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

• Mann v. Werner
  347 F.2d 636· C.C.P.A.· 1965-07-01 ·cited 14×
  The court held that the record evidence sufficiently corroborated the inventor's assertion that polybutadiene was used as a starting material, establishing actual reduction to practice prior to the appellees' filing date.
• The Prudential Ins. Co. OF Am. v. Morrow
  339 F.2d 411· 5th Cir.· 1964-12-14 ·cited 14×
  The court held that the trial court erred in rendering judgment for the beneficiary because essential jury issues regarding the deceased's eligibility for insurance coverage were not properly submitted.
• Creamer v. Kirkwood
  305 F.2d 486· C.C.P.A.· 1962-07-25 ·cited 14×
  The court held that the demonstrations of the color synchronizing circuit in 1950 constituted a reduction to practice, establishing priority of invention for Kirkwood and Torre.
• United States v. Bryan
  265 F.2d 698· 5th Cir.· 1959-04-16 ·cited 14×
  The court held that the evidence presented was sufficient to allow a jury to infer the requisite intent for forfeiture, and thus a directed verdict for the claimants was improper.
• Sydney Archer v. Domenick Papa
  265 F.2d 954· C.C.P.A.· 1959-02-11 ·cited 14×
  Tests showing a compound's utility for a step towards its ultimate intended use, even with a delay in filing, can constitute an actual reduction to practice sufficient to establish priority of invention.
• United States v. Knut Einar Heikkinen
  240 F.2d 94· 7th Cir.· 1957-01-17 ·cited 14×
  The court held that the defendant's conviction for failing to depart and failing to apply for travel documents was valid, as the deportation order was properly entered and the defendant was not denied due process.
• Ivar Jepson v. Egly
  231 F.2d 947· C.C.P.A.· 1956-04-03 ·cited 14×
  The court held that the Jepson structure did not read on the counts because it lacked a 'pair' of driven members and the necessary 'means for rotating' them. Furthermore, the court held that Jepson failed to adequately corroborate his claim of prior actual reduction to practice f
• Giacalone v. Raytheon Mfg. Co.
  222 F.2d 249· 1st Cir.· 1955-05-06 ·cited 14×
  The court affirmed the judgment, holding that the jury's verdict was properly recorded and that the plaintiff failed to preserve issues regarding jury instructions and the application of res ipsa loquitur.
• Fegles Const. Co. v. McLaughlin Const. Co.
  205 F.2d 637· 9th Cir.· 1953-06-11 ·cited 14×
  The court held that the evidence was sufficient to support the trial court's findings of negligence and that the general rule of non-liability for independent contractors did not apply to inherently dangerous work.
• Scott v. United States
  161 F.2d 1009· 6th Cir.· 1947-06-03 ·cited 14×
  A directed verdict is improper when there is substantial evidence of fraud or misrepresentation in procuring an option contract, as the issue of validity must be submitted to the jury.
• Atkinson v. New Britain Mach. Co.
  154 F.2d 895· 7th Cir.· 1946-04-09 ·cited 14×
  A "dollar-a-year" government employee cannot receive commissions from a private company on sales made to the government, even if they claim to have refrained from influencing the sale, as such an arrangement is against public policy.
• Chandler v. Mock
  150 F.2d 563· C.C.P.A.· 1945-06-22 ·cited 14×
  The court held that the appellant failed to establish reduction to practice of his invention prior to the appellee's filing date and lacked diligence, thus the appellee was entitled to priority.
