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

• B.J. v. Dep't OF Child. & Families
  190 So. 3d 191· Fla. 3d DCA· 2016-04-20 ·cited 5×
  Mother B.J. appealed the trial court's adjudication of her daughter A.G. as dependent following the death of A.G.'s infant sibling. The Third District Court of Appeal reversed, holding that the totality of circumstances—a messy hotel room, parents' cannabis use, alleged evasivene
• State v. Burt
  183 So. 3d 1117· Fla. 5th DCA· 2015-07-17 ·cited 5×
  The State appealed a trial court's downward departure sentence for a defendant convicted of DUI and careless operation causing serious bodily injury. The appellate court reversed, holding that the trial court's finding that the offenses were isolated incidents was factually unsup
• HO Yeaon SEO v. State
  143 So. 3d 1189· Fla. 1st DCA· 2014-08-14 ·cited 5×
  The Florida First District Court of Appeal affirmed a conviction for unlawful use of a computer and traveling to meet a minor, rejecting the appellant's entrapment defense. The court also affirmed the trial court's decision to impose a downward departure sentence, certifying conf
• State v. McELROY
  145 So. 3d 866· Fla. 2d DCA· 2014-04-30 ·cited 5×
  The State of Florida appealed a downward departure sentence imposed on David McElroy for domestic battery by strangulation. The appellate court reversed the sentence, holding that the trial court's finding of a mental disorder warranting specialized treatment was not supported by
• RLI Live OAK, LLC v. S. Fla. Water Mgmt. Dist.
  99 So. 3d 560· Fla. 5th DCA· 2012-08-31 ·cited 5×
  When a court is asked to impose civil fines for alleged violations, the moving party must prove the violations by clear and convincing evidence, not merely by a preponderance of the evidence.
• State v. Delgado
  92 So. 3d 314· Fla. 3d DCA· 2012-07-25 ·cited 5×
  The State appealed the trial court's suppression of evidence in a cannabis cultivation and possession case, arguing that the defendant voluntarily consented to a warrantless search of his residence following a lawful knock-and-talk encounter. The appellate court reversed, holding
• Daniels v. State
  45 So. 3d 922· Fla. 3d DCA· 2010-10-06 ·cited 5×
  James Daniels appeals from an order revoking his probation and sentencing him to 33.675 months in prison. The appellate court affirms the sentence but remands for the trial court to specify which probation conditions were violated in its written order.
• State v. A.C.
  44 So. 3d 1240· Fla. 5th DCA· 2010-10-01 ·cited 5×
  In this juvenile dependency case, Florida appeals a trial court's disposition order that committed a 15-year-old to a Level 4 residential program and then immediately modified it to probation without stated reasons. The court reverses, holding that the trial court improperly circ
• Wonder v. State
  52 So. 3d 696· Fla. 4th DCA· 2010-08-11 ·cited 5×
  The court denied the petition for certiorari, finding the trial court did not depart from the essential requirements of law.
• United States v. O'Brien
  1st Cir.· 2010-05-24 ·cited 5×
  The Court should overrule McMillan v. Pennsylvania, which incorrectly distinguished between sentencing factors and elements of an offense when those factors increase a defendant's punishment.
• State v. Petion
  992 So. 2d 889· Fla. 2d DCA· 2008-10-24 ·cited 5×
  The State appeals a suppression order granted by the circuit court after deputies found powder cocaine in a secret compartment discovered during a consensual vehicle search. The appellate court reversed, holding that the defendant did not withdraw consent through nonverbal commun
• Lemuel Isaac v. State
  989 So. 2d 1217· Fla. 1st DCA· 2008-09-04 ·cited 5×
  Any error in imposing a departure sentence based on an escalating pattern of criminal activity, without jury determination, was harmless because the record clearly indicated such a pattern.
