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 re Est. of Douglas Deane v. Edward F. Butler Ad Litem of the Estate of Douglas Deane
  153 So. 2d 26· Fla. 3d DCA· 1963-05-07 ·cited 7×
  An attorney who drafted a will for Douglas Deane was found guilty of spoliation (fraudulent alteration) of the will after Deane's death. The court reconstructed the will based on the testator's declarations and prior instructions, finding that the second and third articles of pag
• Chauncey Coombs v. Rice
  68 Fla. 499· Fla.· 1914-12-22 ·cited 7×
  Chauncey Coombs brought a second writ of error challenging a judgment in favor of R. R. Rice for damages to a boat allegedly caused by Coombs's negligence in fastening and leaving the vessel unattended. The Florida Supreme Court reversed the second verdict, holding that the evide
• The Highland Consulting Grp., Inc. v. Soule
  74 F.4th 1352· 11th Cir.· 2023-07-27 ·cited 6×
  The court held that sufficient evidence supported the jury's finding that the plaintiff owned the trade secrets, thus affirming the denial of the defendant's motions for judgment as a matter of law and for a new trial.
• Ladedrick Harris v. State
  318 So. 3d 645· Fla. 2d DCA· 2021-05-12 ·cited 6×
  The appellate court reversed the revocation of Ladedrick Harris's probation, finding the state failed to prove he committed reckless driving. While Harris was speeding excessively, the court determined his conduct, under the specific circumstances, did not demonstrate a willful o
• Sheena Yarbrough v. Decatur Hous. Auth.
  931 F.3d 1322· 11th Cir.· 2019-08-02 ·cited 6×
  A regulation establishing a preponderance of the evidence standard for housing benefit termination does not create a right enforceable under 42 U.S.C. § 1983, as it does not define or flesh out a right created by the Housing Act.
• Quince v. State
  241 So. 3d 58· Fla.· 2018-04-12 ·cited 6×
  Kenneth Quince, a death row inmate, appealed the trial court's denial of his renewed motion claiming intellectual disability as a bar to execution under Florida law and the Eighth Amendment. The Florida Supreme Court affirmed the denial, holding that Hall v. Florida's requirement
• Solomon v. Solomon
  221 So. 3d 652· Fla. 4th DCA· 2017-06-07 ·cited 6×
  In a dissolution of marriage case, the Fourth District Court of Appeal affirmed the husband's appeal issues but reversed the trial court's denial of the wife's relocation petition to Virginia with the couple's two minor children. The court held that the trial court abused its dis
• State v. Emerson Adonis Herrera
  201 So. 3d 192· Fla. 2d DCA· 2016-09-28 ·cited 6×
  The State appeals a trial court's suppression of a 16-year-old's confession to being an accessory after the fact to murder, arguing the juvenile validly waived his Miranda rights. The appellate court reverses, holding that under the totality of circumstances, the State proved the
• E.R. v. Dep't of Child. & Families
  143 So. 3d 1131· Fla. 4th DCA· 2014-08-06 ·cited 6×
  A Florida appellate court reversed a trial court's adjudication of dependency for two minor children, finding that the evidence did not support a finding that the mother placed the children at imminent risk of neglect and harm. The court held that the mother's homelessness, unemp
• State v. Davis
  133 So. 3d 1101· Fla. 3d DCA· 2014-02-05 ·cited 6×
  Florida appealed a trial court's downward departure sentence imposed on Dexter Davis following his conviction for attempted first-degree murder, burglary, and two counts of child abuse. The appellate court reversed the downward departure sentences, holding that the trial court er
• In the Interest of K.C. and D.C. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program
  87 So. 3d 827· Fla. 2d DCA· 2012-05-16 ·cited 6×
  In a dependency proceeding, the Second District Court of Appeal reversed the circuit court's adjudication finding two minor children dependent upon their mother based on her alleged denial of the father's alcohol abuse. The court held that the Department failed to present compete
• Dep't of Hwy. Safety & Motor Vehicles v. Cherry
  91 So. 3d 849· Fla. 5th DCA· 2011-06-29 ·cited 6×
  The Florida Department of Highway Safety and Motor Vehicles sought certiorari to overturn a circuit court's decision that quashed Ms. Cherry's driver's license suspension for refusing a breath test. The Supreme Court of Florida's Fifth District Court of Appeal held that the circu
• Martinez v. State
  44 So. 3d 1219· Fla. 1st DCA· 2010-09-30 ·cited 6×
  A Florida appellate court granted a defendant's petition for writ of mandamus, ordering the trial court to hold a pretrial evidentiary hearing on his Stand Your Ground immunity claim before proceeding to trial. The court held that when a defendant timely raises a statutory immuni
• Gerhardt M. Witt v. LA Gorce Country Club, Inc.