• City of Pensacola v. Herron
  112 Fla. 742· Fla.· 1933-11-16 ·cited 14×
  The Florida Supreme Court reversed a judgment for personal injuries sustained when a pedestrian stepped into an uncovered iron water shut-off box in a city sidewalk, holding that the plaintiff failed to prove the city had actual or implied notice of the dangerous condition. The c
• Hill v. State
  246 So. 3d 392· Fla. 4th DCA· 2018-04-25 ·cited 13×
  A criminal defendant has the right to make an unsworn statement (allocution) to the sentencing judge prior to sentencing in a probation violation hearing, and the trial court violated the defendant's due process rights by denying this opportunity despite the defendant's clear req
• Davell Kavon Knight v. State
  187 So. 3d 307· Fla. 5th DCA· 2016-03-04 ·cited 13×
  Davell Knight appealed the revocation of his probation for possessing a firearm as a convicted felon. Knight claimed a necessity defense, arguing the firearm possession was justified to protect his family from armed intruders. The court affirmed the revocation, finding the trial
• Moncus v. State
  69 So. 3d 341· Fla. 4th DCA· 2011-09-07 ·cited 13×
  The court held that when prior convictions are offered for impeachment, the state only needs to prove name identity by a preponderance of the evidence, and certified copies of judgments are self-authenticating.
• Gonzalez v. State
  59 So. 3d 182· Fla. 4th DCA· 2011-03-09 ·cited 13×
  This appeal addresses whether a defendant's consent to search his home was voluntary when given while handcuffed during a lawful detention based on probable cause from the odor of marijuana. The Fourth District Court of Appeal affirmed the trial court's denial of the motion to su
• Limbaugh v. State
  16 So. 3d 954· Fla. 5th DCA· 2009-08-21 ·cited 13×
  Julie Limbaugh appeals her probation revocation for failure to pay restitution and supervision costs. The court reversed because the State presented no evidence that Limbaugh had the ability to pay, which is required to prove a willful violation of probation.
• Butler v. State
  970 So. 2d 919· Fla. 1st DCA· 2007-12-31 ·cited 13×
  The trial court erred in admitting an inadmissible hearsay estimate to determine the value of damaged property for restitution.
• State v. Teal
  831 So. 2d 1254· Fla. 2d DCA· 2002-12-13 ·cited 13×
  The Florida appellate court reversed a downward departure sentence because the trial court failed to establish sufficient evidentiary support for the departure, specifically regarding the defendant's claimed health condition. Although the court expressed reasons for the departure
• Padmore v. State
  743 So. 2d 1203· Fla. 4th DCA· 1999-11-10 ·cited 13×
  Vernon Padmore was convicted of first-degree murder, armed kidnapping, armed robbery, and grand theft. He appealed challenging his competency to stand trial, the admissibility of his post-arrest statement, and the admission of photographs at trial. The Florida Fourth District Cou
• State v. Skidmore
  755 So. 2d 647· Fla. 4th DCA· 1999-08-04 ·cited 13×
  A downward departure sentence is not justified based on the victim's wishes, the defendant's alleged lack of sophistication, or the need for anger management treatment without supporting evidence.
• Allen v. The Sch. Bd. OF Dade Cnty.
  571 So. 2d 568· Fla. 3d DCA· 1990-12-26 ·cited 13×
  The court held that the School Board acted within its statutory authority when it increased the penalty recommended by the hearing officer, and that the preponderance of the evidence standard of proof was appropriate.
• Hopkins v. Price Waterhouse
  920 F.2d 967· D.C. Cir.· 1990-12-04 ·cited 13×
  The court affirmed the district court's decision, finding that while the factual findings were questionable, they were not clearly erroneous, and the award of partnership was a permissible, albeit extraordinary, remedy under Title VII.
• U.S. Healthcare, Inc. v. Blue Cross OF Greater Philadelphia
  898 F.2d 914· 3d Cir.· 1990-03-09 ·cited 13×
  The court held that the district court erred in granting judgment for Blue Cross/Blue Shield under Rule 50(b) and in dismissing abuse of process claims, reversing those decisions.
• Friedman v. U.S. Home Corp.
  452 So. 2d 1111· Fla. 2d DCA· 1984-07-13 ·cited 13×
  The Friedmans purchased a new home with a defective concrete floor slab that failed to meet building code requirements. They rejected the builder's repair proposal and sued for damages based on breach of warranty and negligence, but the trial court found the proposed repairs were
• Stich v. United States
  730 F.2d 115· 3d Cir.· 1984-03-19 ·cited 13×
  The court held that the trial court did not abuse its discretion in admitting an expert's article and testimony despite the plaintiffs' claim of surprise, nor did it err in denying discovery of the underlying data.
