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

• In the Interest of S.T. v. Dep't of Child. & Fam. Servs.
  940 So. 2d 571· Fla. 2d DCA· 2006-10-27 ·cited 8×
  Mother appealed the trial court's adjudication of four children as dependent following an incident where she confronted her oldest child at school. The appellate court reversed, finding the evidence legally insufficient to support a finding of abuse or prospective abuse because t
• State v. Maritza Fernandez
  927 So. 2d 939· Fla. 3d DCA· 2006-02-22 ·cited 8×
  The State appealed the trial court's decision to impose downward departure sentences on three defendants convicted of racketeering and related offenses. The appellate court affirmed, holding that consideration of a more culpable co-defendant's lower sentence provided a legally su
• Dep't OF Health v. Merritt
  919 So. 2d 561· Fla. 1st DCA· 2006-01-05 ·cited 8×
  The Florida Department of Health and insurance industry groups challenged an administrative law judge's decision invalidating a rule that listed surface EMG testing as medically unnecessary for personal injury protection coverage. The First District Court of Appeal affirmed the i
• Vill. OF N. Palm Beach & Emp'rs Mut., Inc. v. McKALE
  911 So. 2d 1282· Fla. 1st DCA· 2005-10-06 ·cited 8×
  An employer/carrier need only prove by a preponderance of the evidence that a claimant knowingly or intentionally made any false, incomplete, or misleading statement for the purpose of obtaining workers' compensation benefits, not by clear and convincing evidence of fraud.
• Vanstraten v. State
  901 So. 2d 391· Fla. 1st DCA· 2005-05-12 ·cited 8×
  Joseph Henry Vanstraten appeals the trial court's revocation of his community control and sentence of 32.1 months' incarceration based on a violation of a condition requiring him to answer probation officers' inquiries truthfully. The appellate court affirms the revocation and se
• In the Interest of J.W. v. J.W.
  890 So. 2d 337· Fla. 2d DCA· 2004-12-10 ·cited 8×
  The Department of Children and Family Services appealed a trial court order denying its motion to place a dependent child, J.W., in a residential mental health treatment facility. The appellate court held that the correct standard of proof for such placement is clear and convinci
• Senator Alex Diaz de la Portilla v. Fla. Elections Comm'n
  857 So. 2d 913· Fla. 3d DCA· 2003-09-10 ·cited 8×
  State Senator Alex Diaz de la Portilla challenges a Florida Elections Commission order imposing $311,000 in fines for campaign finance violations during a 1999 special election. The court affirms some violations but reverses others, holding that candidates need only conduct a fac
• COX v. State
  816 So. 2d 160· Fla. 2d DCA· 2002-05-01 ·cited 8×
  Jody Cox appealed the revocation of his probation based on an alleged reckless driving violation. The court reversed the revocation, holding that the State failed to present sufficient affirmative evidence to prove Cox was the person cited for reckless driving, as mere identity o
• State v. T.L.W.
  783 So. 2d 314· Fla. 1st DCA· 2001-04-05 ·cited 8×
  The State appealed the trial court's suppression of drug evidence seized during a traffic stop, challenging the court's application of a clear and convincing evidence standard to determine whether a juvenile's consent to search was voluntary. The appellate court reversed, holding
• Retina Rybolt Poulin v. Carlos Fleming, M.D.
  782 So. 2d 452· Fla. 5th DCA· 2001-03-16 ·cited 8×
  The Poulins appealed the exclusion of expert testimony linking their child's schizencephaly to medical treatment (radiation and medications) administered to the mother during pregnancy. The court affirmed summary judgment for the defendants, holding that the expert opinions faile
• State v. Santomaso
  764 So. 2d 735· Fla. 2d DCA· 2000-06-30 ·cited 8×
  The court held that the trial court erred in imposing a downward departure sentence because the stated reasons were not supported by competent, substantial evidence in the record.