  35 So. 3d 1033· Fla. 3d DCA· 2010-06-09 ·cited 6×
  La Gorce Country Club sued Witt (a geologist) and ITT for losses from a failed reverse osmosis water treatment system. The court held that Witt is personally liable for professional malpractice despite a limitation of liability clause in his consulting agreements, and affirmed th
• Terone Waleed Corker v. State
  31 So. 3d 958· Fla. 1st DCA· 2010-04-12 ·cited 6×
  Terone Corker appeals the revocation of his probation based on a finding that he constructively possessed marijuana found in his vehicle. The court reversed, holding that the state failed to prove he had dominion and control over the marijuana, which was found in a makeup pouch i
• G.M.H. v. State
  18 So. 3d 728· Fla. 2d DCA· 2009-10-09 ·cited 6×
  G.M.H. was adjudicated delinquent for burglary and grand theft of a dirt bike and challenges a $1,062 restitution award. The appellate court reversed because the trial court admitted hearsay evidence of repair costs and remanded for a new hearing with admissible evidence of the v
• Bigelow v. State
  997 So. 2d 1249· Fla. 5th DCA· 2009-01-02 ·cited 6×
  Carolyn Sue Bigelow appealed the restitution order imposed after her no-contest plea to exploiting the elderly. The Florida appellate court reversed because the State's restitution evidence relied entirely on inadmissible hearsay testimony and unauthenticated bank records.
• Sage v. State
  988 So. 2d 150· Fla. 4th DCA· 2008-08-06 ·cited 6×
  The court held that restitution amounts must be based on competent evidence, not speculation, and reversed the award for three items due to insufficient evidence.
• Haines v. Dep't of Child. & Families
  983 So. 2d 602· Fla. 5th DCA· 2008-04-11 ·cited 6×
  Barbara Haines appeals the Department of Children and Families' revocation of her foster care license for allegedly striking a foster child. The court reverses, holding that the preponderance of evidence standard—not the competent substantial evidence standard—applies to foster c
• United States v. Williams
  476 F. Supp. 2d 1368· M.D. Fla.· 2007-03-06 ·cited 6×
  The court granted summary judgment for the United States, finding no genuine issue of material fact regarding defendants' fraudulent filings and mail fraud.
• Earic Smiley v. State
  948 So. 2d 964· Fla. 5th DCA· 2007-02-16 ·cited 6×
  Earic Smiley, an incarcerated prisoner, challenged the Department of Corrections' disciplinary action that resulted in loss of gain time after a homemade weapon was found under his mattress. The court affirmed that the DOC's action was supported by sufficient evidence and that th
• R.T. v. State
  946 So. 2d 112· Fla. 1st DCA· 2007-01-05 ·cited 6×
  In this juvenile delinquency case, the appellate court reversed a trial court's order committing a minor to high-risk residential placement because the trial court failed to adequately explain its reasons for departing from the Department of Juvenile Justice's recommendation and
• L.M. v. Dep't of Child. & Families
  946 So. 2d 42· Fla. 4th DCA· 2006-12-13 ·cited 6×
  Mother appeals adjudication of her two children as dependent based on neglect and substantial risk of imminent neglect, and challenges the trial court's decision to conduct the adjudicatory hearing without her presence while she was deemed incompetent. The appellate court affirme
• Smith v. State
  941 So. 2d 479· Fla. 3d DCA· 2006-11-01 ·cited 6×
  The court held that a restitution order based solely on hearsay evidence, when properly objected to by the defense, must be reversed and remanded for a new hearing.
