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

• L.J. v. Sch. Bd. OF Broward Cnty.
  927 F.3d 1203· 11th Cir.· 2019-06-26 ·cited 4×
  The Eleventh Circuit established that a school district violates the Individuals with Disabilities Education Act (IDEA) when it materially deviates from a child's individualized education plan (IEP), not when it commits minor or technical violations. The court rejected both a per
• Hull v. Autumn Sexton Hull
  273 So. 3d 1135· Fla. 5th DCA· 2019-05-31 ·cited 4×
  A trial court lacks authority under section 61.13001 to modify a previously agreed-upon time-sharing schedule when a parent's relocation petition is denied, even if the parent subsequently relocates without court permission. The statute provides for time-sharing modification only
• OAK Grove Res., LLC v. Dir., Owcp, United States Dep't of Labor
  920 F.3d 1283· 11th Cir.· 2019-04-11 ·cited 4×
  The court held that under the Black Lung Benefits Act's automatic entitlement provision, survivors are entitled to benefits if the miner was eligible at the time of death, regardless of whether a formal determination of eligibility occurred before death.
• Drossos v. State
  43 Fla. L. Weekly D2237· Fla. 2d DCA· 2018-12-14 ·cited 4×
  Peter Drossos appeals his manslaughter conviction, arguing he is entitled to a new pretrial immunity hearing under Florida's amended Stand Your Ground law. The court reversed and remanded, holding that the 2017 amendment to section 776.032, which shifted the burden of proof to th
• State v. Hollinger
  253 So. 3d 1207· Fla. 5th DCA· 2018-08-17 ·cited 4×
  The Florida District Court of Appeal, Fifth District reversed a downward departure sentence imposed on Sarah Marie Hollinger for theft and fraud offenses, finding that the trial court's findings supporting the departure—that the offenses were committed in an unsophisticated manne
• R.L.C. v. State
  241 So. 3d 199· Fla. 4th DCA· 2018-04-04 ·cited 4×
  A trial court commits reversible error by ordering a juvenile to a non-secure residential program without making the written findings required by Florida Statute § 985.441(2)(d), even if the oral pronouncement at the disposition hearing contains the necessary factual basis. The c
• Brown v. State
  221 So. 3d 731· Fla. 1st DCA· 2017-06-01 ·cited 4×
  David Lee Brown appealed the revocation of his sex offender probation based on two alleged violations: failure to register a cell phone and using intoxicants to excess. The First District Court of Appeal affirmed the trial court's decision, finding sufficient evidence for both vi
• Fla. Dep't OF Child. & Families v. Davis Family DAY Care Home
  160 So. 3d 854· Fla.· 2015-03-26 ·cited 4×
  The Florida Supreme Court held that the preponderance of the evidence standard, not the clear and convincing evidence standard, applies to initial license application proceedings under Florida's Administrative Procedure Act. The Court quashed the Second District's decision that h
• Prinz v. State
  149 So. 3d 65· Fla. 4th DCA· 2014-08-20 ·cited 4×
  Christina Prinz appeals a restitution order totaling $149,183 following her guilty plea to grand theft. The court affirms the $144,183 theft amount supported by forensic accounting evidence but reverses the $5,000 in bookkeeping and accounting expenses because they lacked support
• Dep't of Hwy. Safety & Motor Vehicles v. Colling
  178 So. 3d 2· Fla. 5th DCA· 2014-06-06 ·cited 4×
  The Florida Fifth District Court of Appeal denied the Department of Highway Safety and Motor Vehicles' petition for certiorari review of a circuit court decision quashing a driver's license suspension. Although the court disagreed with the circuit court's reasoning regarding juri
• Koren v. Sch. Bd. OF Miami-Dade Cnty.