• State v. Cummings
  748 So. 2d 388· Fla. 5th DCA· 2000-01-21 ·cited 8×
  The State of Florida appeals three consolidated sentencing cases challenging downward departures from sentencing guidelines based on defendants' mental conditions. The court holds that while mental disorder-based departures must be supported by competent substantial evidence show
• Milburn v. State
  742 So. 2d 362· Fla. 2d DCA· 1999-08-18 ·cited 8×
  Michael Milburn was convicted of first-degree murder and attempted first-degree murder in the stabbing death of Anna Carter and attack on her daughter. The Florida appellate court reversed his first-degree murder conviction due to prosecutorial errors in closing argument regardin
• Garner v. State
  729 So. 2d 990· Fla. 5th DCA· 1999-03-26 ·cited 8×
  Michael Garner appeals his conviction and 30-year sentence for manslaughter of his pregnant ex-wife, challenging both the sufficiency of reasons for departing from sentencing guidelines and the admissibility of statements he made to a child protection investigator. The Florida ap
• D.B. v. Dept. OF Children AND Families
  742 So. 2d 275· Fla. 1st DCA· 1998-03-24 ·cited 8×
  A mother challenged the termination of her parental rights to her twin sons, arguing the underlying dependency order was deficient and that the trial court abused its discretion by denying her continuance request to testify. The Florida First District Court of Appeal affirmed, ho
• Davis v. State
  707 So. 2d 842· Fla. 2d DCA· 1998-02-27 ·cited 8×
  Appellant Davis challenged two restitution orders imposed after his conviction. The court affirmed the $821.90 restitution for vehicle repairs but reversed and remanded the $705.00 restitution order for personal property loss, correcting it to the $75.00 amount that was orally pr
• Cochran v. Broward Cnty. Police Benevolent Ass'n, Inc.
  693 So. 2d 134· Fla. 4th DCA· 1997-05-14 ·cited 8×
  The appellate court held that an arbitrator's use of a higher evidentiary standard than required is not a ground for vacating an arbitration award.
• Stocks v. State
  687 So. 2d 325· Fla. 5th DCA· 1997-01-31 ·cited 8×
  The court held that estimated repair costs for damages, including lost profits and unverified labor, were improperly awarded as restitution without sufficient proof.
• Bontrager v. State
  678 So. 2d 518· Fla. 1st DCA· 1996-08-28 ·cited 8×
• Owens v. State
  679 So. 2d 44· Fla. 1st DCA· 1996-08-28 ·cited 8×
  Kenneth Owens appealed a restitution order imposed after his guilty pleas to burglary and criminal mischief. The court affirmed the restitution in principle but reversed and remanded to correct mathematical errors that had inflated the restitution amount by $77.50.
• Blumetti v. Unemployment Appeals Comm'n
  675 So. 2d 689· Fla. 5th DCA· 1996-06-21 ·cited 8×
  The court held that the employee's excessive tardiness, particularly the final incident, did not constitute gross misconduct disqualifying him from unemployment benefits.
• Anne Marie Russo and Peter Russo v. Burgos
  675 So. 2d 216· Fla. 4th DCA· 1996-06-05 ·cited 8×
  The Fourth District Court of Appeal reversed dismissal of a grandparent counterpetition for custody, holding that grandparents have standing under Florida Statute 61.13(7) to seek custody when a child is residing with them in a stable relationship and a custody proceeding is alre
• Blaine Crosby and Scott Crosby v. State
  637 So. 2d 341· Fla. 2d DCA· 1994-05-27 ·cited 8×
  The court held that the trial court erred in ordering restitution without sufficient proof that the appellants' criminal conduct caused the victims' losses and in ordering an amount exceeding the appellants' ability to pay.
• Anderson v. State
  624 So. 2d 362· Fla. 1st DCA· 1993-09-17 ·cited 8×
  Anderson appealed the revocation of his probation and resulting sentence. The court reversed the revocation based on the LSD possession charge, finding insufficient evidence of constructive possession, but affirmed the finding regarding failure to pay supervision costs and remand
• Shaw v. DOW Brands, Inc.
