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

• State v. Dixon
  308 So. 3d 1121· Fla. 2d DCA· 2020-12-30 ·cited 2×
  The appellate court reversed a restitution order because the trial court failed to hold a restitution hearing when requested by both the State and the defense. The court emphasized that restitution must be supported by competent, substantial evidence presented at a hearing.
• E.J.A. v. State
  301 So. 3d 290· Fla. 4th DCA· 2020-08-12 ·cited 2×·via Burden Of Proof By Preponderance Of The Evidence
  A juvenile defendant pleaded guilty to burglaring a vehicle and the trial court imposed restitution for towing and re-keying costs incurred by the victim. The state conceded error, and the appellate court agreed that the trial court erred in imposing restitution because the state
• Dedrick Ferguson v. State
  306 So. 3d 985· Fla. 3d DCA· 2020-07-29 ·cited 2×
  The appellate court affirmed the trial court's denial of postconviction relief for Dedrick Ferguson. Ferguson's claims, including those based on newly discovered evidence, were found to be procedurally barred, time-barred, or otherwise without merit.
• Gorman v. State
  Fla. 2d DCA· 2020-05-01 ·cited 2×
  The appellate court affirmed the revocation of Michael Gorman's community control and his sentences but remanded the case for the trial court to correct the revocation order. The court found that while some violations were sufficiently proven, others were not, and certain finding
• Rivera v. State
  300 So. 3d 757· Fla. 4th DCA· 2020-03-11 ·cited 2×
  The amendment to section 776.032 constitutes a substantive change in law that applies prospectively only, not retroactively to trials completed before the amendment's effective date.
• Gray v. Agency for Health Care Admin.
  288 So. 3d 95· Fla. 1st DCA· 2019-12-19 ·cited 2×
  When a Medicaid recipient's tort recovery is unallocated between categories of damages, the statutory formula in section 409.910(11)(f) applies, requiring payment of one-half of the remaining recovery (after attorney's fees and costs) up to the total amount of medical assistance
• Corry Mency v. State
  292 So. 3d 1· Fla. 1st DCA· 2019-06-12 ·cited 2×
  The trial court did not err in ruling on the defendant's self-defense immunity claim, and any error at the immunity hearing was mooted by the proper jury instruction and full litigation of the self-defense claim at trial. The defendant's argument that the trial court failed to as
• Cricket Kathleen Toole v. State
  270 So. 3d 371· Fla. 4th DCA· 2019-02-20 ·cited 2×
  Cricket Toole was convicted of dealing in stolen property and false verification of ownership to a pawnbroker. The Florida Fourth District Court of Appeal reversed her restitution award of $9,984.12, holding that the State failed to present sufficient evidence of fair market valu
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2017-12.
  249 So. 3d 554· Fla.· 2018-07-12 ·cited 2×
  The Florida Supreme Court authorized amendments to standard jury instructions for criminal cases involving sexual offender and sexual predator registration requirements, updating them to reflect recent statutory changes enacted by the Legislature in 2016 and 2017.
• D.V. v. State
  216 So. 3d 3· Fla. 4th DCA· 2017-03-22 ·cited 2×
  A juvenile court committed a child with no prior delinquency history to a maximum-security residential facility for soliciting murder based on a note he wrote, despite the Department of Juvenile Justice recommending probation with community-based mental health services. The appel
• Richardson v. State
  198 So. 3d 1075· Fla. 5th DCA· 2016-08-19 ·cited 2×·via Burden Of Proof By Preponderance Of The Evidence
  Richardson pleaded guilty to multiple charges under a plea agreement that specified a one-year county jail sentence followed by two years of probation, with the condition that he appear for sentencing. After failing to appear at sentencing, the trial court imposed an enhanced pri
• Nirav C. Patel v. Ketan Kumar
  196 So. 3d 468· Fla. 2d DCA· 2016-06-29 ·cited 2×
  Patel petitioned for a writ of prohibition to prevent a civil suit against him after he successfully asserted Stand Your Ground immunity in a prior criminal proceeding. The court held that a defendant who proves Stand Your Ground immunity in a criminal case need not re-litigate t
• Smith v. State
  194 So. 3d 483· Fla. 3d DCA· 2016-06-01 ·cited 2×
  Timothy Smith appeals his probation revocation based on findings that he violated probation by committing unlawful assembly and trespass after warning. The court reverses the unlawful assembly conviction for lack of evidence of a common unlawful purpose, affirms the trespass conv
• Warner v. State
  157 So. 3d 548· Fla. 1st DCA· 2015-02-26 ·cited 2×
  David Warner appeals an order revoking his probation for violating two conditions: failure to work diligently and failure to complete psycho-sexual treatment. The court reversed, finding the state failed to prove willful violations by preponderance of the evidence.
