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

• Sankey v. State
  194 So. 3d 549· Fla. 2d DCA· 2016-06-22 ·cited 3×
  Tyler Sankey appeals the revocation of his probation on two alleged violations: failure to pay costs of supervision and failure to allow his probation officer home visits. The court reversed, holding that the State failed to present sufficient evidence of willful violations, part
• United States v. Fiorentino
  2016 WL 899311· S.D. Fla.· 2016-03-02 ·cited 3×
  The court adopted the magistrate judge's recommendation that restitution be calculated as a percentage of the defendants' total compensation, and that Gilbert's prior settlement payment should offset the restitution amount.
• Rudin v. State
  182 So. 3d 724· Fla. 1st DCA· 2015-12-22 ·cited 3×
  A defendant claiming immunity under Florida's justified use of deadly force statute must prove by a preponderance of evidence that deadly force was necessary to prevent imminent death, great bodily harm, or an imminent forcible felony. Here, Rudin failed to meet this burden becau
• State v. Tomasheski
  168 So. 3d 248· Fla. 4th DCA· 2015-06-17 ·cited 3×
  The trial court erred by limiting restitution to the minimum amount of the monetary value range determined by the jury, as restitution may exceed the statutory value of the offense and is determined by the court.
• Williams v. State
  163 So. 3d 1257· Fla. 1st DCA· 2015-05-19 ·cited 3×
  Isaac Williams appealed the revocation of his probation based on two alleged violations. The appellate court reversed, finding the state failed to present sufficient evidence that Williams knowingly violated either probation condition—possession of controlled substances or associ
• State v. Bell
  122 So. 3d 422· Fla. 2d DCA· 2013-09-18 ·cited 3×
  The State appealed a suppression order in a marijuana possession case, arguing that Officer Cope's search of Bell was lawful because it followed a consensual encounter with valid consent. The Florida District Court of Appeal reversed, holding that the officer's initial contact wa
• White v. State
  76 So. 3d 410· Fla. 1st DCA· 2012-01-06 ·cited 3×
  Stanley Lee White appeals the trial court's revocation of his probation for sex offenses, challenging findings that four incidental contacts with minors violated his probation condition prohibiting unsupervised contact with children. The appellate court found that two of the four
• United States v. 1. All Funds in Account of Prop. Futures, Inc.
  820 F. Supp. 2d 1305· S.D. Fla.· 2011-10-04 ·cited 3×
  The court affirmed and adopted the Magistrate Judge's Report and Recommendation, granting partial summary judgment for the plaintiff and denying the motion to strike as moot.
• Ford v. State
  69 So. 3d 391· Fla. 2d DCA· 2011-09-16 ·cited 3×
  Harry Lynn Ford appeals the revocation of his community control and resulting five-year prison sentence. The appellate court reversed, finding insufficient evidence that Ford constructively possessed marijuana found in a car, recording studio, and apartment, and remanded for reco
• Myles v. State
  54 So. 3d 509· Fla. 3d DCA· 2010-12-15 ·cited 3×
  Christopher Myles appeals his convictions for sexual battery with a knife, kidnapping with a knife, and lewd and lascivious molestation of a child. The court affirmed, holding that Myles's initial DNA swabs were voluntarily given and that the DNA match established probable cause
• In the Interest of R.K. v. Dep't of Child. & Fam. Servs. & Guardian ad Litem Program
  38 So. 3d 859· Fla. 2d DCA· 2010-06-23 ·cited 3×·via Burden Of Proof By Preponderance Of The Evidence
  In this dependency case, the Florida Second District Court of Appeal reversed the trial court's adjudication of three minor children as dependent upon their father, finding that the trial court improperly relied almost entirely on inadmissible hearsay evidence from the mother and
• Ponce v. Fontainebleau Resorts, LLC
  653 F. Supp. 2d 1297· S.D. Fla.· 2009-07-13 ·cited 3×
  The court held that the defendant failed to meet its burden to prove the amount in controversy exceeded $75,000, and therefore, the case must be remanded to state court.