  994 F.2d 364· 7th Cir.· 1993-05-18 ·cited 8×
  The court held that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) preempts state common law tort claims for failure to warn regarding product labeling and packaging, and that the plaintiff's prior concessions established the necessary amount in controversy for f
• Skukan v. Consolidation Coal Co.
  993 F.2d 1228· 6th Cir.· 1993-05-18 ·cited 8×
  The court held that the ALJ misconstrued evidence regarding disability causation and that the 'true doubt rule' is not violative of the Black Lung Benefits Act regulations or the Administrative Procedure Act.
• Touchton v. State
  616 So. 2d 1124· Fla. 1st DCA· 1993-04-13 ·cited 8×
  Lori Touchton pled nolo contendere to 11 counts of dealing in stolen property and challenged a restitution order requiring her to pay $38,348.17. The court reversed the restitution order because the state failed to establish by preponderance of the evidence the amount of loss cau
• United States v. Sanders
  982 F.2d 4· 1st Cir.· 1992-12-18 ·cited 8×
  The court held that the defendant's sentence was properly calculated, affirming the district court's application of sentencing guidelines and upward departure.
• United States v. Torres
  977 F.2d 321· 7th Cir.· 1992-10-08 ·cited 8×
  The court held that the district court did not abuse its discretion in admitting evidence of prior bad acts to prove intent and that the government met its burden of proof for the upward sentencing departure.
• United States v. Copley
  978 F.2d 829· 4th Cir.· 1992-10-02 ·cited 8×
  The court held that a transcribed oral finding can satisfy the due process requirement for a written statement in supervised release revocation hearings, but a district court cannot reimpose supervised release after revoking it and imposing a new term of incarceration.
• United States v. Clonts
  966 F.2d 1366· 10th Cir.· 1992-06-15 ·cited 8×
  The court held that the defendant's contentions regarding chain of custody, outrageous government conduct, ineffective assistance of counsel, and sentencing calculation lacked merit.
• United States v. England
  966 F.2d 403· 8th Cir.· 1992-06-08 ·cited 8×
  The court affirmed convictions and sentences for conspiracy to distribute methamphetamine, finding sufficient evidence, proper admission of co-conspirator statements, and correct application of Sentencing Guidelines.
• United States v. O'Dell
  965 F.2d 937· 10th Cir.· 1992-06-02 ·cited 8×
  The court held that a district court's upward departure from the sentencing guidelines is permissible even if based in part on unadmitted criminal conduct, provided the defendant did not contest the facts in the presentence report and the degree of departure is reasonable.
• United States v. Tilley
  964 F.2d 66· 1st Cir.· 1992-05-15 ·cited 8×
  The court held that the district court did not err in denying the motion to withdraw the guilty plea, nor did it abuse its discretion in departing upward from the sentencing guidelines.
• United States v. Stanberry
  963 F.2d 1323· 10th Cir.· 1992-04-21 ·cited 8×
  The court held that there is no error in a district court refusing to submit a special interrogatory to the jury regarding sentencing factors, as the defendant has no Sixth Amendment right to jury sentencing.
• In re Forfeiture OF the Following Described Prop.
  596 So. 2d 1261· Fla. 1st DCA· 1992-04-15 ·cited 8×
  In this forfeiture case, the trial court ordered seizure of a 1985 Mercedes and $23,316 in currency based on probable cause that they were involved in drug trafficking. The appellate court reversed and remanded because the trial court applied an incorrect standard of proof—probab
• United States v. Colon
  961 F.2d 41· 2d Cir.· 1992-04-06 ·cited 8×
  The court held that the district court's calculation of the base offense level was proper and that post-sentence guideline amendments are to be pursued in the district court, not applied by the appellate court on direct review.
• Grant v. Sec'y OF the Dep't OF Health & Human Servs.