  97 So. 3d 215· Fla.· 2012-06-07 ·cited 4×
  The Florida Supreme Court reversed the Third District Court of Appeal's dismissal of an unfair labor practice charge filed by a teacher against a school board. The Court held that the teacher had stated a prima facie case of retaliation based on the Gibbons standard, which requir
• In re Amendments to the Florida Rules of Juvenile Procedure
  75 So. 3d 216· Fla.· 2011-10-20 ·cited 4×
  The Florida Supreme Court adopted proposed amendments to the Florida Rules of Juvenile Procedure conforming the rules and forms to recent legislation regarding judicial waiver of parental notification of pregnancy termination. The Court modified one amendment to ensure proper ali
• Morrison v. State
  59 So. 3d 308· Fla. 2d DCA· 2011-04-20 ·cited 4×
  Morrison appealed the revocation of his probation and upward departure sentences for two counts of lewd and lascivious conduct on a child under sixteen. The court affirmed the probation revocation but reversed the upward departure sentences and remanded for resentencing because t
• Garcia v. State
  60 So. 3d 1097· Fla. 4th DCA· 2011-04-20 ·cited 4×
  The court held that the detective's statements did not constitute an implied promise of leniency, and therefore, the confession was voluntary and admissible.
• Candie Marie Anderson v. State
  48 So. 3d 1015· Fla. 5th DCA· 2010-12-03 ·cited 4×
  Anderson was convicted of violating community control by driving with a suspended license and argues the State failed to prove she knew of the suspension. The Fifth District affirmed, holding that statutory proof of mailing notice to her correct address was sufficient evidence of
• Dreyer v. State
  46 So. 3d 613· Fla. 2d DCA· 2010-09-22 ·cited 4×
  William Dreyer was convicted of exploiting the elderly and ordered to pay $31,570 in restitution. The court affirmed his conviction and sentence but reversed the restitution order because the amount was supported solely by inadmissible hearsay evidence.
• E.J. v. State
  40 So. 3d 922· Fla. 4th DCA· 2010-08-04 ·cited 4×
  The court held that a juvenile's actions mimicking a driver's compliance with a search, without more, do not constitute voluntary consent, especially given the juvenile's age and inexperience.
• E.J. v. State
  29 So. 3d 348· Fla. 3d DCA· 2010-02-10 ·cited 4×
  E.J., a juvenile, appealed his probation revocation, challenging the trial court's finding that he violated multiple probation conditions. The appellate court reversed two of the four alleged violations but affirmed the probation revocation based on two remaining substantial viol
• Galego v. State
  27 So. 3d 152· Fla. 3d DCA· 2010-01-29 ·cited 4×
  Eduardo Galego, a sex offender on probation, was found to have violated his curfew and sentenced to 25 years in prison. The court reversed, holding that the State failed to prove by a preponderance of the evidence that Galego willfully violated his probation, as unrebutted expert
• C.A.D. v. State
  18 So. 3d 672· Fla. 1st DCA· 2009-09-17 ·cited 4×
  C.A.D., a juvenile adjudicated delinquent for violating probation, appealed the trial court's order committing him to a high-risk facility instead of the moderate-risk facility recommended by the Department of Juvenile Justice. The appellate court affirmed, finding the trial cour
• Powanda v. State
  8 So. 3d 1230· Fla. 2d DCA· 2009-05-01 ·cited 4×
  The appellate court reversed an upward departure sentence because the state failed to present sufficient evidence to support the aggravating factors used to justify the departure. The case highlights the evidentiary requirements for imposing sentences outside the standard guideli
• The City OF Miami v. Wellman
  976 So. 2d 22· Fla. 3d DCA· 2008-01-23 ·cited 4×
  The City of Miami appeals an injunction against enforcement of its vehicle impoundment ordinances. The court affirms, finding the ordinances unconstitutional on three independent grounds: inadequate notice requirements, use of preponderance of the evidence standard instead of cle
• J.O. v. Dep't of Child. & Fam. Servs.
  970 So. 2d 395· Fla. 3d DCA· 2007-11-07 ·cited 4×
  A child is dependent under Florida law when the parent conducts drug sales from the home where the child resides, creating a substantial risk of imminent harm to the child's physical and mental health, even absent evidence the child was present during transactions.
• Roundtree v. State
  955 So. 2d 1184· Fla. 3d DCA· 2007-05-02 ·cited 4×
  The court held that the trial court did not err in finding violations for failure to report and changing address without permission, but did err in finding violations for failing to complete psychological evaluation and domestic intervention program without a specified timeframe.
