Preponderance Of The Evidence

3,086 Florida cases classified under this topic, plus 56 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Duke Labs., Inc.
  337 F.2d 280· 2d Cir.· 1964-10-07 ·cited 12×
  The court held that the jury instructions, when viewed in their entirety, adequately conveyed the law regarding the purpose of accumulated earnings, and the jury's verdict was supported by the evidence.
• Atlas Subsidiaries OF Fla., Inc. v. O. & O. Inc.
  166 So. 2d 458· Fla. 1st DCA· 1964-07-02 ·cited 12×
  Atlas Subsidiaries and Atlas Credit Corporation appealed a judgment finding them guilty of usury for making a loan at over 25% interest disguised through a sham corporate entity. The trial court voided the note and mortgage, ordered forfeiture of all payments, and awarded judgmen
• Condermann v. Potter
  126 So. 2d 743· Fla. 3d DCA· 1961-02-13 ·cited 12×
  The Florida Real Estate Commission suspended Condermann's brokerage registration for six months based on fraud findings. The circuit court reversed, finding the charges unproven by a preponderance of the evidence. The District Court of Appeal affirmed the circuit court's reversal
• Furness v. Carter
  281 F.2d 264· 9th Cir.· 1960-07-11 ·cited 12×
  The court held that the doctrine of res ipsa loquitur was applicable, and the trial court's finding of negligence based on this inference was not clearly erroneous.
• Rexall Drug Co. v. Nihill
  276 F.2d 637· 9th Cir.· 1960-03-03 ·cited 12×
  The court held that the evidence was insufficient to establish proximate cause, and the jury's finding of causation rested on speculation.
• Eldon C. Odekirk v. Sears Roebuck & Co.
  274 F.2d 441· 7th Cir.· 1960-02-05 ·cited 12×
  The court held that the jury's finding of 100% contributory negligence on the part of the plaintiff was supported by ample evidence and that the trial court's jury instructions were not prejudicial.
• Angelina Cas. Co. v. Bland Bluitt
  235 F.2d 764· 5th Cir.· 1956-06-30 ·cited 12×
  The court held that there was sufficient evidence to support the jury's findings regarding the plaintiff's incapacity due to his back condition, and that the jury instructions adequately addressed the issue of pre-existing conditions and aggravation.
• Young v. Bullitt
  233 F.2d 347· C.C.P.A.· 1956-05-15 ·cited 12×
  The court held that the evidence was sufficient to establish with reasonable certainty that the junior party produced bis(heptafluorobutyryl) peroxide, entitling them to priority of invention.
• Scarborough v. Atl. Coast Line R. Co.
  202 F.2d 84· 4th Cir.· 1953-02-17 ·cited 12×
  The court held that the district court erred by instructing the jury that fraud must be proven to toll the statute of limitations under the Federal Employers' Liability Act, and by failing to clarify jury confusion on this point.
• Camerlin v. N.Y. Cent. R. Co.
  199 F.2d 698· 1st Cir.· 1952-11-12 ·cited 12×
  A release signed by an employee under the Federal Employers' Liability Act is void if induced by deliberately false and material statements by the railroad's representatives, or by a material mistake of law caused by justifiable reliance on an innocent misrepresentation of law by
• Sorg v. Royal
  41 So. 2d 317· Fla.· 1949-06-21 ·cited 12×
  The court held that a jury verdict awarding damages that is demonstrably less than the plaintiff's proven actual losses is inadequate and warrants a new trial on damages.
• C. C. Co. v. United States
  147 F.2d 820· 5th Cir.· 1944-10-30 ·cited 12×
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2016-01
  213 So. 3d 680· Fla.· 2017-03-09 ·cited 11×
  The Florida Supreme Court approved amendments to seven existing standard criminal jury instructions and adopted two new instructions regarding insanity, attempt, solicitation, conspiracy, manslaughter, and domestic violence pretrial release violations. The Court authorized these
• State v. Wheeler
  180 So. 3d 1117· Fla. 5th DCA· 2015-12-04 ·cited 11×
  A downward departure sentence based on a victim's need for restitution is improper without competent, substantial evidence demonstrating that the victim's need outweighs the need for incarceration.
