative victim testimony about jewelry quality—was insufficient to support the restitution amount and did not e
• State v. Ford
  48 So. 3d 948· Fla. 3d DCA· 2010-12-01 ·cited 14×·via Burden Of Proof By Preponderance Of The Evidence
  The State appealed a trial court's downward departure from sentencing guidelines in a burglary case. The court sentenced the defendant to probation based on his need for specialized mental health treatment, but the appellate court reversed because the defendant failed to establis
• Gray v. State
  13 So. 3d 114· Fla. 5th DCA· 2009-05-29 ·cited 14×
  The Fifth District Court of Appeal addresses a motion to certify a question of great public importance regarding the proper procedure, burden of proof allocation, and standard of proof for determining self-defense immunity claims under Florida's 'stand your ground' law (§ 776.032
• State v. Gatto
  979 So. 2d 1232· Fla. 4th DCA· 2008-04-30 ·cited 14×
  The State appealed a downward departure sentence granted to Dominick Gatto under Florida Statutes section 921.0026(2)(d), which permits below-guideline sentences when a defendant requires specialized mental health treatment unavailable in prison. The court reversed, holding that
• J.C. v. Fla. Dep't of Child. & Fam. Servs.
  937 So. 2d 184· Fla. 3d DCA· 2006-08-23 ·cited 14×
  A Florida appellate court affirmed a trial court's adjudication that two children were dependent based on neglect and risk of imminent abuse, where the father conducted drug transactions from the property and maintained an unsecured firearm in the home while the children lived th
• M.S. v. State
  927 So. 2d 1044· Fla. 2d DCA· 2006-05-10 ·cited 14×
  A trial court must state specific reasons for departing from the Department of Juvenile Justice's recommendation regarding a juvenile's restrictiveness level, and these reasons must address how the chosen level serves the child's needs.
• Maglio v. State
  918 So. 2d 369· Fla. 4th DCA· 2005-12-21 ·cited 14×
  Daniel Maglio appeals his jury conviction for second degree murder and life sentence. The Fourth District Court of Appeal affirmed, finding sufficient circumstantial evidence that Maglio committed the murder and that the trial court properly denied his motion for judgment of acqu
• A.J. v. State
  826 So. 2d 528· Fla. 5th DCA· 2002-09-27 ·cited 14×
  A.J., a juvenile with a history of violent offenses, appeals the trial court's decision to commit her to a high-risk residential program instead of the Department of Juvenile Justice's recommended moderate-risk program. The Fifth District Court of Appeal affirmed, holding that th
• Children v. Dep't of Child. & Fam. Servs.
  820 So. 2d 980· Fla. 4th DCA· 2002-06-05 ·cited 14×
  Florida appellate court affirmed a dependency finding for three young children after the nine-month-old girl suffered unexplained anal trauma consistent with sexual abuse while in parental care. The court upheld dependency for both parents despite the father's absence claim, and
• Smith v. State
  771 So. 2d 1189· Fla. 5th DCA· 2000-10-13 ·cited 14×
  The court held that the felony petit theft conviction must be reversed because the prior convictions were not properly alleged in the charging document and proven. The burglary and drug paraphernalia convictions were affirmed.
• State v. Jacline Rose Knopp
  765 So. 2d 164· Fla. 2d DCA· 2000-06-30 ·cited 14×
  The State appealed a downward departure sentence imposed on Jacline Knopp for violating probation on a first-degree robbery conviction. The court reversed because the trial court's departure sentence lacked competent substantial evidence to support it, requiring the defense to pr
• Rothery v. State
  757 So. 2d 1256· Fla. 5th DCA· 2000-05-12 ·cited 14×
  The court held that the revocation of probation was improper because the defendant did not willfully violate a special condition, as the rule was not clearly communicated to him and its application to his former stepdaughter was ambiguous.
• Pierce v. State
  671 So. 2d 186· Fla. 4th DCA· 1996-03-13 ·cited 14×
  Kenneth Pierce appeals his conviction for vehicular homicide and related charges stemming from a fatal hit-and-run accident involving a six-year-old child. The trial court admitted a computer-generated animation of the accident as a demonstrative exhibit, an issue of first impres
• Christie v. State
  652 So. 2d 932· Fla. 4th DCA· 1995-03-29 ·cited 14×
  Christie was convicted of three counts of first-degree felony murder based on aiding and abetting in a cocaine trafficking conspiracy that resulted in murders during a reverse sting operation. The appellate court affirmed the conviction, holding that independent evidence establis
• Dyer v. State
  622 So. 2d 1158· Fla. 5th DCA· 1993-08-20 ·cited 14×
  Shane Dyer appeals a restitution order requiring him to pay $1,500 for a ring allegedly missing from a vehicle he stole. The appellate court reversed, holding that the State failed to present sufficient evidence that Dyer's theft of the vehicle directly or indirectly caused the l
• In the Interest of D.F.
  622 So. 2d 1102· Fla. 1st DCA· 1993-08-10 ·cited 14×
  The Florida First District Court of Appeal reviewed whether Section 39.464(4) is unconstitutional for failing to require HRS to plead egregious abuse in dependency petitions and failing to mandate counsel appointment at dependency hearings involving egregious abuse allegations. T
• United States v. Belletiere
  971 F.2d 961· 3d Cir.· 1992-07-22 ·cited 14×
  The court held that an adjustment under U.S.S.G. § 3C1.1 could not be based on the defendant's alleged false statement to the probation officer that he did not use drugs, as the statement was not material to the probation officer's investigation.