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

• M.H. and A.H. v. Dep't of Child. & Fam. Servs.
  977 So. 2d 755· Fla. 2d DCA· 2008-03-28 ·cited 9×
  Foster parents appealed DCF's denial of their foster care license renewal, challenging the evidentiary standard applied. The court held that DCF must prove specific misconduct allegations by a preponderance of the evidence, not merely by the competent substantial evidence standar
• R.M. v. Dep't of Child. & Families
  886 So. 2d 329· Fla. 5th DCA· 2004-11-12 ·cited 9×
  R.M. appeals the adjudication of dependency of his son based on allegations that the father posed a substantial risk of imminent abuse. The Florida Fifth District Court of Appeal affirmed, holding that the father's demonstrated propensity for violence toward the mother, combined
• Bentz v. Carroll McDANIEL and Melvene J. McDaniel
  872 So. 2d 978· Fla. 5th DCA· 2004-05-07 ·cited 9×
  The Bentzes held an easement across the McDaniels' property for river access. The trial court extinguished the easement based on adverse possession and held it did not extend to the river. The appellate court reversed, finding insufficient clear and convincing evidence of adverse
• B.D. v. Dep't of Child. & Families
  797 So. 2d 1261· Fla. 1st DCA· 2001-10-26 ·cited 9×
  A mother appeals a trial court's adjudication that her 3.5-year-old daughter is dependent, challenging whether the Department of Children and Families established a sufficient nexus between her diagnosed mental illness and danger to the child. The court reverses and remands becau
• Gilson v. State
  795 So. 2d 105· Fla. 4th DCA· 2001-08-01 ·cited 9×
  William Gilson was convicted of lewd and lascivious battery and sentenced to 101.7 months imprisonment. On appeal, he challenged the trial judge's post-conviction finding of sexual penetration—used to increase sentencing guideline points—as a violation of due process under Appren
• Ashton v. State
  790 So. 2d 1115· Fla. 5th DCA· 2001-06-01 ·cited 9×
  The court held that the trial court abused its discretion by awarding restitution for stolen cash based on hearsay evidence without sufficient proof.
• Antoine Jean-Louis v. Forfeiture OF $203
  767 So. 2d 595· Fla. 4th DCA· 2000-09-13 ·cited 9×
  In this civil forfeiture case, the court reversed the trial court's denial of standing to appellants based on a written waiver, holding that the waiver's validity must be determined through an evidentiary hearing applying constitutional due process standards before appellants can
• Smith v. State
  753 So. 2d 703· Fla. 5th DCA· 2000-03-17 ·cited 9×
  Smith appeals his conviction for armed robbery and enhanced 30-year sentence imposed under Florida's Prison Releasee Reoffender Act. The court affirms the sentence, holding that the state established by a preponderance of the evidence that Smith committed robbery within three yea
• Hamilton v. State
  746 So. 2d 512· Fla. 2d DCA· 1999-12-08 ·cited 9×
  A defendant must stipulate to qualifying as a prison releasee reoffender for the state to waive the requirement of proving such status.
• McNEILL v. Pinellas Cnty. Sch. Bd.
  678 So. 2d 476· Fla. 2d DCA· 1996-08-16 ·cited 9×
  Richard McNeill appeals his termination by the Pinellas County School Board for immoral conduct. The court reversed the School Board's dismissal, finding insufficient evidence that McNeill's conduct impaired his effectiveness in the community—a required element of the immoral con
• United States v. Bernardo Louisiano Navarro
  979 F.2d 786· 9th Cir.· 1992-11-16 ·cited 9×
  The court held that the district court erred in applying the Sentencing Guidelines by failing to make factual determinations of relevant sentencing factors, specifically the amount of drugs attributable to the defendant.
• Rowland v. State
  583 So. 2d 813· Fla. 2d DCA· 1991-08-14 ·cited 9×
  The court held that the trial court erred by failing to make the required findings under section 775.084(3)(d), Florida Statutes, before imposing a habitual offender sentence.