• H.L.C. v. State
  950 So. 2d 1268· Fla. 5th DCA· 2007-03-16 ·cited 4×
  The court held that a restitution order will be affirmed if supported by competent evidence, even if the State confesses error.
• K.B. v. State
  923 So. 2d 1261· Fla. 1st DCA· 2006-03-29 ·cited 4×
  K.B., a juvenile, appeals his adjudication as delinquent and commitment to a moderate risk residential placement that deviated from the Department of Juvenile Justice's recommendation for a low risk placement. The court affirmed the delinquency adjudication but reversed the dispo
• Macdroleya Francois v. State
  923 So. 2d 1219· Fla. 3d DCA· 2006-03-22 ·cited 4×
  The appellate court affirmed the trial court's revocation of probation, holding that the commission of a sexual battery during the probationary period was a sufficient basis for revocation, even if other alleged violations were disputed.
• J.L. v. Dep't OF Child. & Families
  899 So. 2d 1254· Fla. 4th DCA· 2005-04-20 ·cited 4×
  The court held that the evidence of multiple beatings, the child being undressed, and the father's intent to continue the punishment was sufficient to establish dependency, distinguishing it from prior cases where bruising alone was insufficient.
• Sauni Monica Bonner v. State
  899 So. 2d 1212· Fla. 2d DCA· 2005-04-15 ·cited 4×
  Florida appellate court reversed a restitution order of $430 because the trial court relied solely on hearsay evidence regarding the amount of damages, despite a timely objection, and remanded for a new hearing where the State must present admissible evidence of the loss.
• P.C. v. Dep't of Child. & Fam. Servs.
  898 So. 2d 195· Fla. 2d DCA· 2005-03-11 ·cited 4×
  The court held that the evidence did not support the trial court's findings of abandonment and abuse, thus reversing the dependency adjudication.
• Gessner v. State
  890 So. 2d 565· Fla. 2d DCA· 2005-01-14 ·cited 4×
  The court held that the trial court erred in revoking probation because the State failed to prove willful and substantial violations of the probation conditions.
• Dillow v. State
  884 So. 2d 508· Fla. 2d DCA· 2004-10-13 ·cited 4×
  Robert Dillow appeals the denial of his motion to suppress a confession to burglaries, arguing it was involuntary due to alleged threats by a detective. The court reverses because the trial judge failed to make the required factual findings about witness credibility and voluntari
• M.M.S. v. State
  877 So. 2d 941· Fla. 2d DCA· 2004-07-28 ·cited 4×
  Florida appellate court reversed restitution order because trial court improperly relied on hearsay evidence to determine the stolen ring's value, requiring a new hearing to establish fair market value.
• Parker v. State
  874 So. 2d 683· Fla. 4th DCA· 2004-05-26 ·cited 4×
  A prison releasee reoffender cannot be sentenced under the sentencing guidelines, even if a later provision allows for greater sentences, as the specific prohibition against guidelines sentencing must be given effect.
• Kirk v. State
  869 So. 2d 670· Fla. 5th DCA· 2004-04-02 ·cited 4×
  The trial court did not err in admitting documents to determine the amount of restitution, as they were admissible under the public records exception and were self-authenticating.
• C.M.K. v. State
  855 So. 2d 1234· Fla. 1st DCA· 2003-10-13 ·cited 4×
  In this juvenile delinquency case, the Florida First District Court of Appeal reversed the trial court's disposition order committing C.M.K. to moderate-risk residential placement because the trial court failed to state reasons for disregarding the Department of Juvenile Justice'
• Hudson v. State
  844 So. 2d 762· Fla. 5th DCA· 2003-05-09 ·cited 4×
  On remand from a prior appeal, the trial court held a hearing on whether the state's DNA expert, Emily Booth, was qualified to testify about statistical analysis in a sexual battery case. The Fifth District affirmed the trial court's finding that Booth was qualified, establishing
• State v. Smith
  832 So. 2d 249· Fla. 5th DCA· 2002-12-06 ·cited 4×
  A trial court has no discretion to refuse sentencing a defendant as a Prison Releasee Reoffender (PRR) once the state proves the defendant meets the statutory criteria.
