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

• Savannah Wholesale Co. v. Cont'l Cas. Co.
  279 F.2d 706· 5th Cir.· 1960-06-15 ·cited 8×
• Dimitrios Spanos v. THE Lily & Fortaleza Compagnia Naviera S. A. of Panama
  261 F.2d 214· 4th Cir.· 1958-11-13 ·cited 8×
  The court held that the libellant failed to prove his injury was caused by unseaworthiness or negligence, and that the award for maintenance and cure was fair.
• Nocita v. United States
  258 F.2d 199· 9th Cir.· 1958-08-05 ·cited 8×
  The court held that a vehicle used to collect winnings from prior wagers is an instrumentality in the business of accepting wagers, thus subject to forfeiture under 26 U.S.C. § 7302.
• Atl. Ref. Co. & Great Am. Indem. Co. v. Evans
  251 F.2d 277· 5th Cir.· 1958-01-14 ·cited 8×
  The appellate court affirmed the trial court's judgment, finding no error in the application of evidence or law.
• Am. Flint Glass Workers' Union OF N. Am. v. Nat'l Labor Relations Bd.
  230 F.2d 212· D.C. Cir.· 1956-01-30 ·cited 8×
  The court held that the Board's reversal of the Trial Examiner's finding of discrimination was not supported by the record.
• Four Branches, Inc. v. Oechsner
  73 So. 2d 222· Fla.· 1954-06-08 ·cited 8×
  In this workers' compensation case, the Florida Supreme Court reversed the Circuit Court's second reversal of the Deputy Commissioner's finding that an elevator operator's claimed injuries were not caused by a minor elevator incident. The Court clarified the proper standard of re
• Hunter v. Dowd
  198 F.2d 13· 7th Cir.· 1952-07-11 ·cited 8×
  The court held that the District Court's finding that the petitioner was represented by counsel was clearly erroneous, as the evidence overwhelmingly indicated a denial of the constitutional right to counsel.
• United States v. Vasilaky
  168 F.2d 191· 2d Cir.· 1948-05-27 ·cited 8×
  The court held that the jury charge, despite a minor slip of the tongue and a potentially misleading statement about an accomplice, was sufficient to sustain the verdict, especially since defense counsel approved the charge.
• Gaston v. Sevor
  156 Fla. 157· Fla.· 1945-09-11 ·cited 8×
  Gaston, who managed a farm sale for out-of-state owner Mrs. Currie, misrepresented Mrs. Currie's minimum price to buyer Sevor, claiming she would accept $4,750 net when she had actually agreed to $4,000 net. The court upheld a $750 judgment for Sevor (the difference) but ordered
• Kan. City Power & Light Co. v. Nat'l Labor Relations Bd. (association of Emps. of Kan. City Power & Light Co.
  137 F.2d 77· 8th Cir.· 1943-07-26 ·cited 8×
  The court held that the Board failed to prove the Independent Union was a continuation or successor of the previously disestablished Association, and thus the company was not in contempt of the prior enforcement decree.
• Sloan v. Peterson
  129 F.2d 330· C.C.P.A.· 1942-06-01 ·cited 8×
  The court held that appellant's earlier filed application disclosed the invention, shifting the burden of proof for priority to a preponderance of the evidence. The court also found that appellant's alleged prior art devices did not meet the limitations of the counts.
• Mizner Land Corp. v. Abbott
  128 Fla. 489· Fla.· 1937-03-12 ·cited 8×
  Victor Searles, a newly wealthy heir without business experience, hired attorneys Abbott and Gaulden to manage his real estate interests and personal affairs. After disputes over fees and trust accounting, Searles sued to recover funds he alleged were misappropriated, while Gauld
• E. N. E. v. The State ex rel. Lulu E.