• Prof'l Roofing & Sales, Inc. v. Flemmings
  138 So. 3d 524· Fla. 3d DCA· 2014-04-30 ·cited 11×
  Professional Roofing and Jose Alvarez sought immunity from civil liability under Florida's Stand Your Ground Law after a criminal court dismissed aggravated battery charges against Alvarez for striking a former employee with a baseball bat. The court held that while res judicata
• Francisco and Sonia Pages v. Seliman-Tapia
  134 So. 3d 536· Fla. 3d DCA· 2014-03-12 ·cited 11×
  Dr. and Mrs. Pages appealed a trial court's dismissal of their civil battery and assault claims against Tapia based on Florida's Stand Your Ground law. The court affirmed, holding that Tapia was entitled to immunity under section 776.012 because he reasonably believed non-deadly
• McDANIEL v. State
  24 So. 3d 654· Fla. 2d DCA· 2009-12-11 ·cited 11×
  Harold McDaniel was convicted of aggravated battery with a deadly weapon after striking a victim with a machete. The appellate court reversed his conviction and remanded for a new hearing on his motion to dismiss, holding that the trial court applied the wrong legal standard when
• Titus L. Bellot v. State
  964 So. 2d 857· Fla. 2d DCA· 2007-09-19 ·cited 11×
  Appellant Bellot pleaded no contest to armed trespass, resisting an officer, and attempted robbery. He appeals a restitution order requiring him to pay $22,679.85 in medical bills for the victim. The court affirms only the $536 ambulance charge but reverses the remainder due to i
• S.A. v. Dep't of Child. & Fam. Servs.
  961 So. 2d 1066· Fla. 3d DCA· 2007-07-25 ·cited 11×
  S.A. appeals from a trial court's order adjudicating her two children dependent. The appellate court affirms, finding that although the trial court committed procedural errors in allowing testimony by telephone without all parties' consent and in calling an unlisted expert witnes
• Clarendon Am. Ins. v. Miami River Club, Inc.
  417 F. Supp. 2d 1309· S.D. Fla.· 2006-01-13 ·cited 11×
  The court held that the assault and battery exclusion and the breach of representations and warranties endorsement precluded coverage, and thus Clarendon had no duty to defend or indemnify its insureds.
• Miller v. State
  833 So. 2d 318· Fla. 2d DCA· 2003-01-03 ·cited 11×
  Bonnie Miller appealed a restitution order requiring her to pay $10,000 for a stolen coin collection. The Florida appellate court reversed, finding that hearsay testimony from the victim's son was insufficient to establish the amount of loss, and that the trial court erred by con
• V.G. v. Dep't of Child. & Families
  813 So. 2d 298· Fla. 5th DCA· 2002-04-19 ·cited 11×
  V.G. appeals from adjudication and disposition orders finding her daughter C.E. dependent due to neglect. The trial court found that V.G. delayed seeking medical treatment for several days after her ten-month-old daughter suffered a broken arm, and the appellate court affirmed ba
• C.C. "Doc" Dockery v. Florida Democratic Party
  799 So. 2d 291· Fla. 2d DCA· 2001-10-03 ·cited 11×
  C.C. 'Doc' Dockery, a public figure, appealed a summary judgment dismissing his defamation action against the Florida Democratic Party (FDP) for political circulars stating he owed $515,262 in unpaid taxes. The court affirmed the summary judgment, holding that FDP's reliance on t
• M.R. & J.R. v. Dep't of Child. & Fam. Servs.
  783 So. 2d 277· Fla. 3d DCA· 2001-01-10 ·cited 11×
  Where a trial court finds by a preponderance of the evidence that children were abused and that both parents failed to protect them from such abuse or future abuse, the adjudication of dependency is proper and must be affirmed if supported by competent evidence.
• Hendershaw v. The Est. OF David C. Hendershaw
  763 So. 2d 482· Fla. 4th DCA· 2000-07-05 ·cited 11×
  The appellate court affirmed the trial court's decision to admit the will to probate, finding that the appellants failed to meet their burden of proving lack of testamentary capacity.