• Davis v. State
  945 So. 2d 607· Fla. 4th DCA· 2006-12-20 ·cited 5×
  Mario Davis appeals the revocation of his probation. The appellate court affirmed the trial court's finding that Davis violated his probation by dealing in stolen property and providing false verification of ownership to a pawn broker, but reversed the finding regarding failure t
• Garcia v. Angarita
  440 F. Supp. 2d 1364· S.D. Fla.· 2006-07-14 ·cited 5×
  The court adopted the Magistrate Judge's recommendation to grant the petition, ordering the children returned to Colombia.
• Tyson v. State
  922 So. 2d 338· Fla. 5th DCA· 2006-02-24 ·cited 5×
  Andrew Tyson appeals his conviction for cocaine possession, challenging the validity of a warrantless search of his person following a traffic stop. The court reverses because the State failed to prove that Tyson affirmatively consented to the search; the deputy's testimony was a
• Koziara v. City of Casselberry
  239 F. Supp. 2d 1245· M.D. Fla.· 2002-12-10 ·cited 5×
  The court held that the doctrine of res judicata barred the plaintiffs' federal claims because the issues raised could have been litigated in prior state court proceedings.
• Alexander v. State
  778 So. 2d 1017· Fla. 4th DCA· 2000-12-20 ·cited 5×
  James Alexander was convicted of first-degree murder and kidnapping in the death of Louis Gordon and sentenced to life without parole. On appeal, Alexander challenged the admission of hearsay evidence regarding co-conspirator statements and complained that the trial court failed
• McFARLAND v. State
  764 So. 2d 834· Fla. 5th DCA· 2000-08-04 ·cited 5×
  McFarland appeals his probation revocation and sentencing for arson. The court reversed, finding that the state's case rested solely on inadmissible hearsay evidence—a witness's recanted statement—and therefore lacked sufficient non-hearsay evidence to support the revocation by a
• State v. Imran Baksh
  758 So. 2d 1222· Fla. 4th DCA· 2000-05-17 ·cited 5×
  Florida appealed a downward departure sentence imposed on Imran Baksh for burglary of a dwelling and possession of burglary tools. The Fourth District Court of Appeal affirmed the downward departure but remanded for the trial court to file written reasons as required by law, sinc
• United States v. Sternberg (In Re Sternberg)
  229 B.R. 238· S.D. Fla.· 1998-11-12 ·cited 5×
  The Court of Appeals reversed the Bankruptcy Court's order, finding that the debtor's transfer of assets to his wife was a willful attempt to evade taxes, making the debt nondischargeable.
• Resolution Tr. Corp. v. Pharaon
  915 F. Supp. 351· S.D. Fla.· 1996-01-24 ·cited 5×
  The court held that the exercise of personal jurisdiction over the defendant, Ghaith R. Pharaon, was proper because he had established sufficient minimum contacts with Florida through his business dealings and visits related to Centrust Bank.
• Preston v. City OF Fort Pierce
  637 So. 2d 326· Fla. 4th DCA· 1994-05-25 ·cited 5×
  This forfeiture case addresses whether a trial court abuses its discretion by refusing to compel an incarcerated defendant's attendance at a civil forfeiture trial where the defendant's property interest is at stake and his testimony is critical to his defense. The court held tha
• United States v. Vasquez-Olvera
  999 F.2d 943· 5th Cir.· 1993-08-24 ·cited 5×
  The dissenting judge holds that 8 U.S.C. § 1326(b) should be classified as a separate offense, not a sentencing enhancement. The judge believes the statute is ambiguous and should be resolved in favor of the defendant under the rule of lenity.
• Sec. & Exch. Comm'n v. Maxwell C. Huffman, Jr.
  996 F.2d 800· 5th Cir.· 1993-08-02 ·cited 5×
  An order of disgorgement by the SEC is not a 'debt' under the Federal Debt Collection Procedures Act of 1990, and therefore state property law exemptions incorporated into the Act do not apply to its collection.