• T.S. v. Fla. Dep't of Child. & Families
  935 So. 2d 626· Fla. 1st DCA· 2006-08-10 ·cited 6×
  A mother appeals a trial court's adjudication that her child was dependent because she failed to protect the child from sexual abuse by her boyfriend (later husband). The appellate court affirmed, finding competent substantial evidence supported the dependency finding based on th
• In the Interest of O.C. v. Dep't of Child. & Fam. Servs.
  934 So. 2d 623· Fla. 2d DCA· 2006-07-26 ·cited 6×
  A mother incarcerated during her child's infancy appeals the dependency adjudication based solely on an unexplained bruise discovered on the child during placement with a caregiver she selected. The court reverses, holding that a single incident of bruising is insufficient to sup
• C.M.L. v. State
  895 So. 2d 495· Fla. 5th DCA· 2005-02-11 ·cited 6×
  A juvenile appealed his adjudication as delinquent and Level 10 commitment imposed by the trial court, which departed from the Department of Juvenile Justice's recommended Level 8 commitment. The Fifth District Court of Appeal affirmed, holding that the trial judge provided suffi
• Staley v. State
  851 So. 2d 805· Fla. 2d DCA· 2003-07-30 ·cited 6×
  Bobby Staley challenges the revocation of his probation, arguing that the trial court failed to follow statutory and constitutional due process requirements. The Florida Second District Court of Appeal reversed the probation revocation order, holding that a probationer cannot pro
• T.S. v. State
  801 So. 2d 171· Fla. 5th DCA· 2001-11-30 ·cited 6×
  The court held that a trial court must provide competent, substantial evidence and state specific reasons for disregarding a juvenile's disposition recommendation from the Department of Juvenile Justice.
• Esmie Hector & Diana McPherson v. State
  784 So. 2d 1207· Fla. 2d DCA· 2001-04-11 ·cited 6×
  The court reversed the restitution award because it exceeded the victim's testified loss and was not supported by a preponderance of the evidence, but affirmed that ability to pay need not be determined at the time of imposition.
• Schneck v. State
  764 So. 2d 898· Fla. 5th DCA· 2000-08-11 ·cited 6×
  The court held that the defendant willfully violated a substantial condition of his probation by harassing his former wife, even if his interpretation of contact allowed for visitation arrangements.
• Cowart v. State
  754 So. 2d 813· Fla. 1st DCA· 2000-04-04 ·cited 6×
  Appellant Cowart was found in violation of probation for failing to complete court-ordered psychosexual treatment, but the trial court improperly based the violation on his involuntary thoughts rather than willful conduct. The appellate court reversed, holding that probation viol
• State v. Hoffman
  745 So. 2d 985· Fla. 2d DCA· 1999-09-03 ·cited 6×
  The State appealed a downward departure sentence of 15 years' probation imposed on Charles Hoffman following his no-contest plea to sexual battery. The Florida District Court of Appeal affirmed the sentence because at least one valid reason for departure was supported by the reco
• State v. Pequita L. Gosier
  737 So. 2d 1121· Fla. 4th DCA· 1999-06-02 ·cited 6×
  The State appealed a downward departure sentence imposed on Pequita Gosier for felony driving with a suspended license. The trial judge attempted to justify the departure based on factors that did not satisfy Florida's sentencing guidelines, and the appellate court reversed, find
• Demetrious Cyrus v. State
  712 So. 2d 811· Fla. 4th DCA· 1998-07-01 ·cited 6×
  Cyrus appeals a restitution order stemming from his grand theft conviction. The Fourth District affirmed the restitution order, holding that testimony from an insurance claims adjuster was sufficient to establish the victim's loss by preponderance of the evidence, and that no off
• Balakrishna Nair, M.D. v. Dep't of Bus. & Prof'l Reg.
  654 So. 2d 205· Fla. 1st DCA· 1995-04-21 ·cited 6×
  Dr. Balakrishna Nair appeals a Board of Medicine disciplinary order finding him guilty of exercising improper influence within physician-patient relationships for sexual purposes on two occasions. The court reverses the finding regarding one patient because the Board applied the
• Maher Terminals, Inc. v. Dir., Off. OF Workers Comp. Programs, United States Dep't of Labor
  992 F.2d 1277· 3d Cir.· 1993-04-19 ·cited 6×
  The Administrative Procedure Act prohibits the application of the 'true doubt' rule in cases under the Longshore and Harbor Workers' Compensation Act, as it allows a claimant to prevail without meeting the burden of persuasion by a preponderance of the evidence.