• K.R. v. State
  155 So. 3d 507· Fla. 4th DCA· 2015-01-28 ·cited 2×
  The court held that the trial court abused its discretion by ordering restitution based on speculative testimony regarding repair costs, as restitution must be proven by substantial, competent evidence.
• Fraternal Order OF Police v. City OF Gainesville
  148 So. 3d 798· Fla. 1st DCA· 2014-09-23 ·cited 2×
  The Florida First District Court of Appeal resolved two issues of first impression regarding compliance review hearings under the Law Enforcement Officers' Bill of Rights: whether an officer can challenge rights violations occurring after an investigation concludes, and whether i
• Henderson v. State
  149 So. 3d 61· Fla. 4th DCA· 2014-08-13 ·cited 2×
  Jermaine Henderson appeals his convictions for first-degree murder, robbery, attempted robbery, and conspiracy, challenging the trial court's denial of his motion to suppress evidence. The Fourth District Court of Appeal affirmed, holding that the defendant's unsolicited offer to
• Mitchell v. State
  147 So. 3d 93· Fla. 2d DCA· 2014-07-30 ·cited 2×
  Frederick Mitchell was convicted of aggravated assault with a deadly weapon and false imprisonment. The Florida District Court of Appeal affirmed his convictions but reversed his sentence because the trial court incorrectly denied his downward departure request by requiring him t
• Agency FOR Persons With Disabilities v. C.B. and Z.H. and Y.S.
  130 So. 3d 713· Fla. 1st DCA· 2013-12-17 ·cited 2×
  The Agency for Persons with Disabilities appealed an administrative decision finding it violated Florida law by using an unadopted rule to transition IBRH clients to less intensive services without meeting all six Handbook transition conditions. The court reversed, holding that A
• T.P. v. State
  117 So. 3d 864· Fla. 4th DCA· 2013-07-17 ·cited 2×·via Burden Of Proof By Preponderance Of The Evidence
  The court held that the trial court erred in misconstruing Florida's "Stand Your Ground" law, § 776.032, Fla. Stat., by limiting its application to only homes or vehicles, and reversed the conviction.
• Davis Family DAY Care Home v. Dep't of Child. & Fam. Servs.
  117 So. 3d 464· Fla. 2d DCA· 2013-07-17 ·cited 2×
  Davis Family Day Care Home appeals DCF's denial of its large family child care home license application. The Second District reverses, holding that DCF erred in rejecting the ALJ's conclusion that disciplinary license denials require clear and convincing evidence rather than the
• Hernandez v. Reemployment Assistance Appeals Comm'n
  114 So. 3d 407· Fla. 3d DCA· 2013-05-29 ·cited 2×
  Victor Hernandez appeals the denial of unemployment benefits by the Reemployment Assistance Appeals Commission, which upheld an appeals referee's finding that he was discharged for misconduct. The Florida Third District Court of Appeal reverses, holding that Hernandez's isolated
• Dagerath v. State
  100 So. 3d 1260· Fla. 4th DCA· 2012-11-21 ·cited 2×·via Burden Of Proof By Preponderance Of The Evidence
  Defendant Dagerath appeals a restitution order following conviction of trespass of a structure and trespass of a conveyance as lesser-included offenses. The court held that while the broken truck window was causally connected to the trespass, the dashboard damage and missing GPS
• Leon v. First Liberty Ins.
  308 F. Supp. 2d 236· M.D. Fla.· 2012-11-06 ·cited 2×
  The court held that the defendant met its burden to establish diversity jurisdiction, as the amount in controversy exceeded $75,000 and complete diversity of citizenship existed.