• Maricella Haddad v. Cura
  674 So. 2d 168· Fla. 3d DCA· 1996-05-08 ·cited 11×
  Maricella Haddad appeals the trial court's denial of her motion for treble damages under Florida's Civil Damages for Criminal Practices Act against dentist Jose Cura, who obtained his license through misrepresentation. The court affirmed, holding that treble damages require proof
• Lamon v. City OF Shawnee
  972 F.2d 1145· 10th Cir.· 1992-08-10 ·cited 11×
  The court held that the City's adoption of a 28-day work period under FLSA § 207(k) was sufficient to make its provisions available, and that meal period compensation should be at the regular hourly rate if total hours do not exceed the overtime threshold.
• Boit v. Gar-Tec Prods., Inc.
  967 F.2d 671· 1st Cir.· 1992-06-05 ·cited 11×
  The court held that the plaintiffs failed to make a prima facie showing of personal jurisdiction because they did not provide sufficient evidence that the defendant sold the product at issue to a distributor who then sold it within the forum state.
• In re Yanks v. Yanks
  931 F.2d 42· 11th Cir.· 1991-05-13 ·cited 11×
  The court held that a prior state court defamation judgment, which included a finding of malice, has collateral estoppel effect in a federal bankruptcy proceeding to prevent discharge of the debt under 11 U.S.C. § 523(a)(6).
• Lenorris Hardy v. Dep't of Health & Rehabilitative Servs.
  568 So. 2d 1314· Fla. 5th DCA· 1990-10-25 ·cited 11×
  Parents appealed an order adjudicating their three-year-old son dependent and placing him in foster care, claiming insufficient evidence of neglect and inadequate factual findings. The Florida appellate court affirmed, holding that the child's failure to thrive despite ruling out
• Yamaha Int'l Corp. v. Hoshino Gakki Co., Ltd.
  840 F.2d 1572· Fed. Cir.· 1988-03-07 ·cited 11×
  The court held that the Trademark Trial and Appeal Board correctly dismissed Yamaha's oppositions, finding Hoshino's evidence sufficient to establish acquired distinctiveness for its guitar head designs.
• United States v. Medina
  775 F.2d 1398· 11th Cir.· 1985-10-18 ·cited 11×
  The court held that the Bail Reform Act of 1984 permits pretrial detention hearings to be held after a defendant's first appearance if a continuance is granted, and that the statutory presumption of detention does not violate constitutional rights when applied after a probable ca
• Marks v. State
  416 So. 2d 872· Fla. 5th DCA· 1982-07-14 ·cited 11×
  Mary Marks appeals the forfeiture of her 1979 Pontiac Trans Am, which was driven by Leo Dukes when he committed aggravated assault. The court affirms the forfeiture order, holding that vehicles used as instrumentalities in committing felonies are subject to forfeiture under Flori
• Mrs. Winnie Gardner v. Wilkinson
  643 F.2d 1135· 5th Cir.· 1981-04-27 ·cited 11×
  The court held that contradictory jury instructions on the standard of proof for arson require reversal and a new trial.
• Mrs. Lucille Jurisich Breeland v. Hide-A-Way Lake, Inc.
  593 F.2d 22· 5th Cir.· 1979-04-13 ·cited 11×
  The court reaffirmed its prior holdings on the long-arm statute and fraud, but vacated and substituted language regarding specific performance and cost taxation, remanding for specific findings on those issues.
• Colonnades, Inc. v. Florida Dept. of Commerce
  357 So. 2d 238· Fla. 1st DCA· 1978-04-05 ·cited 11×
  Colonnades, Inc. challenges the Industrial Relations Commission's determination that its appeal of an unemployment benefits claim was untimely filed. The court reverses and remands because the Department of Commerce failed to prove by preponderance of evidence that the notice ini
• United States v. Williams
  475 F.2d 355· D.C. Cir.· 1973-01-31 ·cited 11×
  The court held that applying the new burden of proof for insanity retroactively violated the ex post facto clause of the Constitution.