  25 Fla. 268· Fla.· 1889-01-01 ·cited 8×
  This case concerns a bastardy proceeding where the appellate court addressed whether the trial court erred in its jury instructions and evidentiary rulings. The court held that the jury should be instructed based on a preponderance of the evidence, not reasonable doubt, but erred
• Jones v. State
  Fla. 3d DCA· 2023-04-12 ·cited 7×
  An offender who was originally subject to a mandatory minimum sentence remains appropriately subject to that sentence when probation is revoked, and the State may re-impose the prison release offender designation by proving it by a preponderance of the evidence.
• United States v. Mar. Life Caribbean Ltd.
  913 F.3d 1027· 11th Cir.· 2019-01-16 ·cited 7×
  The court held that while the district court erred in applying the wrong standard for document authenticity and in permitting a foreign sovereign to intervene, these errors were harmless and did not warrant reversal.
• Boston v. State
  260 So. 3d 445· Fla. 1st DCA· 2018-11-30 ·cited 7×
  The 2017 amendment to section 776.032(4), Florida Statutes, which shifts the burden to the State to prove by clear and convincing evidence that a defendant is not entitled to Stand Your Ground immunity, applies retroactively and must be applied on remand. The trial court erred by
• Buschor v. Buschor
  252 So. 3d 833· Fla. 5th DCA· 2018-08-01 ·cited 7×
  The trial court's modification of timesharing and change of primary residence must be reversed because it violated the mother's due process rights by awarding relief not requested in the father's pleadings. Additionally, the trial court's denial of the mother's relocation petitio
• Harrington v. State
  238 So. 3d 294· Fla. 4th DCA· 2018-02-21 ·cited 7×
  Brian Harrington appeals his probation revocation for failing to complete a sexual offender treatment program (CORTE). The court affirmed the finding of willful and substantial violation but reversed and remanded because the trial court failed to hold a required sentencing hearin
• Northrop Grumman Sys. Corp. v. Rosa-Maria F. Britt
  226 So. 3d 1059· Fla. 3d DCA· 2017-09-06 ·cited 7×
  This mesothelioma case involved a jury verdict awarding over $8.5 million to the widow of Dennis Britt for his death from mesothelioma allegedly caused by asbestos exposure at Northrop Grumman facilities. The court affirmed the verdict, rejecting Northrop's five appellate challen
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2015-04
  190 So. 3d 614· Fla.· 2016-04-14 ·cited 7×
  The Florida Supreme Court authorized amendments to six existing criminal jury instructions and one new instruction, updating language regarding burden of persuasion, affirmative defenses, and statutory definitions to reflect current case law and legislative changes.
• Rodriguez-Aguilar v. State
  198 So. 3d 792· Fla. 2d DCA· 2016-03-09 ·cited 7×
  Rodriguez-Aguilar appeals his revocation of probation and five-year prison sentence. The Florida appellate court reversed the sentence, holding that the trial court erred in imposing a prison sentence under section 775.082(10) because the court's written findings of dangerousness
• Harriman v. State
  174 So. 3d 1044· Fla. 1st DCA· 2015-08-24 ·cited 7×
  Steven Harriman appeals his convictions for grand theft and contributing to the delinquency of a minor, challenging the trial court's instruction that he bore the burden of proving abandonment as an affirmative defense by a preponderance of the evidence. The court affirms, holdin
• Hulse v. State
  170 So. 3d 911· Fla. 3d DCA· 2015-07-22 ·cited 7×
• In re Adoption OF K.A.G.
  152 So. 3d 1271· Fla. 5th DCA· 2014-12-24 ·cited 7×
  The paternal grandmother and father appealed the trial court's dismissal of the grandmother's petition to adopt a four-year-old child whose father (who consented to the adoption) was incarcerated awaiting trial for the child's mother's murder. The court held that the trial judge
• In re Petition of Jane DOE for a Judicial Waiver of Parental Notice of Termination of Pregnancy. Jane Doe
  113 So. 3d 882· Fla. 2d DCA· 2012-11-26 ·cited 7×
  Jane Doe, a 17-year-old minor, petitioned for a judicial waiver of Florida's parental notification requirement for abortion under section 390.01114. The circuit court dismissed her petition, but the Second District Court of Appeal reversed, holding that Doe satisfied the statutor
• Jarod J. Butera v. State
  58 So. 3d 940· Fla. 2d DCA· 2011-04-27 ·cited 7×
  The court held that the evidence presented was insufficient to establish by a preponderance of the evidence that the defendant had constructive possession of the cocaine and marijuana found in the vehicle.
