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

• Miller v. Nemmer
  179 F.2d 979· C.C.P.A.· 1950-02-02 ·cited 2×
  The court held that the Board of Interference Examiners correctly awarded priority to appellees (Nemmer et al.) because appellant (Miller) failed to disclose all essential elements of the invention prior to the appellees' conception date, and the additions made by appellees were
• Gregg v. Coakwell
  175 F.2d 575· C.C.P.A.· 1949-06-28 ·cited 2×
  The court held that the appellant failed to sustain the burden of proving reasonable diligence in filing his patent application during the critical period, and therefore priority of invention was correctly awarded to the appellee.
• Hager v. Gordon
  171 F.2d 90· 9th Cir.· 1948-12-01 ·cited 2×
  The court held that erroneous jury instructions regarding ownership, property valuation, and the presentation of verdict forms prejudiced the appellant, requiring a new trial. The refusal to admit certain evidence was also deemed prejudicial.
• Howard v. Cap. Transit Co.
  163 F.2d 910· D.C. Cir.· 1947-10-13 ·cited 2×
  The court held that a person standing on a streetcar loading platform with an undisclosed intention to board does not attain passenger status without additional circumstances.
• Hebbard v. Am. Zinc
  161 F.2d 339· 8th Cir.· 1947-05-14 ·cited 2×
  The court held that an employee who invents improvements within the scope of his employment, even if not explicitly contracted for, is generally considered to have assigned ownership rights to the employer in equity, absent a contract to the contrary.
• Howells v. Currie
  97 Fla. 648· Fla.· 1929-04-30 ·cited 2×
  The Florida Supreme Court reversed a judgment for the defendant in a promissory note case, finding that the trial court's jury instruction was erroneous and not harmless.
• Lake Hancock & Clermont R.R. Co. v. Stinson
  77 Fla. 333· Fla.· 1919-04-01 ·cited 2×
  The Florida Supreme Court reversed a judgment against a railroad company due to erroneous jury instructions. The court found that the instructions misstated the burden of proof and the standard for overcoming the statutory presumption of negligence against railroads.
• Sanchez v. State
  435 So. 3d 1211· Fla. 3d DCA· 2026-07-01 ·cited 1×
  Appellate counsel cannot be deemed ineffective for failing to raise a claim that would not have changed the result, and any error in failing to submit habitual felony offender factors to a jury constitutes harmless error beyond a reasonable doubt.
• State v. Dixie Leigh Bounds
  Fla. 6th DCA· 2026-05-29 ·cited 1×
  The State did not meet its burden to establish by a preponderance of evidence that evidence would have been inevitably discovered through normal investigative procedures independent of the improper police conduct.
• Nowicki v. Get Wet Watersports Inc.
  408 So. 3d 785· Fla. 4th DCA· 2025-04-23 ·cited 1×
  A trial court need not hold an evidentiary hearing on a motion to compel arbitration when the party opposing arbitration does not affirmatively contest the authenticity of the arbitration agreement, and arbitrability questions delegated to the arbitrator need not be resolved by t
• Jones v. Progressive Express Ins. Co.
  2020 WL 6699637· M.D. Fla.· 2024-12-02 ·cited 1×
  The court held that the defendant failed to establish that the amount in controversy exceeded the $75,000 federal jurisdictional threshold, and therefore, the case must be remanded to state court.
• Jafet Manuel Andrillon v. State
  398 So. 3d 492· Fla. 6th DCA· 2024-11-08 ·cited 1×
  Jafet Manuel Andrillon appealed the revocation of his probation and resulting prison sentence. The appellate court affirmed the revocation but found insufficient evidence for one of the alleged violations (possession of burglary tools), though this did not affect the ultimate sen
• Henderson v. State
  391 So. 3d 934· Fla. 4th DCA· 2024-07-17 ·cited 1×
  A circuit court's denial of a downward departure motion is affirmed when the court correctly determines in the first step of the two-part test that no valid legal ground for departure exists, even if the court's subsequent comments about the nature of the crimes create an appeara
• In re Amendments to Fla. Rules of Juv. Procedure - 2023 Legislation
  375 So. 3d 219· Fla.· 2023-12-07 ·cited 1×
  The Florida Supreme Court adopted amendments to the Florida Rules of Juvenile Procedure and related forms to reflect changes made by 2023 legislation regarding service of process, e-mail addresses, and hearing procedures in dependency and termination of parental rights cases. The
• State v. J. J.