• United States v. Perez
  989 F.2d 1574· 10th Cir.· 1993-03-30 ·cited 6×
  The court held that a per se reversal rule for admitting coconspirator hearsay without required findings is modified; instead, appellate courts should assess harmless error and may remand for findings if necessary. The hearsay error in this case was harmless.
• United States v. Mills
  987 F.2d 1311· 8th Cir.· 1993-03-08 ·cited 6×
  The court affirmed the conviction and sentence, holding that the district court did not err in striking jurors for cause, admitting evidence, calculating the loss amount under the sentencing guidelines, or applying enhancements for role in the offense and obstruction of justice.
• United States v. Gilliam
  987 F.2d 1009· 4th Cir.· 1993-02-12 ·cited 6×
  A defendant's guilty plea to an indictment alleging participation in a conspiracy to distribute a specific quantity of drugs constitutes sufficient evidence that the defendant was responsible for that quantity for sentencing purposes.
• United States v. Hoffman
  982 F.2d 187· 6th Cir.· 1992-12-22 ·cited 6×
  The court held that the enhancement for obstruction of justice was proper, but the author disagrees with the majority's conclusion that the district court had discretion to consider a collateral attack on prior convictions.
• United States v. Powell
  982 F.2d 1422· 10th Cir.· 1992-12-09 ·cited 6×
  The court held that the defendants' convictions and sentences for conspiracy to distribute marijuana were supported by sufficient evidence and that their various procedural and evidentiary challenges lacked merit.
• United States v. Ewing
  979 F.2d 1234· 7th Cir.· 1992-11-16 ·cited 6×
  The court held that the district court did not abuse its discretion in disallowing the defendant's attorney from testifying, as her testimony would have been cumulative, and affirmed the sentencing enhancement for firearm possession, finding sufficient evidence of connection to t
• K.M.T. v. Dep't of Health & Rehabilitative Servs.
  608 So. 2d 865· Fla. 1st DCA· 1992-10-22 ·cited 6×
  K.M.T., a nursing assistant, appeals an administrative order confirming her as a perpetrator of neglect and placing her name on the elderly abuse registry after she briefly left an elderly patient unattended in a dining room. The court reverses, holding that HRS violated her proc
• Hampton Sch. Dist. v. Dobrowolski
  976 F.2d 48· 1st Cir.· 1992-09-23 ·cited 6×
  The court held that the district court did not commit clear error in finding that the school district's proposed Individualized Education Programs (IEPs) were reasonably calculated to provide educational benefits, and any procedural errors were harmless.
• United States v. Rodriguez
  975 F.2d 404· 7th Cir.· 1992-09-18 ·cited 6×
  The court held that the district court erred in excluding coconspirator statements against Rodriguez, finding sufficient evidence to establish his membership in the conspiracy by a preponderance of the evidence.
• United States v. Innocent U. Uwaeme
  975 F.2d 1016· 4th Cir.· 1992-09-14 ·cited 6×
  The court held that a drug quantity estimate used for sentencing need not meet rigorous statistical accuracy standards, only sufficient indicia of reliability.
• United States v. Swinney
  970 F.2d 494· 8th Cir.· 1992-07-30 ·cited 6×
  The court affirmed convictions and sentences, finding no error in the Batson challenge, venue determination, denial of self-representation or continuance, or severance motions.
• United States v. Bluske
  969 F.2d 609· 8th Cir.· 1992-07-02 ·cited 6×
  The court held that the district court erred in relying solely on the presentence report's unsupported conclusions to determine drug quantities for sentencing, and that a serious question was raised regarding the attorney's conflict of interest. The court vacated the sentence and
• United States v. Burnett
  968 F.2d 278· 2d Cir.· 1992-06-30 ·cited 6×
  The court held that prior cocaine transactions could be included as relevant conduct for sentencing purposes, even if involving a different drug type, if they constituted the same course of conduct.