• Gale H. Johnson v. Bennett
  414 F.2d 50· 8th Cir.· 1969-07-17 ·cited 11×
• Tompkins v. Montague Rosenberg
  194 So. 2d 688· Fla. 3d DCA· 1967-02-07 ·cited 11×
  Plaintiff Tompkins appealed a summary judgment order favoring defendant Rosenberg in an escrow dispute. The court reversed, holding that Rosenberg failed to meet his burden as the moving party to conclusively eliminate all material factual issues, particularly regarding his relat
• Tamiami Trail Tours, Inc. v. Locke
  75 So. 2d 586· Fla.· 1954-11-02 ·cited 11×
  Tamiami Trail Tours appeals the trial court's judgment denying recovery for damage to a semi-trailer that became uncoupled during towing by a repair mechanic. The Florida Supreme Court reversed, holding that the doctrine of res ipsa loquitur applied and entitled the plaintiff to
• Jewell Powell v. Wilson Lumber Co.
  115 Fla. 13· Fla.· 1934-05-23 ·cited 11×
  This case involves a personal injury claim arising from an automobile accident. The plaintiff sued the defendant lumber company, alleging its employee negligently grabbed the steering wheel of a company car driven by the plaintiff, causing the accident. The jury found for the def
• Martinez v. Lobster Haven, LLC
  320 So. 3d 873· Fla. 2d DCA· 2021-05-05 ·cited 10×
  The appellate court reversed a trial court's decision to grant a directed verdict for the defendant, Lobster Haven, LLC. The court found that Lobster Haven waived its right to a directed verdict by failing to move for one during the second trial and that the trial court erred in
• Spires v. State
  180 So. 3d 1175· Fla. 3d DCA· 2015-12-09 ·cited 10×·via Burden Of Proof By Preponderance Of The Evidence
  Xavier Spires petitioned for a writ of prohibition after the trial court denied his motion to dismiss charges based on Florida's Stand Your Ground law. The court affirmed the denial, finding that conflicting evidence and competent substantial evidence contradicted Spires' self-de
• Fla. Dep't OF Child. & Families v. Y.C.
  82 So. 3d 1139· Fla. 3d DCA· 2012-03-07 ·cited 10×
  The Florida Department of Children and Families appeals an order requiring it to provide dependency services after a mother filed a petition against herself and was found in default, resulting in an order of dependency with no hearing or evidence. The court holds that a parent ca
• State v. Massingill
  77 So. 3d 677· Fla. 3d DCA· 2011-11-02 ·cited 10×
  The State of Florida appealed orders granting downward departures from sentencing guidelines for two co-defendants convicted of aggravated abuse and neglect of an elderly victim. The court reversed both orders, finding that the State was denied due process by lacking adequate not
• State v. Hunter
  65 So. 3d 1123· Fla. 4th DCA· 2011-07-06 ·cited 10×
  Florida appeals a trial court's downward departure sentence based on the defendant's medical condition. The court affirms, holding that competent substantial evidence supported findings that the defendant was amenable to treatment and that specialized treatment was unavailable in
• United States v. Martinez
  584 F.3d 1022· 11th Cir.· 2009-10-05 ·cited 10×
  Hector Martinez appealed his 78-month sentence for conspiracy to distribute marijuana, challenging the district court's imposition of a four-level role enhancement under U.S.S.G. § 3B1.1(a) for being an organizer or leader. The Eleventh Circuit held that the district court clearl
• Ingmire v. State
  9 So. 3d 1278· Fla. 2d DCA· 2009-05-06 ·cited 10×
  Gary Ingmire appeals his fifteen-year prison sentence, arguing the trial court erred in finding his failure to appear at sentencing was willful under his plea agreement. The appellate court reversed, holding that the State presented insufficient evidence of willfulness and that I
• Mirras v. Time Ins.
  578 F. Supp. 2d 1351· M.D. Fla.· 2008-09-16 ·cited 10×
  The court held that attorney's fees awarded by statute are included in the amount in controversy for diversity jurisdiction purposes.
• Kanecia Campbell v. State
  939 So. 2d 242· Fla. 1st DCA· 2006-10-16 ·cited 10×·via Burden Of Proof By Preponderance Of The Evidence
  Kanecia Campbell challenges the revocation of her community control based on her failure to complete a residential drug treatment program. The court reversed, holding that the State failed to prove a willful violation because Campbell was still attending the program with sufficie