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

• Millard C. Farmer, Jr. v. Strickland
  652 F.2d 427· 5th Cir.· 1981-08-03 ·cited 6×
  The court affirmed the denial of the habeas corpus petition, holding that the attorney's contumacious conduct in the presence of the judge did not require a hearing before summary conviction and sentencing, and that his actions were not protected speech.
• Lancey Williams v. State
  397 So. 2d 1044· Fla. 4th DCA· 1981-05-13 ·cited 6×
  The appellate court held that the trial court's failure to explicitly state a finding of voluntariness for a confession is not reversible error if the record clearly demonstrates the judge fulfilled this duty, even if a written order is missing.
• ONE 1978 Lincoln Versailles v. State
  388 So. 2d 1383· Fla. 2d DCA· 1980-10-22 ·cited 6×
  Florida appellate court reversed the forfeiture of a motor vehicle where the only evidence of involvement in a drug trafficking operation was that the vehicle was parked at the residence where large quantities of marijuana were found, with only trace amounts of cannabis discovere
• Davis v. Junuthula N. Reddy
  620 F.2d 885· C.C.P.A.· 1980-05-15 ·cited 6×
  The court held that the junior party failed to prove conception of the invention by a preponderance of the evidence, thus precluding a finding of derivation.
• Vesper Constr. Co., Inc. v. Rain FOR Rent, Inc.
  602 F.2d 238· 10th Cir.· 1979-05-03 ·cited 6×
  The court held that the district court did not err in denying a jury trial on the Miller Act counterclaim, excluding certain reports, or in its jury instructions.
• Cruz-Casado v. The United States
  553 F.2d 672· Ct. Cl.· 1977-04-20 ·cited 6×·via Burden Of Proof By Preponderance Of The Evidence
  The court held that the Army's failure to obtain a psychiatric opinion regarding the plaintiff's alleged homosexuality, as required by its own regulations, substantially and prejudicially abridged his procedural rights, rendering his discharge invalid.
• Futorian Mfg. Corp. v. Dual Mfg. & Eng'g, Inc.
  528 F.2d 941· 1st Cir.· 1976-02-04 ·cited 6×
  The court held that the trial court did not commit reversible error in its jury instructions regarding the presumption of patent validity and the burden of proof, given the circumstances.
• McMILLON v. Estelle
  523 F.2d 1249· 5th Cir.· 1975-11-28 ·cited 6×
  The court held that a per se rule of prejudice is not adopted, and the lower court's ruling was not clearly erroneous on these facts.
• Elihu King v. Rogers
  463 F.2d 1188· 9th Cir.· 1972-06-26 ·cited 6×
  The court held that the Secretary of State proved by a preponderance of the evidence that Elihu King voluntarily renounced his United States citizenship when he became a naturalized British subject.
• GAC Props., Inc. v. Carmine
  258 So. 2d 466· Fla. 3d DCA· 1971-10-26 ·cited 6×
  GAC Properties appealed a judgment for breach of an exclusive title insurance agreement, challenging the trial court's findings on the validity of the 1961 contract, interpretation of the property scope, and the interest rate used to calculate damages. The appellate court affirme
• Cody v. Aktiebolaget Flymo
  452 F.2d 1274· D.C. Cir.· 1971-09-09 ·cited 6×
  The court held that summary judgment was improperly granted because genuine issues of material fact remained regarding the reduction to practice of the invention.
• United States v. Osborn
  415 F.2d 1021· 6th Cir.· 1969-09-19 ·cited 6×
  The court held that the appellant failed to prove the government knowingly used perjured testimony and that his conviction was based on his own recorded statements, not uncorroborated testimony.
• Porter v. Am. Exp. Lines
  387 F.2d 409· 3d Cir.· 1968-01-04 ·cited 6×
  The court held that the trial court's jury instructions, despite some ambiguity, did not constitute fundamental error and that the plaintiff failed to preserve any objection to the charge.
• Phillips v. Dutton
  378 F.2d 898· 5th Cir.· 1967-06-15 ·cited 6×·via Burden Of Proof By Preponderance Of The Evidence
  The court held that the appellant's sentence was tolled by his escape, and he has not yet served his full sentence.
• Saporito v. Bone
  195 So. 2d 244· Fla. 2d DCA· 1967-02-15 ·cited 6×·via Burden Of Proof By Preponderance Of The Evidence
  The Saporitos, as plaintiffs, obtained a jury verdict for negligence injuries but appealed after the trial court denied their motion for a new trial based solely on damages. The appellate court affirmed, rejecting claims that jury instructions on damages certainty were erroneous.
• Kemnitz v. United States
  369 F.2d 389· 7th Cir.· 1966-11-10 ·cited 6×
  The court held that the trial court's factual findings were not clearly erroneous and that the plaintiff failed to demonstrate reversible error regarding trial procedures.
• Welders Supply, Inc. v. Am. Emp'rs' Ins. Co.
  358 F.2d 593· 6th Cir.· 1966-03-31 ·cited 6×
  The court held that the jury's award of damages was not supported by sufficient evidence, as the damage to the inventory machinery was speculative and could not be attributed to the initial explosion.