  359 So. 3d 863· Fla. 1st DCA· 2023-04-19 ·cited 1×
  The appellate court reversed a juvenile court's disposition order that imposed a lower restrictiveness level than recommended by the Department of Juvenile Justice (DJJ). The court found that the juvenile court failed to provide sufficient, legally adequate reasons for deviating
• Arnold v. State
  358 So. 3d 792· Fla. 3d DCA· 2023-01-18 ·cited 1×
  The appellate court affirmed the denial of a motion to suppress a defendant's statement but reversed and remanded a probation revocation sentencing hearing conducted remotely via Zoom. The court found that while the statement's admission might have been error, it was harmless due
• Barker v. State
  353 So. 3d 63· Fla. 4th DCA· 2022-11-23 ·cited 1×
  The appellate court affirmed a restitution order but reversed the assessment of a surcharge, finding the surcharge was improperly applied when no fines were imposed. The case clarifies the requirements for imposing surcharges related to criminal convictions.
• J. B. E. C. v. State
  344 So. 3d 632· Fla. 2d DCA· 2022-08-24 ·cited 1×
  The appellate court reviewed a juvenile disposition order concerning restitution for a delinquent act. The court affirmed the disposition but reversed the restitution for lost income, finding insufficient evidence to support the claim.
• Rainey Muoka Mutua v. U.S. Attorney General
  22 F.4th 963· 11th Cir.· 2022-01-05 ·cited 1×
  The court held that it lacked jurisdiction to review the petitioner's challenges to the burden of proof and the BIA's standard of review, and that the BIA did not err in declining administrative notice or in refusing to refer the case to a three-member panel.
• Toiran v. State
  337 So. 3d 93· Fla. 3d DCA· 2021-11-17 ·cited 1×
  A trial court's error in applying an incorrect burden of proof at a Stand Your Ground immunity hearing is harmless when the jury convicts the defendant at trial by proof beyond a reasonable doubt, as the trial burden is heavier than the pretrial burden. The defendant is not entit
• Wilson v. State
  327 So. 3d 961· Fla. 1st DCA· 2021-10-06 ·cited 1×·via Burden Of Proof By Preponderance Of The Evidence
  The appellate court reversed a restitution order, finding that it resulted in an impermissible double recovery for the victim. The court held that the victim's civil settlement should have been set off against the restitution amount to prevent the defendant from paying twice for
• Tionne Rashad Williams v. State
  324 So. 3d 614· Fla. 1st DCA· 2021-08-20 ·cited 1×
  The appellate court affirmed the trial court's decision to revoke Tionne Rashad Williams' probation. Williams argued that his violation of curfew was not willful and substantial, but the court found sufficient evidence to support the trial court's finding that he knowingly disreg
• Carnes v. State
  317 So. 3d 281· Fla. 2d DCA· 2021-04-30 ·cited 1×
  The appellate court affirmed the defendant's convictions but reversed his sentences. The trial court improperly imposed downward departure sentences based on non-statutory mitigators that were inconsistent with legislative sentencing policy, requiring a new sentencing hearing.
• In re Amendments to Fla. Rule of Jud. Admin. 2.420
  302 So. 3d 746· Fla.· 2021-03-04 ·cited 1×
  The Florida Supreme Court adopted further amendments to the Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and related forms governing judicial waiver petitions for parental notice and consent to termination of pregnancy. The amendments clarify that pe
• Ramirez v. State
  310 So. 3d 145· Fla. 2d DCA· 2021-01-15 ·cited 1×
  The appellate court affirmed the revocation of probation but remanded the case to correct the written order. The written order incorrectly stated the defendant violated probation three times, when the trial court's oral findings only supported one willful violation.