  956 F.2d 1144· Fed. Cir.· 1992-02-25 ·cited 8×
  The appellate court reviews the Claims Court's decisions under the clearly erroneous standard, not the arbitrary and capricious standard.
• United States v. Kocher
  948 F.2d 483· 8th Cir.· 1991-11-06 ·cited 8×
  The dissenting judge argues that the jury instruction allowing the jury to infer intent to conspire to manufacture amphetamines from a single instance of personal cocaine use was erroneous and prejudicial.
• United States v. Alvaro Rojo-Alvarez
  944 F.2d 959· 1st Cir.· 1991-09-10 ·cited 8×
  The court affirmed the convictions and sentences of all four defendants, finding no merit in their various challenges regarding speedy trial rights, suppression of evidence, jury bias, and sentencing enhancements.
• United States v. Morgan
  942 F.2d 243· 4th Cir.· 1991-08-01 ·cited 8×
  The court held that a district court must make clear findings on disputed facts in a presentence report that are relied upon for sentencing, and affirmed convictions but vacated the sentence due to an inadequate finding on the drug quantity.
• United States v. Pool
  937 F.2d 1528· 10th Cir.· 1991-07-05 ·cited 8×
  The court held that while involving a juvenile in a crime is a proper ground for upward departure, the district court failed to adequately explain the degree of departure, necessitating a remand. The court also found that the dangerous weapon enhancement was proper and that Baird
• Bunting v. Sec'y OF the Dep't OF Health & Human Servs.
  931 F.2d 867· Fed. Cir.· 1991-04-24 ·cited 8×
  The court held that the petitioner met the statutory burden of proving causation between the DPT vaccine and the child's encephalopathy and seizure disorder by a preponderance of the evidence.
• United States v. Pirre
  927 F.2d 694· 2d Cir.· 1991-03-05 ·cited 8×
  The court held that a chemist's reliable estimate of cocaine weight, even if not all packages were weighed or some were destroyed, is sufficient evidence for sentencing if proven by a preponderance of the evidence.
• Whisler v. State
  569 So. 2d 934· Fla. 1st DCA· 1990-11-16 ·cited 8×
  The court held that a hearsay lab report alone cannot be the basis for finding a violation of community control, and revocation for non-payment of costs requires a finding of ability to pay.
• Dileo v. Sch. Bd. OF Dade Cnty.
  569 So. 2d 883· Fla. 3d DCA· 1990-11-13 ·cited 8×
  Frank Dileo, a tenured teacher, challenged his dismissal by the School Board of Dade County on grounds of misconduct and insubordination. The court held that the applicable standard of proof in teacher dismissal cases is preponderance of the evidence, not clear and convincing evi
• United States v. Rivers
  917 F.2d 369· 8th Cir.· 1990-10-18 ·cited 8×
  The court held that the government failed to prove the value of stolen property by a preponderance of the evidence, and the victim's hearsay estimates, presented by an investigator without cross-examination, lacked sufficient reliability for sentence enhancement.
• Sequoia Books, Inc. v. Ingemunson
  901 F.2d 630· 7th Cir.· 1990-05-07 ·cited 8×
  The court held that the Illinois forfeiture provisions do not facially violate the First Amendment, are not unconstitutionally vague or overbroad, and that Sequoia has standing to challenge them. However, the provisions cannot be applied to convictions that occurred before the st
• Simpson v. Pittsburgh Corning Corp.
  901 F.2d 277· 2d Cir.· 1990-04-16 ·cited 8×
  Successive punitive damages awards do not inherently violate due process if the defendant fails to establish an adequate record demonstrating that prior awards fully punished the conduct or that aggregate awards have reached a constitutional limit.
• United States v. ONE Parcel OF Real Prop.
  900 F.2d 470· 1st Cir.· 1990-04-11 ·cited 8×
  The court held that the claimants' guilty pleas could be admitted as admissions in the civil forfeiture case, but did not have collateral estoppel effect. However, the government's affidavits, viewed in the light most favorable to the claimants, established a substantial connecti