• E.S. v. Fla. Dep't of Child. & Families
  984 So. 2d 647· Fla. 1st DCA· 2008-06-24 ·cited 3×
  The court held that the trial court erred in adjudicating the child dependent based on one incident of corporal punishment and insufficient evidence of neglect, and that the Department failed to establish a nexus between the prior circumstances and the treatment of the subject ch
• Kathryn Wiggins c/o Pamela Andrews v. Fla. Dep't of Child. & Families
  919 So. 2d 619· Fla. 1st DCA· 2006-01-20 ·cited 3×
• Daniels v. State
  870 So. 2d 250· Fla. 2d DCA· 2004-03-26 ·cited 3×
  Roosevelt Daniels appeals his sentencing following revocation of probation, challenging an upward departure prison sentence imposed without an express plea agreement term addressing sentencing upon revocation. The court holds that a negotiated plea agreement for a probationary sp
• Gutter v. E.I. Dupont De Nemours
  124 F. Supp. 2d 1291· S.D. Fla.· 2000-09-20 ·cited 3×
  The court affirmed the Special Master's recommendations regarding the crime-fraud exception, finding that DuPont's attorney-client and work product privileges were vitiated by its fraudulent conduct, but set aside the recommendation to unseal the crime/fraud hearing transcript.
• R.L.W. v. State
  708 So. 2d 1032· Fla. 5th DCA· 1998-04-09 ·cited 3×
  Florida appellate court affirmed a juvenile delinquency adjudication and commitment at a higher restrictiveness level than recommended, holding that trial courts need only state reasons orally on the record, not in writing, when increasing the restrictiveness level above the Depa
• United States v. Paulino
  996 F.2d 1541· 3d Cir.· 1993-06-28 ·cited 3×
• Harlan Nolte v. Pearson
  994 F.2d 1311· 8th Cir.· 1993-06-03 ·cited 3×
  The court affirmed the district court's grant of a directed verdict, finding insufficient evidence to support the plaintiffs' claims for fraud, negligent misrepresentation, and RICO violations.
• United States v. Greene
  995 F.2d 793· 8th Cir.· 1993-04-30 ·cited 3×
  The court held that excluding individuals charged but not convicted of felonies from jury service is rationally related to the government's interest in ensuring juror integrity and impartiality, and that statements made during plea negotiations are generally inadmissible hearsay.
• A.S. v. Dep't of Health & Rehabilitative Servs.
  616 So. 2d 1202· Fla. 2d DCA· 1993-04-23 ·cited 3×
  A.S. appeals the Department of Health and Rehabilitative Services' denial of his request to expunge his name from a confirmed child neglect report after he left his six-year-old son unattended for several hours. The court reverses and remands, finding that the statutory definitio
• Tragarz v. Keene Corp.
  980 F.2d 411· 7th Cir.· 1992-11-06 ·cited 3×
  The court held that direct testimony of exposure, even without specific job sites, is sufficient to support a jury finding of probable exposure, and that evidence of low-level asbestos exposure can be a substantial factor in causing mesothelioma.
• In re Graham v. Internal Revenue Serv.
  973 F.2d 1089· 3d Cir.· 1992-08-24 ·cited 3×
  The court held that claim and issue preclusion do not bar the bankruptcy court from determining the dischargeability of taxes and fraud penalties, and that the burden of proof for fraud exceptions to discharge is by a preponderance of the evidence.
• Al Williams v. State
  602 So. 2d 643· Fla. 2d DCA· 1992-07-10 ·cited 3×
  Al Williams appealed his probation revocation and sentencing, challenging the sufficiency of evidence for revocation and the validity of a guidelines departure sentence. The court affirmed the probation revocation but reversed the sentencing, finding the trial judge's reasons for
• Powerhouse, Inc. v. Walton
  557 So. 2d 186· Fla. 1st DCA· 1990-02-20 ·cited 3×
  The court held that a trial court's application of an incorrect standard of proof for fraud can be reversible error, even if the evidence might otherwise support the finding. It also affirmed the award of damages for breach of contract against the corporation.
• United States v. Certain Real Prop.