• D.W. v. State
  77 So. 3d 804· Fla. 2d DCA· 2011-12-28 ·cited 2×
  D.W., a juvenile, appeals a restitution order requiring her to repay $400 to her grandmother for a missing money order. The Florida District Court of Appeal reversed the restitution order due to multiple procedural defects, including the improper delegation of the restitution det
• Wonder v. State
  69 So. 3d 371· Fla. 4th DCA· 2011-09-14 ·cited 2×
  James Patrick Wonder sought certiorari review of the trial court's denial of his request for an evidentiary hearing on a Stand Your Ground immunity claim under Florida law. The Fourth District Court of Appeal initially denied the petition but, following the Florida Supreme Court'
• Cruz v. State
  54 So. 3d 1067· Fla. 4th DCA· 2011-02-23 ·cited 2×·via Burden Of Proof By Preponderance Of The Evidence
  The Fourth District Court of Appeal granted Julio Cruz's petition for writ of prohibition to prevent trial proceedings until the proper procedure for determining statutory immunity under Florida's "Stand Your Ground" law was established. The court ultimately directed that the tri
• In re DOE
  46 So. 3d 1172· Fla. 4th DCA· 2010-11-04 ·cited 2×
  The court held that the trial court's findings were insufficient to deny a minor's petition to waive parental notification for an abortion, and that the record did not support the denial on the grounds of emotional maturity or best interest.
• S.W. v. State
  26 So. 3d 655· Fla. 4th DCA· 2010-01-27 ·cited 2×
  S.W., a 17-year-old juvenile with extensive substance abuse issues and a history of failed interventions, challenged the juvenile court's departure from the Department of Juvenile Justice's recommendation of probation in favor of Level 8 high-risk residential commitment. The Flor
• Est. OF Josefina Madrigal v. Romulado Madrigal
  22 So. 3d 828· Fla. 3d DCA· 2009-11-25 ·cited 2×
  The court held that the trial court's findings of fact supporting undue influence were supported by competent, substantial evidence, and thus affirmed the order revoking probate.
• Synthia Nickelson-Ippolito v. State
  17 So. 3d 1257· Fla. 2d DCA· 2009-09-18 ·cited 2×
  Affirmed conviction for equity skimming and scheming to defraud, but reversed ten restitution orders that were improperly based on hearsay evidence from non-testifying victims.
• Shores v. State
  15 So. 3d 697· Fla. 1st DCA· 2009-06-30 ·cited 2×
  The court held that the trial court erred in imposing an upward departure sentence because the stated reasons for departure were invalid.
• M.B. v. Agency for Persons with Disabilities
  13 So. 3d 509· Fla. 3d DCA· 2009-06-17 ·cited 2×·via Burden Of Proof By Preponderance Of The Evidence
  M.B., a woman with severe cerebral palsy and quadriplegia, appealed an administrative order reducing her Medicaid Waiver Program services. The court affirmed the switch to a daily live-in rate for personal care but reversed and remanded on three issues: requiring six instead of t
• Schwingdorf v. State
  16 So. 3d 835· Fla. 2d DCA· 2009-02-11 ·cited 2×
  The court held that an arrest alone is insufficient to establish a willful violation of a conditional furlough agreement. The State must prove the breach by a preponderance of the evidence.
• Park v. City OF W. Melbourne
  999 So. 2d 673· Fla. 5th DCA· 2008-12-05 ·cited 2×
  Byron Park appeals a summary judgment in favor of the City of West Melbourne, challenging the trial court's dismissal of his declaratory and injunctive relief action seeking reinstatement and back pay following his termination as a police officer. The court reverses, holding that
• Michael v. State
  992 So. 2d 367· Fla. 1st DCA· 2008-10-07 ·cited 2×
  The court held that the State failed to prove by a preponderance of the evidence that the probationer willfully violated the conditions of his probation.