• Levinson v. United States
  969 F.2d 260· 7th Cir.· 1992-07-15 ·cited 5×
  The court held that res judicata, collateral estoppel, and judicial estoppel do not bar the government from arguing that tax debts are nondischargeable due to fraud, and that the bankruptcy court did not err in finding fraud.
• Dep't OF Health & Rehabilitative Servs. v. Moore
  603 So. 2d 13· Fla. 5th DCA· 1992-07-10 ·cited 5×
  In this paternity case, the Department of Health and Rehabilitative Services appealed a judicial hearing officer's finding that the plaintiff failed to prove paternity by a preponderance of the evidence. The court affirmed, holding that paternity evaluation reports were properly
• Palm Beach Atl. Coll., Inc. v. First United Fund, Ltd.
  928 F.2d 1538· 11th Cir.· 1991-04-22 ·cited 5×
  The court held that the College's cross-appeal was dismissed as untimely, and affirmed the district court's awards of compensatory damages for breach of contract and punitive damages for fraud, but reversed the award of trebled damages for civil theft due to an erroneous jury ins
• United States v. LOT 9
  919 F.2d 994· 5th Cir.· 1990-12-26 ·cited 5×
  The court held that the government showed probable cause to forfeit the husband's interest in the home, but the wife raised a genuine issue of fact regarding her 'innocent owner' defense, requiring further proceedings.
• C.M. Life Ins. Co. v. Ortega
  562 So. 2d 702· Fla. 3d DCA· 1990-02-27 ·cited 5×
  C.M. Life Insurance Company appeals a judgment awarding full life insurance proceeds to the beneficiaries of an insured who died playing Russian roulette. The court reversed, holding that the insured's death constituted suicide within the contestable period despite the trial cour
• United States v. One Parcel of Real Est. Consisting of Approximately 4
  730 F. Supp. 423· S.D. Fla.· 1989-08-18 ·cited 5×
  The court held that the claimant proved the 'innocent owner' defense under 21 U.S.C. § 881(a)(7) because the owners lacked knowledge of and did not consent to the illegal activity, and the criminal intent of a minor shareholder could not be imputed to the corporation.
• United States v. Schleicher
  862 F.2d 1320· 8th Cir.· 1988-12-08 ·cited 5×
  The court held that the trial court did not err in admitting co-conspirator testimony and evidence of other crimes, and that sufficient evidence supported the conviction.
• United States v. Simpkins
  826 F.2d 94· D.C. Cir.· 1987-08-14 ·cited 5×
  Pretrial detention under the Bail Reform Act is permissible when supported by clear and convincing evidence of danger to the community, and does not violate substantive due process.
• Davis v. O.L. McCOTTER
  766 F.2d 203· 5th Cir.· 1985-07-22 ·cited 5×
  The Texas rule requiring a defendant to prove duress by a preponderance of the evidence does not violate the due process clause of the Fourteenth Amendment.
• Selig v. United States
  740 F.2d 572· 7th Cir.· 1984-07-27 ·cited 5×
  The court held that the district court's finding that the $10.2 million allocation to player contracts was reasonable was not clearly erroneous.
• Hockett v. United States
  730 F.2d 709· 11th Cir.· 1984-04-23 ·cited 5×
  The government cannot challenge the admissibility of expert testimony on appeal when it failed to object contemporaneously at trial.
• Douglas N. Higgins, Inc. v. Fla. Keys Aqueduct Auth.
  565 F. Supp. 126· S.D. Fla.· 1983-06-21 ·cited 5×
  A disappointed bidder does not have a constitutionally protected property interest under Section 1983 if the state administrative findings, affirmed by state courts, determined there was no material non-compliance by the successful bidder.
• United States v. $4
  551 F. Supp. 314· S.D. Fla.· 1982-11-10 ·cited 5×
  The United States brought civil forfeiture actions against $4,255,625.39 in a Capital Bank account and $3,686,639 in seized currency, alleging the funds were proceeds of narcotics transactions or involved in drug money laundering. The court found that Beno Ghitis, operating throu
• Thompson v. King
  523 F. Supp. 180· M.D. Fla.· 1981-09-10 ·cited 5×
  The court held that personal jurisdiction over the defendant was established because the plaintiff's allegation of a contractual promise to make payment in Florida, if proven, satisfied Florida's long-arm statute and constitutional due process requirements.