• Olivera v. State
  58 So. 3d 352· Fla. 1st DCA· 2011-03-31 ·cited 7×
  Marlon Olivera appealed his sexual battery convictions and sentence, arguing that jury instructions impermissibly included an uncharged alternative theory of conviction (sexual union) and that penetration points on the criminal punishment code scoresheet were improper without a s
• Hernandez v. State
  33 So. 3d 143· Fla. 2d DCA· 2010-05-07 ·cited 7×
  Orlando Hernandez appeals the revocation of his probation and resulting sentences for burglary and grand theft. The trial court based the revocation solely on Hernandez's arrest for an armed robbery, without finding by a preponderance of the evidence that he committed the offense
• Zenaida Gomez v. Vill. OF Pinecrest
  17 So. 3d 322· Fla. 3d DCA· 2009-07-01 ·cited 7×
  The Third District Court of Appeal affirmed an order authorizing preforfeiture seizure of real property under Florida's Contraband Forfeiture Act. The court held that at the seizure stage, the seizing agency need only establish probable cause that the property was used in violati
• In re T.S. v. Dep't of Child. & Fam. Servs.
  979 So. 2d 1202· Fla. 2d DCA· 2008-04-25 ·cited 7×
  The court held that the trial court's factual findings were insufficient and the evidence legally insufficient to support a determination of dependency.
• M.F. v. Dep't of Child. & Families
  975 So. 2d 622· Fla. 4th DCA· 2008-03-05 ·cited 7×
  The Fourth District Court of Appeal reversed a trial court's adjudication of dependency for three children, holding that the Department of Children and Families failed to present sufficient evidence to support findings that the father neglected the children or placed them at risk
• State v. Champion
  898 So. 2d 1111· Fla. 2d DCA· 2005-03-30 ·cited 7×
  A downward departure sentence must be supported by a preponderance of the evidence presented at the sentencing hearing.
• E.P. v. State
  901 So. 2d 193· Fla. 4th DCA· 2005-03-23 ·cited 7×
  A juvenile appeals his adjudication of delinquency and commitment for violating probation by failing to attend a required program, arguing the court erred by questioning him and relying on hearsay.
• Sun Ae Boudreau v. M & H Food Corp. & Unknown Tenants
  895 So. 2d 501· Fla. 2d DCA· 2005-02-11 ·cited 7×
  A landlord appeals a trial court judgment dismissing her eviction action against a commercial tenant and awarding the tenant damages for repairs and attorney's fees. The appellate court reversed, finding the landlord established all essential elements for eviction under Florida l
• Park v. City OF W. Melbourne
  769 So. 2d 397· Fla. 5th DCA· 2000-04-28 ·cited 7×
  Bryan Park, a non-probationary police officer, was terminated for allegedly lying about his involvement in an unauthorized call to a psychic hotline. The court quashed the circuit court's decision affirming his termination, holding that the circuit court improperly denied Park hi
• Dep't of Hwy. Safety & Motor Vehicles v. Green
  702 So. 2d 584· Fla. 2d DCA· 1997-11-26 ·cited 7×
  The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court order quashing an administrative suspension of a driver's license after the driver refused a breath test but offered to take a blood test instead. The appellate court held that
• Small Bus. Admin. v. Echevarria
  864 F. Supp. 1254· S.D. Fla.· 1994-09-09 ·cited 7×
  The court held that the SBA, as receiver, could pursue state tort claims for damages arising from violations of SBA regulations, and found that Alexander Echevarria committed conversion and civil theft, while Guido Echevarria committed conversion, but Mercedes Echevarria did not.