• State v. Ventrel Rush
  306 So. 3d 1273· Fla. 1st DCA· 2020-11-20 ·cited 1×
  The appellate court reversed a trial court's sua sponte downward departure from a sentencing guidelines range. The trial court had justified the departure by finding the victim was an "initiator, willing participant, aggressor, or provoker" of the incident, but the appellate cour
• Niva Penido Costa Cruz de Carvalho v. Pereira
  308 So. 3d 1078· Fla. 1st DCA· 2020-11-16 ·cited 1×
  The appellate court affirmed a trial court's order to return two children to Brazil under the Hague Convention, finding that Brazil was their habitual residence at the time of their retention in the U.S. The court rejected the mother's arguments that the children were too settled
• State v. Hunt
  302 So. 3d 453· Fla. 2d DCA· 2020-08-21 ·cited 1×
  The appellate court reversed a downward departure sentence because the trial court's reasoning, based on the defendant's age and general scientific research about brain development, was not supported by competent, substantial evidence. The court found the defendant, though young,
• Agency for Health Care Admin. v. Rodriguez
  294 So. 3d 441· Fla. 1st DCA· 2020-04-17 ·cited 1×
  The Agency for Health Care Administration (AHCA) appealed an administrative order reducing its Medicaid reimbursement claim. The appellate court affirmed the reduction based on a pro rata calculation of settlement proceeds but reversed a further reduction based on attorney's fees
• Stratton v. State
  294 So. 3d 1004· Fla. 5th DCA· 2020-04-16 ·cited 1×
  Anthony William Stratton appeals his probation revocation, arguing that the State failed to prove he violated a probation condition requiring him to obtain consent before changing his residence. The appellate court reversed, finding insufficient evidence that Stratton changed his
• Sparks v. State
  299 So. 3d 1· Fla. 4th DCA· 2020-04-01 ·cited 1×
  A Stand Your Ground immunity hearing conducted before the effective date of the 2017 statutory amendment is governed by the Bretherick standard requiring the defendant to prove immunity by a preponderance of the evidence, not the new clear and convincing evidence standard.
• Reynolds v. State
  283 So. 3d 885· Fla. 5th DCA· 2019-10-30 ·cited 1×
  A trial court does not abuse its discretion in revoking probation based on a finding of domestic battery when hearsay evidence is corroborated by the trial court's observation of the victim's demeanor, photographs of the injury, and the totality of circumstances, even absent dire
• Washington v. State
  44 Fla. L. Weekly D187· Fla. 1st DCA· 2019-07-15 ·cited 1×
  Darnell Perkins Washington was convicted of aggravated assault with a firearm after a trial court denied his Stand-Your-Ground immunity claim under the original burden of proof standard. Washington appealed, arguing he was entitled to a new immunity hearing under the 2017 amendme
• Cadet v. State
  274 So. 3d 1178· Fla. 3d DCA· 2019-06-12 ·cited 1×
  The appellate court affirmed the trial court's denial of a motion to correct an illegal sentence. The defendant argued his administrative probation was illegally imposed, but the court found he was estopped from raising this issue due to accepting the plea and its benefits.
• D.D. v. State
  271 So. 3d 1176· Fla. 3d DCA· 2019-04-24 ·cited 1×
  A trial court must enter a written order specifying the particular conditions of probation that were violated when revoking a juvenile's probation.
• J.D. v. Dept. of Child. & Families
  263 So. 3d 60· Fla. 4th DCA· 2019-01-02 ·cited 1×
  The mother appeals an adjudication of dependency for her two children based on allegations of neglect and substantial risk of harm. The trial court found dependency based on ongoing domestic violence in the home between the mother and her boyfriend, the mother's recantation of ab
• Tynes v. State
  262 So. 3d 851· Fla. 1st DCA· 2018-12-28 ·cited 1×
  Antoinette Tynes sought immunity under Florida's Stand Your Ground law after being charged with attempted first-degree murder for stabbing her boyfriend. The trial court denied her immunity motion using the pre-2017 burden of proof standard. The court granted her petition for wri
• Waterman v. State
  255 So. 3d 980· Fla. 2d DCA· 2018-09-26 ·cited 1×
  A defendant with severe intellectual disability who was administered Miranda warnings at a seventh-grade reading level and unrefutedly demonstrated through expert testimony that he could not understand key terms in the warnings did not knowingly and intelligently waive those righ
• D.M.B. v. State
  254 So. 3d 448· Fla. 4th DCA· 2018-07-11 ·cited 1×
  A juvenile appeals his adjudication of delinquency and commitment to residential placement based on a violation of probation for loitering or prowling. The Fourth District Court of Appeal reversed, finding the evidence insufficient to establish the elements of loitering or prowli
• A.J.A. v. State
  215 So. 3d 639· Fla. 5th DCA· 2017-04-07 ·cited 1×
  The court held that a repair estimate alone, when objected to as hearsay, is insufficient to prove the cost of repairs for a restitution order.