• In re Est. of Grace Elizabeth Supplee v. Cooper
  247 So. 2d 488· Fla. 2d DCA· 1971-05-05 ·cited 13×
  Dorothy Boyd sought to revoke probate of her deceased stepmother's 1965 will, arguing the testator lacked capacity due to an insane delusion. The trial court found the testator executed the will during a lucid interval despite prior incompetency adjudication, and the appellate co
• State v. Browne
  187 So. 3d 377· Fla. 5th DCA· 2016-03-18 ·cited 12×·via Burden Of Proof By Preponderance Of The Evidence
  The State appealed a downward departure sentence imposed on Browne for a second probation violation. The trial court sentenced Browne to 51 weeks in county jail, below the minimum 15.15 months required by the Criminal Punishment Code, citing his youth as a mitigating factor. The
• Queior v. State
  157 So. 3d 370· Fla. 2d DCA· 2015-01-30 ·cited 12×
  Kyle Queior appeals the revocation of his probation based on an alleged violation for possessing opiates. The Second District reversed, holding that the State failed to present competent, non-hearsay evidence of drug use because the probation officer's testimony about a field tes
• Dep't of Hwy. Safety & Motor Vehicles v. Corcoran
  133 So. 3d 616· Fla. 5th DCA· 2014-03-07 ·cited 12×
  The Department of Highway Safety and Motor Vehicles challenged a circuit court's decision quashing a driver's license suspension on due process grounds after a breath test operator failed to appear at the administrative hearing. The Fifth District reversed, holding that the heari
• Artoine Jones v. State
  117 So. 3d 818· Fla. 4th DCA· 2013-06-26 ·cited 12×
  The defendant appealed the revocation of his probation based on a loitering or prowling violation. The Fourth District Court of Appeal reversed, finding that the State failed to prove by competent, substantial evidence that the defendant committed the charged offense, as the offi
• State v. Alphonse Olando Gallo
  76 So. 3d 407· Fla. 2d DCA· 2011-12-30 ·cited 12×
  The State appeals a trial court's determination that Alphonse Gallo was entitled to immunity from prosecution under Florida's 'Stand Your Ground' law for the second-degree murder of Patrick Barbour following a street gunfight. The appellate court affirms the trial court's immunit
• Norkunas v. Seahorse NB, LLC
  720 F. Supp. 2d 1313· M.D. Fla.· 2010-06-16 ·cited 12×
  The court held that a plaintiff alleging ADA violations has standing if they demonstrate a real and immediate threat of future injury, even if they are a 'tester' and their plans to return are not highly specific.
• Datoral Smith v. State
  990 So. 2d 1162· Fla. 3d DCA· 2008-09-10 ·cited 12×
  Datoral Smith appeals his convictions for robbery, false imprisonment, and burglary, as well as his sentence as a prison releasee reoffender. The Third District Court of Appeal affirms all convictions and the sentence, finding no merit in Smith's three arguments regarding prosecu
• Wachovia Bank v. Tien
  534 F. Supp. 2d 1267· S.D. Fla.· 2007-08-06 ·cited 12×
  The court held that genuine issues of material fact precluded summary judgment, requiring a trial to determine ownership of the disputed bank accounts.
• Y.P. v. Dep't of Child. & Fam. Servs.
  939 So. 2d 1118· Fla. 3d DCA· 2006-10-04 ·cited 12×·via Burden Of Proof By Preponderance Of The Evidence
  A father appeals an adjudication of his minor children as dependent based on his violent behavior and domestic abuse in the presence of the children. The Florida appellate court affirmed the dependency adjudication, holding that the evidence sufficiently established the children
• In the Interest of C.R. v. Dep't of Child. & Fam. Servs.
