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

• Taylor v. Unemployment Appeals Comm'n
  84 So. 3d 1234· Fla. 5th DCA· 2012-04-13 ·cited 1×
  The court held that the Unemployment Appeals Commission improperly reweighed evidence and substituted its judgment for the appeals referee's.
• State v. Watana
  50 So. 3d 92· Fla. 4th DCA· 2010-12-15 ·cited 1×
  The State appeals a suppression order after a police officer searched a defendant stopped for speeding and found cocaine residue in his pocket. The court affirmed the suppression, finding that the defendant's compliance with the officer's orders to exit the vehicle and submit to
• Whittaker v. State
  46 So. 3d 650· Fla. 2d DCA· 2010-10-27 ·cited 1×
  Roy Eugene Whittaker appealed the revocation of his probation across five circuit court cases. The appellate court affirmed the probation revocation based on valid new law violations in three cases, but remanded to strike findings in two cases where the evidence was insufficient
• Monforto v. State
  31 So. 3d 976· Fla. 2d DCA· 2010-04-21 ·cited 1×
• Odyssey Marine Exploration, Inc. v. Unidentified
  675 F. Supp. 2d 1126· M.D. Fla.· 2009-12-22 ·cited 1×
  The court held that the Foreign Sovereign Immunities Act (FSIA) bars jurisdiction over the shipwreck and its contents, as they are the property of Spain and not subject to U.S. court adjudication.
• United States v. One 1990 Beechcraft 1900 C Twin Engine Turbo-Prop Aircraft
  659 F. Supp. 2d 1260· S.D. Fla.· 2009-09-25 ·cited 1×
  The court held that International Aviation lacked statutory standing to challenge the forfeiture because it was a nominee that exercised no dominion or control over the aircraft, and thus was not an 'owner' under CAFRA.
• Pavon v. State
  12 So. 3d 287· Fla. 3d DCA· 2009-06-10 ·cited 1×
• Gaisser v. Portfolio Recovery Assocs., LLC
  593 F. Supp. 2d 1297· S.D. Fla.· 2009-01-12 ·cited 1×
  The court held that a material issue of fact remains regarding whether the defendant law firm maintained procedures reasonably adapted to avoid filing time-barred suits, precluding summary judgment on the bona fide error defense.
• United States v. Browne
  552 F. Supp. 2d 1342· S.D. Fla.· 2008-04-24 ·cited 1×
  The court held that Patricia Browne's petition to adjudicate her interest in forfeited property should be dismissed for failure to state a claim, as she failed to establish a legal interest under New York law or bona fide purchaser status.
• Larico Alexander Cummings v. State
  956 So. 2d 559· Fla. 5th DCA· 2007-05-25 ·cited 1×
  Larico Cummings appeals his convictions for drug trafficking, firearm possession by a felon, and driving with a suspended license. The court affirmed, holding that even if a traffic stop extended into an unlawful seizure, the inevitable discovery doctrine allowed admission of evi
• S.H. v. Dep't of Child. & Families
  949 So. 2d 356· Fla. 4th DCA· 2007-02-28 ·cited 1×·via Burden Of Proof By Preponderance Of The Evidence
  Father appealed a dependency adjudication based on allegations of neglect stemming from his financial inability to provide stable housing and employment. The court reversed, holding that poverty-based neglect findings are prohibited under Florida law unless the Department of Chil
• Martoral v. State
  946 So. 2d 1240· Fla. 4th DCA· 2007-01-17 ·cited 1×
  The court held that the evidence was insufficient to support a finding that the appellant willfully violated his probation by changing his residence or by possessing marijuana.
• Smith v. State
  909 So. 2d 421· Fla. 1st DCA· 2005-08-19 ·cited 1×
  Kevin Daniel Smith appeals the revocation of his community control order, challenging findings that he violated two conditions: failing to report to his supervising officer and failing to complete the Teen Challenge program. The First District Court of Appeal affirmed the revocat
• United States v. Trainor
  277 F. Supp. 2d 1278· S.D. Fla.· 2003-05-19 ·cited 1×
  The court held that the government cannot satisfy the preponderance of the evidence standard required for tolling the statute of limitations under 18 U.S.C. § 3292 by making factual representations in an unsworn and unverified application. Such representations lack evidentiary va
• Dow Chem. Co. v. Mee Indus.
  264 F. Supp. 2d 1018· M.D. Fla.· 2002-09-19 ·cited 1×
  The court found that the defendants failed to prove the patents were invalid due to the on-sale bar or obviousness, and that Dow failed to establish damages.
• United States v. One Single Fam. Residence at 2200 SW 28th Ave.
  204 F. Supp. 2d 1361· S.D. Fla.· 2002-05-15 ·cited 1×
  The court held that the government met its burden to show the property was subject to forfeiture, and that federal forfeiture law preempts state homestead protections.