• United States v. Ridolfi
  318 F.2d 467· 2d Cir.· 1963-06-14 ·cited 5×
  The court held that the doctrine of res ipsa loquitur was improperly applied because the plaintiff failed to establish that the injury was probably caused by the defendant's negligence, as the accident occurred during an unanticipatable seizure.
• Insurcomm, Inc. v. TAD Recovery Servs., LLC
  2021 WL 3493164· M.D. Fla.· 2024-07-26 ·cited 4×
  The court denied the motion for default judgment because subject-matter jurisdiction was not adequately established regarding complete diversity and the amount in controversy.
• Beal v. 3m Co.
  N.D. Fla.· 2022-04-28 ·cited 4×
  The court held that the expert testimony of Drs. Spankovich and Packer was admissible, as they provided reliable bases for linking the CAEv2 to the plaintiff's injuries and ruling out alternative causes. The court also ruled on the admissibility of defendants' experts' testimony,
• Miller v. State
  328 So. 3d 1115· Fla. 2d DCA· 2021-10-20 ·cited 4×
  Keith Miller appealed the revocation of his probation, arguing the written order did not match the judge's oral pronouncements. The appellate court affirmed the revocation but remanded for correction of the written order to align with the oral findings and fix scrivener's errors.
• United States v. Latecia Watkins
  13 F.4th 1202· 11th Cir.· 2021-09-16 ·cited 4×
  The court held that the inevitable discovery exception applied, allowing the admission of evidence obtained after a Fourth Amendment violation because the evidence would have been discovered through lawful means (a knock and talk) that were actively being pursued.
• United States v. Carrasquillo
  4 F.4th 1265· 11th Cir.· 2021-07-14 ·cited 4×
  The court held that while a procedural error occurred in sentencing, the record was sufficient for review, and the district court's factual finding that the firearm was connected to the offense foreclosed safety-valve relief.
• United States v. Matthews
  3 F.4th 1286· 11th Cir.· 2021-07-06 ·cited 4×
  The Eleventh Circuit affirmed the defendant's sentence, holding that the district court did not err in applying sentencing enhancements for a firearm capable of accepting a large capacity magazine and for a prior conviction of a crime of violence.
• Mangini v. State
  302 So. 3d 1058· Fla. 5th DCA· 2020-08-27 ·cited 4×
  The appellate court held that the trial court abused its discretion by revoking probation based on insufficient evidence, particularly hearsay, and without proving the appellant's ability to pay costs.
• United States v. Green
  969 F.3d 1194· 11th Cir.· 2020-08-11 ·cited 4×
  RICO conspiracy is not a crime of violence under 18 U.S.C. § 924(c)(3)(A), and Corey's sentence was procedurally unreasonable due to inadequate explanation and reliance on clearly erroneous facts.
• Milanes v. State
  296 So. 3d 933· Fla. 4th DCA· 2020-06-03 ·cited 4×
  Rashad Milanes appeals the revocation of his probation and imposition of concurrent fifteen-year prison sentences for a curfew violation. The appellate court reversed, finding the trial court committed fundamental error by relying on facts not supported by the record and impermis
• Maddox v. State
  288 So. 3d 1223· Fla. 5th DCA· 2019-12-27 ·cited 4×
  A defendant is not entitled to a new Stand Your Ground hearing when the trial court applied an incorrect burden of proof but the evidence clearly establishes the defendant is not entitled to immunity under either standard.
• Williams v. LM Gen. Ins. Co.
  129 La. 983· M.D. Fla.· 2019-07-03 ·cited 4×
  The court held that the amount in controversy was facially apparent from the complaint, satisfying the jurisdictional requirement for removal, and thus denied the motion to remand.