  937 So. 2d 1257· Fla. 2d DCA· 2006-09-29 ·cited 12×
  The Florida Second District Court of Appeal reversed dependency adjudications against both a father and mother regarding three children, holding that the evidence was legally insufficient to support findings that the mother failed to protect a child from the father's abuse or tha
• Sampson v. State
  903 So. 2d 1055· Fla. 2d DCA· 2005-06-22 ·cited 12×
  Larry Sampson appeals the revocation of his community control, arguing that the State's failure to file an affidavit of violation constitutes fundamental error. The court affirmed the revocation, holding that while the missing affidavit was error, it was not fundamental error bec
• DE LA Portilla v. State
  877 So. 2d 871· Fla. 3d DCA· 2004-07-14 ·cited 12×
  Eric de la Portilla was convicted of battery on a police officer and resisting an officer after a jury trial. He appealed arguing the trial court improperly restricted his cross-examination of police officers regarding their prior use of force investigations, but the appellate co
• A.D. v. Dep't of Child. & Families
  837 So. 2d 1078· Fla. 5th DCA· 2003-02-07 ·cited 12×
  The court held that competent, substantial evidence supported the trial court's adjudication of dependency based on the father's neglect and abuse of the child.
• Jackson v. State
  807 So. 2d 684· Fla. 2d DCA· 2001-12-21 ·cited 12×
  The court held that while one probation violation (failure to register) should be stricken, the revocation order and sentence are affirmed because the State proved two other violations by a preponderance of the evidence.
• Gonzales v. State
  780 So. 2d 266· Fla. 4th DCA· 2001-02-28 ·cited 12×
  Appellant Gonzales challenges the revocation of his probation based on an aggravated battery charge, arguing that a subsequent jury acquittal of that charge requires the revocation be set aside. The court holds that an acquittal in a criminal case does not preclude probation revo
• Dep't of Hwy. Safety & Motor Vehicles v. Krist Nikollaj
  780 So. 2d 943· Fla. 5th DCA· 2001-02-23 ·cited 12×
  The Department of Highway Safety and Motor Vehicles challenged a circuit court decision that quashed a driver's license suspension on the ground that the DUI citation's suspension reason was not clearly marked. The appellate court reversed, holding that while the citation's marki
• Fisher v. State
  722 So. 2d 873· Fla. 1st DCA· 1998-11-20 ·cited 12×
  Appellant Fisher was convicted of burglary and dealing in stolen property and challenged the restitution order requiring him to pay $4,614. The court reversed the portion of the restitution order relating to jewelry value because the victim's testimony lacked sufficient specifici
• State v. Herrick
  691 So. 2d 540· Fla. 5th DCA· 1997-04-04 ·cited 12×
  The State appealed a downward departure sentence imposed on Michael Herrick for six counts of lewd and lascivious acts in the presence of a child. The court had sentenced Herrick below the guidelines based on an alleged need for specialized treatment without evidentiary support,
• Bellamy v. State
  677 So. 2d 390· Fla. 2d DCA· 1996-07-24 ·cited 12×
  The court held that the trial court erred in departing upward from the sentencing guidelines because the stated reasons were not supported by a preponderance of the evidence.
• State v. Albritton
  664 So. 2d 1049· Fla. 2d DCA· 1995-11-29 ·cited 12×
  A consensual encounter between police and an individual does not require reasonable suspicion to request consent to search.
• Ames v. Provident Life & Accident Ins.
  942 F. Supp. 551· S.D. Fla.· 1994-08-26 ·cited 12×
  The court granted a new trial on the unjust enrichment and civil theft claims, finding the jury instructions were misleading and likely caused a miscarriage of justice, but denied the motion for JNOV on the total disability claim.
• In the Interest of G.H. III
  617 So. 2d 422· Fla. 1st DCA· 1993-04-27 ·cited 12×
  This case addresses whether a trial court must relitigate dependency findings at a termination of parental rights hearing when the dependency adjudication was made under a clear and convincing evidence standard. The court held that while Rule 8.330 allows the state to rely on pri