• United States v. Piedrahita-Santiago
  931 F.2d 127· 1st Cir.· 1991-04-23 ·cited 9×
  The court held that the district court properly exercised jurisdiction and that the evidence was sufficient to convict the appellants of drug possession on a stateless vessel, and affirmed the sentences.
• United States v. Schmit
  881 F.2d 608· 9th Cir.· 1989-07-26 ·cited 9×
  The court held that a tape-recorded statement and calendar notes were admissible as statements by a coconspirator under Fed.R.Evid. 801(d)(2)(E) because sufficient evidence showed they were made during and in furtherance of the conspiracy. The court also vacated the fee assessmen
• United States v. Marshall
  856 F.2d 896· 7th Cir.· 1988-09-02 ·cited 9×
  The court held that the statute of limitations for fleeing from justice requires proof of intent to avoid arrest or prosecution, and that the trial court's finding of such intent was not clearly erroneous.
• In re Fid. Holding Co., Ltd. v. The Official Unsecured Creditors' Comm.
  837 F.2d 696· 5th Cir.· 1988-02-17 ·cited 9×
  The court held that the bankruptcy court correctly applied the burden of proof standard under Bankruptcy Rule 301(b) and that the evidence presented by the Committee was sufficient to rebut the State's prima facie case.
• United States v. J.C. Vortis
  785 F.2d 327· D.C. Cir.· 1986-02-28 ·cited 9×
  The court held that the preponderance of the evidence standard, not clear and convincing evidence, applies to findings of risk of flight for pretrial detention. The court affirmed detention in one case and remanded the other for proper written findings.
• United States v. One 1977 36 Foot Cigarette Ocean Racer
  624 F. Supp. 290· S.D. Fla.· 1985-12-10 ·cited 9×
  The court held that the claimant failed to prove the innocent owner defense by a preponderance of the evidence, and the vessel was subject to forfeiture.
• Talmadge Henderson Perry v. United States
  755 F.2d 888· 11th Cir.· 1985-03-20 ·cited 9×
  The court held that the plaintiff failed to prove by a preponderance of the evidence that the swine flu vaccine caused his injuries.
• Pride v. Estelle
  649 F.2d 324· 5th Cir.· 1981-06-30 ·cited 9×
  The court held that post-trial evidence created a real, substantial, and legitimate doubt as to the petitioner's competency to stand trial, warranting a federal evidentiary hearing.
• EA Shipping Co., Inc. v. Bazemore
  617 F.2d 136· 5th Cir.· 1980-05-16 ·cited 9×
  The court held that the master's actual knowledge of cocaine on board the vessel precluded the common carrier exception to forfeiture, even if the vessel was a common carrier.
• Hebah v. The United States
  456 F.2d 696· Ct. Cl.· 1972-03-17 ·cited 9×
  The dissenting judge would hold that the plaintiff is entitled to recover damages, disagreeing with the majority's conclusion that the shooting was reasonable.
• Leola Scott v. Midyette-Moor, Inc.
  221 So. 2d 178· Fla. 1st DCA· 1969-03-18 ·cited 9×
  In a wrongful death action arising from a stairway fall, the trial judge set aside a jury verdict for plaintiff and granted summary judgment for defendants. The appellate court held that the ceiling-height theory presented a jury question supported by sufficient evidence (measure
• Sharps v. Sharps
  214 So. 2d 492· Fla. 3d DCA· 1968-10-08 ·cited 9×
  Executors of Benjamin Sharps's estate sued his widow for conversion of two checks received from a brokerage firm, alleging she deposited them in a joint account contrary to instructions to use her husband's custodial account. The appellate court affirmed the judgment for the wido
• Warwick v. Dotter
  190 So. 2d 596· Fla. 4th DCA· 1966-09-28 ·cited 9×
  A law firm appeals from a malpractice judgment after failing to appear at a client's divorce trial, resulting in an adverse judgment. The appellants challenge the use of expert testimony and hypothetical questions to establish damages, but the court affirms the judgment for faili
• Cmty. Nat'l Bank OF BAL Harbour v. Burt
  183 So. 2d 731· Fla. 3d DCA· 1966-03-08 ·cited 9×
  Harry M. Burt sued Community National Bank for malicious prosecution after the Bank sued him on a promissory note guaranty. The trial court entered judgment for Burt, but the appellate court reversed, holding that Burt failed to prove the essential element of lack of probable cau
• Cent. Hanover Bank & Tr. Co. v. Smith
  134 Fla. 845· Fla.· 1938-11-14 ·cited 9×
  The appellate court affirmed a lower court's decision ordering the cancellation of a mortgage. The lower court found the mortgage had been paid, despite the defendant's claim it was a valid, unpaid lien. The appellate court deferred to the lower court's factual findings based on
• Hobbs v. Cheyney
  62 Fla. 214· Fla.· 1911-06-01 ·cited 9×
  Hobbs sued Cheyney for unpaid commissions from procuring a land purchaser, but a jury verdict in his favor was set aside when the trial judge granted a motion for new trial, finding the verdict unsupported by the evidence and that the jury disregarded instructions on contract for
• Cooke v. USAA Gen. Indem. Co.