• United States ex rel. James Brennan v. Hon. Edward M. FAY
  353 F.2d 56· 2d Cir.· 1965-11-09 ·cited 6×
  The court held that the New York standard for coram nobis proceedings, requiring proof by a preponderance of the credible evidence, is consistent with the federal habeas corpus standard, and thus no new federal evidentiary hearing was required.
• Berolzheimer v. The Heil Co.
  340 F.2d 122· 7th Cir.· 1965-01-08 ·cited 6×
  The court held that the plaintiff failed to establish by a preponderance of the evidence that he disclosed a novel concept or design to the defendant that the defendant adopted or appropriated.
• Walkup v. Greig
  332 F.2d 800· C.C.P.A.· 1964-06-11 ·cited 6×
  The court held that the inventor's tests, despite producing imperfect samples, demonstrated a reduction to practice because the device embodied the generic principle and performed its intended function.
• E. M. G. Leather Arts, Inc. v. Cent. Truck Lines, Inc.
  165 So. 2d 203· Fla. 3d DCA· 1964-06-09 ·cited 6×
  A truck line carrier obtained a directed verdict in a negligence action involving damage to shipped goods. The appellate court reversed, holding that the plaintiff presented sufficient evidence of a prima facie case to submit to the jury under the doctrine that damage to goods de
• Dianne v. Ribicoff
  323 F.2d 231· 5th Cir.· 1963-09-24 ·cited 6×
  The court held that the Secretary erred by applying an incorrect, stringent standard for proving partnership, requiring clear and convincing evidence instead of a preponderance of the evidence.
• Seeley v. Rennick
  314 F.2d 577· C.C.P.A.· 1963-03-20 ·cited 6×
  The court held that the junior party Seeley failed to meet his burden of proving actual reduction to practice by a preponderance of the evidence.
• States Marine Corporaton OF Del. v. Producers Coop. Packing Co.
  310 F.2d 206· 9th Cir.· 1962-08-21 ·cited 6×
  The court held that later decisions of the Second Circuit clarify that the rule in The Neil Maersk case applies to 'hidden defects' and not generally to all 'concealed vices'.
• United States v. 4 Cases * * * Slim-Mint Chewing GUM
  300 F.2d 144· 7th Cir.· 1962-03-02 ·cited 6×
  The court held that the trial court did not abuse its discretion in denying the government's motion for a new trial, affirming the jury's verdict for the claimant.
• The Tex. & Pac. Ry. Co. v. Jones
  298 F.2d 188· 5th Cir.· 1962-01-12 ·cited 6×
  The court held that the jury instructions regarding lookout and employee status were proper, and there was sufficient evidence to support the jury's verdict.
• Bush v. City OF Dania
  121 So. 2d 169· Fla. 2d DCA· 1960-06-08 ·cited 6×
  Bush sued the City of Dania for damages to his property caused by fires allegedly spreading from a negligently maintained municipal dump. The trial court, sitting without a jury, found Bush failed to prove the City's negligence proximately caused his damages, and the appellate co
• R. L. (Bob) Martin and Hardy McCormick v. United States
  277 F.2d 785· 5th Cir.· 1960-05-02 ·cited 6×
  The court held that the legality of a search and seizure cannot be raised in a forfeiture proceeding, and the evidence was sufficient to support the forfeiture.
• Sellner v. Solloway
  267 F.2d 321· C.C.P.A.· 1959-05-22 ·cited 6×
  The court held that the evidence was sufficient to establish that the appellees' device was reduced to practice, and thus priority of invention was correctly awarded to them.
• United States v. Harris Leveson, Jr.
  262 F.2d 659· 5th Cir.· 1959-01-30 ·cited 6×
  The court held that the seized money was intended for use in violating internal revenue laws and is therefore subject to forfeiture.
• Lamson v. Martin
  104 So. 2d 117· Fla. 2d DCA· 1958-06-27 ·cited 6×
  Rose Lamson, as curator of an incompetent's estate, appealed from a decree dismissing her suit to cancel a deed and contract executed by Margaret J. Wimmer to G. H. Martin and Buckeye Holding Company. The trial court found that Lamson failed to prove by a preponderance of the evi
• MacArtney v. Compagnie Generale Transatlantique
  253 F.2d 529· 9th Cir.· 1958-02-28 ·cited 6×
  The court held that the inadvertent use of the phrase "beyond a reasonable doubt" in supplementary jury instructions, and an incorrect definition of "defective" in relation to seaworthiness, did not constitute prejudicial error requiring reversal under the circumstances. Furtherm
• Braithwaite Lands Liquidation Co., Inc. v. THE BEN HUR
  212 F.2d 851· 5th Cir.· 1954-05-14 ·cited 6×
  The appellate court affirmed the district court's dismissal of the libel, finding substantial evidence supported the lower court's factual findings.
• Purvis v. Pa. R. Co.
  198 F.2d 631· 3d Cir.· 1952-08-04 ·cited 6×
  The court held that the endorsement of a check containing a release is not a separate transaction from the execution of the release itself, and thus cannot be set aside independently if the release was fraudulently obtained.