• M.J. v. State
  212 So. 3d 534· Fla. 1st DCA· 2017-03-10 ·cited 1×
  A juvenile appealed his commitment to a nonsecure residential facility after the trial court deviated from the Department of Juvenile Justice's recommendation of minimum-risk commitment without providing required analysis under E.A.R. v. State. The appellate court reversed and re
• A.G. v. Dep't OF Child. & Families & Guardian Ad Litem Program
  193 So. 3d 1097· Fla. 4th DCA· 2016-06-22 ·cited 1×
  The Fourth District Court of Appeal reversed the trial court's adjudication of the Father's infant daughter as dependent, finding three critical evidentiary errors: improper restriction of child witness testimony without a hearing, inadequate competency inquiry of the child witne
• Goers v. State
  193 So. 3d 1068· Fla. 2d DCA· 2016-06-15 ·cited 1×
  Jay Goers appealed the revocation of his probation for allegedly violating conditions requiring him to obtain permission before changing his residence and to comply with his probation officer's instructions. The court reversed, holding that Goers did not willfully or substantiall
• State v. Redden
  173 So. 3d 1117· Fla. 5th DCA· 2015-08-28 ·cited 1×
  The State appeals a downward departure sentence imposed on Redden for driving with a suspended license. The trial court departed downward based on three mitigating factors, but the appellate court reversed because Redden's extensive criminal history (14 felony and 18 misdemeanor
• Robinson v. State
  164 So. 3d 742· Fla. 2d DCA· 2015-05-22 ·cited 1×
  Detectives' entry onto a fenced property with a 'no trespassing' sign and closed gate, without a warrant or permission, was an unlawful search.
• Taxi USA OF Palm Beach, LLC v. City OF Boca Raton
  162 So. 3d 119· Fla. 4th DCA· 2014-11-12 ·cited 1×
  Taxi USA sought a certificate to operate 30 taxicabs in Boca Raton. A hearing officer granted the certificate, but the City Council reversed on appeal. Taxi challenged the reversal by certiorari, arguing the Council improperly reweighed evidence and applied inconsistent standards
• Kosha Robinson v. State
  138 So. 3d 547· Fla. 4th DCA· 2014-04-30 ·cited 1×
  Kosha Robinson appeals the revocation of his community control sentence. The court affirmed the revocation on the merits but remanded because the trial court failed to enter a formal written order specifying which conditions were violated, and also incorrectly applied a "shock th
• State v. Williams
  127 So. 3d 890· Fla. 1st DCA· 2013-12-05 ·cited 1×
  Florida appeals a trial court order granting Jonathan Williams' Rule 3.850 motion for ineffective assistance of counsel and ordering a new trial on an aggravated battery charge. The court held that Williams established prejudice as a matter of law because his counsel failed to fi
• CVS EGL Fruitville Sarasota FL, LLC v. Todora
  124 So. 3d 289· Fla. 2d DCA· 2013-09-18 ·cited 1×
  CVS challenged ad valorem tax assessments of its properties, arguing the trial court erroneously applied the abrogated "any-reasonable-hypothesis" standard instead of the statutory framework in section 194.301. The court reversed, holding that the legislature expressly rejected t
• Inetianbor v. Cashcall, Inc.
  1990 WL 16380· S.D. Fla.· 2013-02-15 ·cited 1×
  The court held that removal was proper due to federal question jurisdiction over the FCRA claim, and that the arbitration agreement was valid and enforceable, requiring the parties to arbitrate their dispute.