  M.D. Fla.· 2025-01-30 ·cited 8×
  The court held that the defendant failed to meet its burden of proving by a preponderance of the evidence that the amount in controversy exceeded $75,000, requiring remand.
• Rollins v. Rollins
  336 So. 3d 1241· Fla. 5th DCA· 2022-03-17 ·cited 8×·via Burden Of Proof By Preponderance Of The Evidence
  Lindsay Rollins appealed the denial of an injunction for protection against sexual violence under Florida law. The trial court found both parties credible but determined that Ms. Rollins failed to meet her burden of proving by a preponderance of the evidence that sexual violence
• State v. Saunders
  46 Fla. L. Weekly D995· Fla. 2d DCA· 2021-07-07 ·cited 8×
  The State appealed sentences of time served for felony petit theft convictions, arguing they were downward departures without a valid basis. The appellate court agreed, finding no legal justification or factual support for the sentences imposed over the State's objection.
• United States v. Stein
  964 F.3d 1313· 11th Cir.· 2020-07-13 ·cited 8×
  The court held that the district court properly addressed the limited scope of the remand by recalculating the loss amount based on investor reliance and intervening events, and that new claims raised by the defendant were outside the scope of the remand and barred by the law of
• United States v. Sheffield
  939 F.3d 1274· 11th Cir.· 2019-10-01 ·cited 8×
  The Eleventh Circuit held that the restitution order must be set aside because the government's evidence of loss was demonstrably inaccurate and the actual loss amount was definite and easy to calculate.
• Kovalsky v. State
  220 So. 3d 1192· Fla. 4th DCA· 2017-05-31 ·cited 8×
  Brian Kovalsky appeals the trial court's denial of his motion for downward departure in a child pornography case. The appellate court reversed, finding the trial court erred at step one of the downward departure analysis by incorrectly concluding that Avoidant Personality Disorde
• Sterling Allen Johnson v. State
  219 So. 3d 167· Fla. 1st DCA· 2017-05-05 ·cited 8×
  Sterling Johnson was convicted of fleeing a law enforcement officer and sentenced to five years in prison, despite having a sentencing scoresheet below the threshold requiring a non-prison sanction. The court vacated the sentence because the trial court's written findings failed
• Hooker v. Hooker
  220 So. 3d 397· Fla.· 2017-03-30 ·cited 8×
  The Florida Supreme Court resolved a conflict among district courts regarding the proper standard of review for trial court findings on whether property constitutes an interspousal gift in divorce proceedings. The court held that appellate courts must apply the "competent, substa
• Childers v. State
  171 So. 3d 170· Fla. 1st DCA· 2015-07-27 ·cited 8×
  Anthony Paul Childers appealed his 57.6-month guidelines sentence for failure to register as a sex offender, arguing the trial court erroneously rejected his request for a downward departure sentence based on severe medical conditions. The First District reversed and remanded for
• Gennette v. State
  124 So. 3d 273· Fla. 1st DCA· 2013-09-13 ·cited 8×
  Edwin Gennette appeals his conviction for unlawful use of a two-way communications device to facilitate a felony, arguing entrapment as a defense. The court reverses his conviction, finding that undisputed facts established entrapment under Florida law where a government agent pe
• David v. State
  75 So. 3d 386· Fla. 1st DCA· 2011-11-30 ·cited 8×
  Phillip B. David appealed the revocation of his sex offender probation after being found at a computer in a public library. The court affirmed the violation of the condition prohibiting computer access but reversed the violation of the condition prohibiting sexually explicit mate
• Fusco v. Victoria's Secret Stores, LLC
  806 F. Supp. 2d 1240· M.D. Fla.· 2011-08-19 ·cited 8×
  The court held that the defendant failed to meet its burden of proving the amount in controversy exceeded the jurisdictional threshold, and therefore, the case should be remanded.