• Kean v. Hurley
  179 F.2d 888· 8th Cir.· 1950-02-09 ·cited 6×
  A court lacks jurisdiction to hold non-parties in contempt for violating an injunction when they were not named in the suit, did not act in concert with named parties, and did not receive actual notice.
• Israel v. Gresswell
  166 F.2d 153· C.C.P.A.· 1948-02-10 ·cited 6×
  The court held that the Board of Interference Examiners correctly awarded priority to Cresswell, finding that Israel failed to establish either actual reduction to practice or reasonable diligence.
• Hamer v. White
  143 F.2d 987· C.C.P.A.· 1944-06-19 ·cited 6×
  The court held that the Board of Interference Examiners' findings of fact regarding priority of invention and joint inventorship were not clearly against the weight of the evidence and affirmed the board's decision.
• United States v. Fullard-Leo
  133 F.2d 743· 9th Cir.· 1943-02-01 ·cited 6×
  The dissenting judge believes the dismissal was proper because the appellees' long-continued possession under claim of right created a presumption of title that the government failed to overcome.
• Winkelmann v. Calvert
  129 F.2d 536· C.C.P.A.· 1942-06-15 ·cited 6×
  Priority of invention was properly awarded to Calvert for most counts because the evidence strongly indicated he surreptitiously disclosed his work to Winkelmann's assignee. The court reversed the award of priority for certain counts to Winkelmann.
• B. L. E. Realty Corp. v. Parker
  102 Fla. 298· Fla.· 1931-06-30 ·cited 6×
  B.L.E. Realty Corporation sued J.W. Parker for breach of a bilateral truck gardening contract, claiming four separate breaches resulting in damages. The Florida Supreme Court reversed the jury verdict of $2,500 and subsequent judgment of $1,500, finding the evidence of damages to
• Abram Wolkowsky v. Gutman Kirchick
  85 Fla. 210· Fla.· 1923-02-23 ·cited 6×
  In this foreclosure mortgage case on second appeal, the Florida Supreme Court reversed the trial court's decree dismissing the foreclosure action. The defendants claimed a prior agreement extended the mortgage payment due date and waived the insurance covenant, but the court foun
• January Nobles v. L'Engle
  58 Fla. 480· Fla.· 1909-06-01 ·cited 6×
  January Nobles sought specific performance of two land contracts with Francis F. L'Engle and recovery of rental income wrongfully collected by L'Engle's estate. The Florida Supreme Court reversed the trial court's dismissal, holding that Nobles had substantially performed the con
• Robert Clyde & Eve Despard v. Progressive Am. Ins. Co.
  2023 WL 11841026· M.D. Fla.· 2025-10-02 ·cited 5×
  The court held that the defendant insurance company sufficiently demonstrated diversity jurisdiction and the amount in controversy, thus denying the plaintiffs' motion to remand.
• Crawford v. Rodriguez de Hernandez
  M.D. Fla.· 2025-03-11 ·cited 5×
  The court held that defendants failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional threshold.
• Meagan Corbett v. State
  348 So. 3d 645· Fla. 5th DCA· 2022-05-13 ·cited 5×
  When a defendant challenges a procedural error in a Stand Your Ground immunity motion—such as the application of an incorrect evidentiary burden—the proper vehicle for review is a petition for writ of certiorari, not prohibition. Prohibition is appropriate only when the defendant
• United States v. Edwar Rodriguez
  34 F.4th 961· 11th Cir.· 2022-05-12 ·cited 5×
  The Eleventh Circuit affirmed the district court's sentencing, holding that the defendant could be held accountable for the entire 200 kilograms of methamphetamine distributed by the conspiracy.
• Gorrin Jr. v. Poker Run Acquisitions, Inc.
  237 So. 3d 1149· Fla. 3d DCA· 2018-01-31 ·cited 5×
  Summary judgment in fraudulent transfer cases is available only in extraordinary circumstances and is improper when genuine issues of material fact exist concerning the debtor's intent. The determination of credibility and the weighing of conflicting evidence is for the trier of
• Reynoldo Martin-Godinez v. State
  225 So. 3d 926· Fla. 1st DCA· 2017-08-15 ·cited 5×·via Burden Of Proof By Preponderance Of The Evidence
  The court held that the trial court did not err in denying the motion to suppress statements made by the appellant, as the totality of the circumstances supported a knowing and voluntary waiver of his Miranda rights.
• Early v. State
  223 So. 3d 1023· Fla. 1st DCA· 2017-03-03 ·cited 5×·via Burden Of Proof By Preponderance Of The Evidence
  Stephen Early was convicted of second-degree murder with a knife in the death of Quinton Epps. Early claimed Stand Your Ground immunity and self-defense, but the appellate court affirmed the conviction, finding that Early's multiple inconsistent statements to police and lack of v
• M.T. v. Agency for Persons with Disabilities
  212 So. 3d 413· Fla. 3d DCA· 2016-08-24 ·cited 5×
  M.T., a young man with Lennox-Gastaut syndrome and continuous seizures, sought enrollment in Florida's Home and Community-Based Services Waiver Program for intellectually disabled individuals. The Agency for Persons with Disabilities (APD) and a hearing officer denied his applica