• United States v. $125
  537 F.3d 1287· 11th Cir.· 2008-08-06 ·cited 2×
  In this civil forfeiture action under the Civil Asset Forfeiture Reform Act of 2000, the Eleventh Circuit affirmed the forfeiture of two certificates of deposit purchased with funds traceable to embezzled Nicaraguan treasury money, but reversed the forfeiture of five others where
• L.S. v. State
  978 So. 2d 220· Fla. 1st DCA· 2008-03-31 ·cited 2×
  A minor appeals his commitment to a moderate risk juvenile facility after pleading guilty to trespassing. The court reversed because the trial court failed to adequately explain why it departed from the Department of Juvenile Justice's probation recommendation and did not referen
• Marzendorfer v. State
  976 So. 2d 596· Fla. 1st DCA· 2007-10-24 ·cited 2×
  Marzendorfer was convicted of probation violations based on alleged misrepresentations about his employment, failure to call a probation officer (instead emailing), and insufficient community service hours. The First District Court of Appeal reversed, finding the State failed to
• Geraci v. Geraci
  963 So. 2d 904· Fla. 2d DCA· 2007-08-24 ·cited 2×
  In this partition dispute over four undeveloped parcels of Florida real property owned as tenancy in common by two brothers, the court addresses whether a trial court may conduct an evidentiary hearing to determine whether property is indivisible before appointing commissioners.
• Ashley v. State
  925 So. 2d 1117· Fla. 5th DCA· 2006-04-13 ·cited 2×
  Irvin Ashley appeals the revocation of his community control based on a conviction for maintaining a drug dwelling. The court reverses, holding that the evidence was insufficient to prove Ashley maintained the residence for drug purposes, as he lacked legal ownership or control o
• D.M.U. v. Dep't of Child. & Fam. Servs.
  917 So. 2d 984· Fla. 3d DCA· 2005-12-28 ·cited 2×
  A mother appealed a trial court's order adjudicating her child dependent after she consented to the dependency finding. The appellate court affirmed the substantive finding of dependency but reversed and remanded because the trial court failed to include written findings regardin
• United States v. Giordano
  370 F. Supp. 2d 1256· S.D. Fla.· 2005-05-11 ·cited 2×
  The court held that the Government failed to prove a serious risk of flight, and thus detention was not warranted, but stayed the order pending appeal.
• Bland v. State
  896 So. 2d 937· Fla. 1st DCA· 2005-03-04 ·cited 2×
  Roy Bland appeals the revocation of his probation following a conviction for possession of controlled substances. The court affirmed the trial court's finding that Bland willfully and substantially violated a probation condition prohibiting association with persons engaged in cri
• Landi v. United States
  316 B.R. 363· M.D. Fla.· 2004-09-09 ·cited 2×·via Burden Of Proof By Preponderance Of The Evidence
  The court held that the debtors' federal income tax liabilities were not dischargeable because they willfully attempted to evade or defeat such taxes, as supported by their actions and financial conduct.
• P.M. v. Dep't of Child. & Families
  865 So. 2d 8· Fla. 5th DCA· 2003-12-19 ·cited 2×
  P.M. appeals from an order adjudicating his infant daughter dependent and placing her in the Department of Children and Families' custody. The court remands for clarification of whether the child was found dependent as to P.M., given conflicting findings by two judges, while affi
• United States v. One 1988 Checolet 410 Turbo Prop Aircraft
  282 F. Supp. 2d 1379· S.D. Fla.· 2003-09-02 ·cited 2×
  The court held that the claimant failed to establish the innocent owner defense as a matter of law, and thus the aircraft is subject to forfeiture.
• W.B.S. v. State
  851 So. 2d 802· Fla. 2d DCA· 2003-07-30 ·cited 2×
  W.B.S. appeals from an order adjudicating him guilty of felony battery after the trial court initially granted a motion for dismissal. The court held that the trial court violated W.B.S.'s double jeopardy rights by retracting a judgment of dismissal after jeopardy had attached, b
• Forest v. Penn Treaty Am. Corp.
  270 F. Supp. 2d 1357· M.D. Fla.· 2003-06-26 ·cited 2×
  The court held that while 28 U.S.C. § 1367 abrogated the Zahn rule and unnamed plaintiffs' claims can be considered for diversity jurisdiction, the defendants failed to demonstrate that the unnamed plaintiff's actual claim for restitution exceeded the $75,000 amount in controvers
• United States v. Al-Arian
  280 F. Supp. 2d 1345· M.D. Fla.· 2003-04-10 ·cited 2×
  The court granted the government's motions to detain Defendants Al-Arian and Hammoudeh, finding the evidence substantial, but denied the motions for Defendants Fariz and Ballut, finding the evidence not substantial enough for detention.