  724 F. Supp. 908· S.D. Fla.· 1989-10-10 ·cited 3×
  The court held that claimants, as personal representatives of an estate, could not establish innocent ownership for forfeiture purposes because the knowledge of the beneficiaries was imputed to them, and the beneficiaries had actual knowledge of the illegal activity.
• In the Interest of R.H. and G.K.
  516 So. 2d 324· Fla. 2d DCA· 1987-12-09 ·cited 3×·via Burden Of Proof By Preponderance Of The Evidence
  The court held that the evidence presented was insufficient to support a finding of neglect under the statute, thus reversing the order of dependency.
• Valentine v. United States
  630 F. Supp. 1126· S.D. Fla.· 1986-03-20 ·cited 3×
  The court held that the plaintiff failed to prove by a preponderance of the evidence that the government's erroneous communication was the proximate cause of the deceased's demise.
• United States v. One (1) 1983 Homemade Vessel Named Barracuda
  625 F. Supp. 893· S.D. Fla.· 1986-01-14 ·cited 3×
  The court held that the vessel, having been constructed with secret compartments for smuggling, is subject to forfeiture under 19 U.S.C. § 1703, regardless of the owner's innocent ownership defense.
• Richards v. Sec'y OF State
  752 F.2d 1413· 9th Cir.· 1985-02-04 ·cited 3×
  A person loses United States citizenship by voluntarily performing an expatriating act if that act is accompanied by the specific intent to relinquish United States citizenship, regardless of the motivation for performing the act.
• Husk v. State
  453 So. 2d 153· Fla. 1st DCA· 1984-07-18 ·cited 3×
  The court held that the trial court's order for involuntary hospitalization was supported by clear and convincing evidence and that the relevant statute was constitutional.
• Migliorini v. United States
  521 F. Supp. 1210· M.D. Fla.· 1981-12-01 ·cited 3×
  The court held that the plaintiff failed to prove by a preponderance of the evidence that the swine flu vaccine caused her Guillain Barre Syndrome (GBS) or that the vaccine contained P2 protein.
• United States v. Kastenbaum
  613 F.2d 86· 5th Cir.· 1980-03-06 ·cited 3×
  The dissenting judge believes the majority erred in concluding that the trial judge's order reasonably led the appellant's attorneys to refrain from arguing lack of involvement with intimidation acts.
• Monroe v. State
  369 So. 2d 962· Fla. 3d DCA· 1979-01-09 ·cited 3×
  The denial of the motion to suppress a confession is affirmed because the defendant knowingly and intelligently waived his right to counsel, and the denial of a suppression motion based solely on a question of law is not preserved for appeal by a nolo contendere plea.
• Emps. Protective Ass'n v. Norfolk & W. Ry. Co.
  571 F.2d 185· 4th Cir.· 1977-12-06 ·cited 3×
  The court held that the existence and effect of the alleged Gilbert-Saunders agreement, which the Association claimed removed the issue of seniority roster integration from arbitration, was a matter for the arbitrator to decide, not the court.
• Patricia A. Fugitt (Patricia Craig Stewart) v. Jones
  549 F.2d 1001· 5th Cir.· 1977-04-01 ·cited 3×
  The court held that a judgment entered on inconsistent special verdict answers is reversible error, even if the party did not timely object to the inconsistency.
• Price v. Voyle C. Johnson and Mary Howland
  222 So. 2d 212· Fla. 3d DCA· 1969-04-29 ·cited 3×
  The court held that the trial court's determination of stock ownership claims for Voyle C. Johnson and Mary Howland was supported by competent substantial evidence and admissions.
• The NEW Horizons Telecasting Corp. v. Prof'l Ins. Corp.
  200 So. 2d 835· Fla. 1st DCA· 1967-07-06 ·cited 3×
  When circumstantial evidence is relied upon to establish suicide as a defense to an insurance claim, the facts must exclude any other reasonable hypothesis, but not fanciful or speculative ones, and where the evidence so clearly points to suicide that it leaves no room for a cont
• Gaither D. Peden, Jr. v. State Bd. OF Funeral Directors & Embalmers for Fla.