• State v. Tressie Hall
  47 So. 3d 361· Fla. 2d DCA· 2010-11-05 ·cited 8×
  Florida appealed downward departure sentences imposed on Tressie Hall following her no contest plea to two counts of grand theft. The court held that the trial judge's stated grounds for departure—that Hall's minimum permissible sentence exceeded the statutory maximum and that sh
• State v. Shields
  31 So. 3d 281· Fla. 2d DCA· 2010-03-31 ·cited 8×
  The State appealed a restitution order in a case where the defendant pleaded guilty to reckless driving and leaving the scene of an accident that injured his motorcycle passenger. The court had awarded only $14,191.28 in restitution despite evidence of over $91,000 in victim expe
• Govoni v. State
  17 So. 3d 809· Fla. 4th DCA· 2009-08-19 ·cited 8×
  When Rule 3.190(c)(4) is used to raise a statutory immunity claim under Florida section 776.032, a motion to dismiss must be denied if the defendant's factual allegations are contradicted by the state's traverse, placing essential material facts in dispute.
• State v. Navarro
  19 So. 3d 370· Fla. 2d DCA· 2009-05-22 ·cited 8×
  The State appeals a circuit court's suppression order following a consent search. The appellate court reverses, holding that knock-and-talk encounters do not require probable cause or reasonable suspicion and that the circuit court applied the wrong burden of proof (clear and con
• E.A.R. v. State
  975 So. 2d 610· Fla. 4th DCA· 2008-03-05 ·cited 8×
  The Florida Fourth District Court of Appeal addresses whether a trial court must specifically articulate how the characteristics of a different restrictiveness level address a juvenile's needs when sentencing a juvenile to a level different from the Department of Juvenile Justice
• BNP Paribas v. Wynne
  967 So. 2d 1065· Fla. 4th DCA· 2007-11-07 ·cited 8×
  BNP Paribas sought review of an order compelling its vice president to answer questions allegedly protected by attorney-client privilege in a garnishment dispute. The trial court invoked the crime-fraud exception to abrogate the privilege without conducting a proper evidentiary h
• Walker v. State
  966 So. 2d 1004· Fla. 5th DCA· 2007-10-12 ·cited 8×
  Willie Walker appeals the revocation of his probation for attempted sexual battery on a child. The appellate court reversed, finding that the trial court abused its discretion because Walker had not yet violated the 48-hour reporting requirement for sex offenders at the time char
• State v. Williams
  963 So. 2d 281· Fla. 4th DCA· 2007-08-01 ·cited 8×
  Florida appealed a downward departure sentence imposed by the trial court for a defendant convicted of felony driving while license revoked as a habitual offender. The appellate court held that the trial court erred in granting the downward departure because no competent evidence
• Naki Harris v. State
  959 So. 2d 794· Fla. 2d DCA· 2007-06-22 ·cited 8×
  Naki Harris appeals his convictions and sentences for possession of cocaine and marijuana. The appellate court affirms the convictions without comment and affirms the sentences, finding that even if the trial judge improperly expressed surprise at the jury's verdict during senten
• Pavilion Apts. & Claims Ctr. v. Wetherington
  943 So. 2d 226· Fla. 1st DCA· 2006-11-06 ·cited 8×·via Burden Of Proof By Preponderance Of The Evidence
  Pavilion Apartments and its insurer Claims Center suspended William Wetherington's permanent total disability and medical benefits, claiming he committed workers' compensation fraud by making false statements during a deposition. The court affirmed the lower court's finding that