• L.W. and P.G. v. Fla. Dep't of Child. & Fam. Servs.
  829 So. 2d 938· Fla. 3d DCA· 2002-10-16 ·cited 4×
  The court held that the adjudications of dependency as to both parents were erroneous and should be reversed.
• Smith v. State
  801 So. 2d 1043· Fla. 5th DCA· 2001-12-21 ·cited 4×
  The court held that the state failed to prove the amount of restitution by a preponderance of the evidence, and the trial court should have held an evidentiary hearing.
• Smith v. State
  788 So. 2d 1131· Fla. 2d DCA· 2001-07-11 ·cited 4×
  John Smith appealed the revocation of his community control after a probation officer conducted a surprise visit and failed to locate him at his stated workplace. The court reversed the revocation order because the State presented insufficient evidence to prove Smith violated his
• State v. Dunning
  742 So. 2d 378· Fla. 2d DCA· 1999-08-20 ·cited 4×
  The State appealed Rhonda Dunning's downward departure sentences for lewd and lascivious acts and unlawful sexual activity with minors. The court found the trial judge's reasons for departure—that the offense was unsophisticated and isolated with remorse shown—were not supported
• Williams v. The Est. OF Nero Pender
  738 So. 2d 453· Fla. 1st DCA· 1999-07-27 ·cited 4×
  The court held that the correct standard of proof for equitable or virtual adoption in Florida is clear and convincing evidence, not a mere preponderance.
• E.S. v. State
  736 So. 2d 1242· Fla. 5th DCA· 1999-06-25 ·cited 4×
  E.S., a 17-year-old adjudicated delinquent for battery, appeals his Level Six commitment to the Department of Juvenile Justice after the trial court disregarded DJJ's recommendation for community control. The appellate court affirms, holding that the trial court properly exercise
• A.H. v. State
  724 So. 2d 1268· Fla. 1st DCA· 1999-02-05 ·cited 4×
  The Florida First District Court of Appeal reversed a juvenile delinquency adjudication and dispositional order because the trial court's finding that the child was a member of a criminal street gang, which justified deviation from the Department of Juvenile Justice's recommended
• Adickes v. State
  712 So. 2d 815· Fla. 5th DCA· 1998-07-02 ·cited 4×
  Probation violation affidavit must be dismissed where the Department of Corrections gave affirmative misadvice that the defendant was not on probation, as any violation cannot be willful without knowledge of the probation condition.
• State v. Donald J. Banks
  712 So. 2d 1165· Fla. 2d DCA· 1998-06-12 ·cited 4×
  The State appeals a downward departure sentence imposed on Donald Banks for aggravated battery. The trial court departed downward from guidelines based on the need for restitution, but the appellate court reversed, finding this reason unsupported by sufficient evidence in light o
• City OF Tallahassee v. The BIG Bend Police Benevolent Ass'n
  710 So. 2d 214· Fla. 1st DCA· 1998-05-05 ·cited 4×
  The City of Tallahassee appealed a trial court's order confirming an arbitrator's decision, arguing the arbitrator exceeded his authority or violated public policy by reinstating a police lieutenant. The appellate court affirmed, holding that the arbitrator's use of a stricter st
• Brown v. State
  667 So. 2d 901· Fla. 4th DCA· 1996-02-07 ·cited 4×
  Lorenzo Brown appealed his conviction for manslaughter, attempted manslaughter, and carrying a concealed weapon, challenging both the trial court's departure sentence and restitution order. The Fourth District Court of Appeal affirmed both, finding the trial court did not abuse i
• Passaat, Ltd. v. Bettis
  654 So. 2d 980· Fla. 4th DCA· 1995-04-26 ·cited 4×
  In a fraudulent misrepresentation action involving the sale of a yacht, the trial court entered judgment for the defendants but appeared to apply an incorrect standard of proof. The appellate court reversed, holding that fraud claims require only a preponderance of the evidence s