  189 So. 2d 526· Fla. 3d DCA· 1966-07-26 ·cited 3×
  Peden appealed the revocation of his funeral director and embalmer license by the State Board of Funeral Directors and Embalmers, arguing that license revocations require proof beyond a reasonable doubt rather than substantial competent evidence. The appellate court affirmed the
• Sherman v. Immigr. & Naturalization Serv.
  350 F.2d 894· 2d Cir.· 1966-01-17 ·cited 3×
  The court held that while deportation proceedings are civil, due process requires the Government to prove the facts upon which deportation depends beyond a reasonable doubt when deporting a long-time resident alien. The court reversed the deportation order and remanded the case f
• Lucile Melton Martin v. Martin
  157 Fla. 835· Fla.· 1946-07-26 ·cited 3×
  This case concerns a concurrence in a judgment regarding the validity of a marriage, specifically addressing the interpretation of testimony by the Chancellor below.
• Alachua Lake Corp. v. Jacobs
  151 Fla. 309· Fla.· 1942-08-04 ·cited 3×
  The Florida Supreme Court reversed a jury verdict in a motor vehicle tort case, finding that the trial court's jury instruction on the burden of proof was erroneous and misleading. The instruction improperly shifted the burden to the defendant to rebut plaintiff's case by a prepo
• Tampa Elec. Co. v. Lyons
  136 Fla. 14· Fla.· 1939-01-20 ·cited 3×
  Tampa Electric Company appeals a $3,500 judgment for negligent death, arguing insufficient evidence and jury error. The Florida Supreme Court affirmed, holding that conflicting evidence presented a jury question and the verdict was not manifestly against the weight of the evidenc
• Busalacchi v. Guhl
  M.D. Fla.· 2025-06-13 ·cited 2×
  The court held that the defendants failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus diversity jurisdiction was lacking.
• PRN Real Est. & Invs., Ltd. v. Cole
  85 F.4th 1324· 11th Cir.· 2023-11-02 ·cited 2×
  William W. Cole, Jr. filed for Chapter 7 bankruptcy, and creditor PRN Real Estate & Investments sought to deny or limit his discharge based on alleged fraudulent transfers and false statements in his bankruptcy filings. The Eleventh Circuit Court of Appeals affirmed the bankruptc
• Nadell v. Apachula B. Hursey
  363 So. 3d 1135· Fla. 3d DCA· 2023-06-21 ·cited 2×·via Burden Of Proof By Preponderance Of The Evidence
  This case involves a defendant seeking a writ of prohibition to overturn a trial court's denial of Stand Your Ground (SYG) immunity in a civil battery case. The appellate court, while questioning the availability of prohibition as a remedy in such civil cases, ultimately denied t
• State v. Garcia
  356 So. 3d 857· Fla. 2d DCA· 2022-11-16 ·cited 2×
  The State appealed a trial court's dismissal of charges against Pedro Lopez-Garcia for soliciting a minor, arguing the court erroneously decided the entrapment defense as a matter of law rather than submitting it to the jury. The appellate court reversed, holding that because the
• State v. Waylon Andrew Kahl
  333 So. 3d 809· Fla. 1st DCA· 2022-02-16 ·cited 2×
  The appellate court reversed a downward departure sentence, finding that the trial court improperly based the departure on generalized concerns about COVID-19 and the perceived "minimal nature" of the felony petit theft. The court held that these reasons did not constitute valid
• Faulstick v. State
  333 So. 3d 797· Fla. 5th DCA· 2022-02-10 ·cited 2×
  Faulstick appeals the revocation of his probation and sixty-month sentence for domestic battery. The court affirmed findings that he violated probation through new battery arrests and unauthorized contact with the victim, but reversed the finding regarding failure to complete a b
• Marvalene Hannibal and Kendra Matthews v. Portia Brandy Navarro and Alzata Thurston
  317 So. 3d 1179· Fla. 3d DCA· 2021-02-03 ·cited 2×
  Where the parties stipulate to a presumption of undue influence and the burden of proof shifts to the substantial beneficiary under Florida Statute § 733.107(2), the beneficiary may rebut the presumption by presenting evidence supporting her active role in the testator's affairs,