• In re Heriberto Medrano
  956 F.2d 101· 5th Cir.· 1992-03-16 ·cited 7×
  The court held that a federal court must apply the 'clear and convincing evidence' standard when disbarring an attorney, not a 'preponderance of the evidence' standard.
• United States v. Lamas
  930 F.2d 1099· 5th Cir.· 1991-05-08 ·cited 7×
  The court held that the inevitable-discovery exception to the exclusionary rule applied because officers had probable cause, were actively pursuing a warrant, and would have discovered the evidence lawfully.
• Wooldridge v. Marlene Indus. Corp.
  875 F.2d 540· 6th Cir.· 1989-05-18 ·cited 7×
  The court held that the district court's finding that the maternity leave policy in North and South Carolina plants did not violate Title VII was not clearly erroneous, but the district court applied incorrect legal principles in the damages phase by misallocating the burden of p
• In re Est. OF Joseph Francis Gaspelin v. Gaspelin
  542 So. 2d 1023· Fla. 2d DCA· 1989-03-31 ·cited 7×
  In this probate appeal, the court upheld a finding that Doris Gaspelin was a pretermitted spouse under Florida law, entitling her to the entire estate despite being omitted from her husband's will executed before their marriage. The court rejected the beneficiaries' arguments tha
• Haitian Refugee Ctr., Inc. v. Nelson
  694 F. Supp. 864· S.D. Fla.· 1988-08-22 ·cited 7×
  The court held that it has jurisdiction to hear the case challenging the implementation of the SAW program, and granted the plaintiffs' motion for a preliminary injunction.
• United States v. One Single Family Residence
  699 F. Supp. 1531· S.D. Fla.· 1988-06-30 ·cited 7×
  A wife who is an innocent owner and tenant by the entirety under Florida law is entitled to retain her entire interest in property used to facilitate her husband's drug trafficking, as her interest is not subject to forfeiture.
• United States v. Dickerson
  873 F.2d 1181· 9th Cir.· 1988-06-14 ·cited 7×
  The government failed to establish probable cause for forfeiture under either 21 U.S.C. § 881(a)(4) or 19 U.S.C. § 1703 because the evidence, including a drug dog's alert, was unreliable due to a significant time lapse and evidence of tampering.
• Stuyvesant Dredging Co. v. The United States
  834 F.2d 1576· Fed. Cir.· 1987-12-10 ·cited 7×
  The court held that the contractor could not recover for differing site conditions or defective specifications because the contract did not warrant specific material characteristics and the contractor failed to conduct adequate pre-bid investigations.
• J.W. Whitehead v. United States Parole Comm'n & Warden Rison
  755 F.2d 1536· 11th Cir.· 1985-03-28 ·cited 7×
  The court held that the United States Parole Commission was not collaterally estopped from revoking parole based on a state pandering charge, even if a prior conviction was set aside.
• Fid. & Deposit Co. OF Md. v. S. Utils., Inc.
  726 F.2d 692· 11th Cir.· 1984-03-05 ·cited 7×
  A district court cannot grant a directed verdict without a trial when summary judgment is inappropriate and genuine issues of material fact remain.
• United States v. Helms
  703 F.2d 759· 4th Cir.· 1983-03-22 ·cited 7×
  The court held that the stop and boarding of the vessel were constitutionally permissible under 19 U.S.C. § 1581(a) based on articulable facts suggesting a border crossing, and the subsequent discovery of marijuana in plain view provided probable cause for a warrantless search.
• United States v. Chaim Kahan
  572 F.2d 923· 2d Cir.· 1978-03-07 ·cited 7×
  The court held that the affidavit for the search warrant was sufficient despite a misstatement regarding the timing of the informant's observations, and that evidence of prior dealings with similar stolen goods was admissible to show knowledge.
• Melbourne Airways & AIR Coll. Inc. v. Beatrice Thompson & the Fla. Indus. Comm'n
  190 So. 2d 305· Fla.· 1966-07-27 ·cited 7×
  The court held that the fact and time of death, as well as whether an injury occurred in the course of employment, can be proven by circumstantial evidence.