• Dep't of Hwy. Safety & Motor Vehicles v. Farr
  757 So. 2d 550· Fla. 5th DCA· 2000-04-20 ·cited 1×
  The Florida Department of Highway Safety and Motor Vehicles sought certiorari review of a circuit court decision that overturned Farr's driver's license suspension for refusing a breath test. The appellate court held that denial of access to counsel before a breath test refusal d
• United States v. Fleck (In Re Fleck)
  242 B.R. 188· M.D. Fla.· 1999-08-30 ·cited 1×·via Burden Of Proof By Preponderance Of The Evidence
  The court held that the bankruptcy court's grant of summary judgment for the debtor was appropriate, as the record lacked sufficient evidence to establish the debtor's fraudulent intent regarding tax liabilities.
• McClurg v. Santa Rosa Golf & Beach Club, Inc.
  46 F. Supp. 2d 1244· N.D. Fla.· 1999-03-15 ·cited 1×
  The court held that the 'same decision' test is an affirmative defense, and the issue of whether a plaintiff's protected status was a motivating factor is for the jury to decide. Direct evidence will not be treated differently from other evidence at trial.
• State v. Fletcher
  684 So. 2d 251· Fla. 2d DCA· 1996-12-04 ·cited 1×
• Alling v. State
  671 So. 2d 295· Fla. 2d DCA· 1996-04-12 ·cited 1×
  The court affirmed the conviction for lewd and lascivious conduct with a child but reversed the sentence because the trial court improperly departed from sentencing guidelines without valid reasons under pre-1994 law.
• Congleton v. Sansom
  664 So. 2d 276· Fla. 1st DCA· 1995-11-16 ·cited 1×
  A Florida appellate court affirmed a judgment excluding Coleman C. Smith, who was adjudicated not guilty of murder by reason of insanity, as a beneficiary of his deceased wife's estate under Florida's slayer statute. The court held that the slayer statute applies even without a c
• State v. Collins
  661 So. 2d 962· Fla. 5th DCA· 1995-10-27 ·cited 1×
  Florida appeals a trial court's order suppressing evidence obtained during a search of Collins' person and vehicle. The appellate court reverses, holding that the officers' initial contact was a lawful consensual street encounter and that Collins voluntarily consented to the sear
• United States v. Allen
  891 F. Supp. 594· S.D. Fla.· 1995-06-16 ·cited 1×
  The court held that both defendants should be detained pending trial, vacating the magistrate judge's order for one and affirming the order for the other.
• Gelrod v. Dep't of Health & Rehabilitative Servs.
  648 So. 2d 862· Fla. 3d DCA· 1995-02-01 ·cited 1×
  The court held that the evidence of neglect was legally sufficient to support an adjudication of dependency.
• United States v. Bachner
  877 F. Supp. 625· S.D. Fla.· 1995-01-20 ·cited 1×·via Burden Of Proof By Preponderance Of The Evidence
  The court held that a hearing to adjudicate a third party's interest in forfeited property under 21 U.S.C. § 853(n) is a civil action for purposes of the Equal Access to Justice Act (EAJA).
• Decker v. United States
  837 F. Supp. 1148· M.D. Fla.· 1993-11-10 ·cited 1×
  The court held that petitioners failed to prove by a preponderance of the evidence that they held a superior legal interest in the forfeited properties or that they were bona fide purchasers without cause to believe the property was subject to forfeiture.
• United States v. Dean
  835 F. Supp. 1383· M.D. Fla.· 1993-10-22 ·cited 1×
  The court held that the petitioners failed to prove by a preponderance of the evidence that they had a legal right, title, or interest in the High Seas Restaurant that vested in them rather than Lester Clark Dean, nor that they were bona fide purchasers for value without knowledg
• Colonial Daytona Ltd. P'ship v. Am. Sav. of Fla.
  152 B.R. 996· M.D. Fla.· 1993-04-01 ·cited 1×
  The court affirmed the bankruptcy court's dismissal of the Chapter 11 petition for bad faith filing and granted the appellant's motion to strike exhibits from the record.
• United States v. Brown
  988 F.2d 658· 6th Cir.· 1993-03-19 ·cited 1×
  The court held that the 1990 amendment to 18 U.S.C. § 1345 did not limit the district court's authority to freeze assets in civil fraud cases not involving banking law violations. However, the court remanded because the district court froze untainted assets along with those trace
• United States v. ONE Parcel OF Prop.
  985 F.2d 70· 2d Cir.· 1993-02-03 ·cited 1×
  The court held that the owner's claim of ignorance regarding drug activity in her home was insufficient to defeat summary judgment, as the evidence demonstrated willful blindness or actual knowledge.
• United States v. San Pedro
  781 F. Supp. 761· S.D. Fla.· 1991-12-27 ·cited 1×
  The court held that the defendant's motion to dismiss the indictment should be granted because the government breached the plea agreement by prosecuting him after he cooperated and provided truthful testimony.
• Smith v. Beeson (In Re Smith)
  128 B.R. 488· S.D. Fla.· 1991-06-19 ·cited 1×
  The court held that the bankruptcy court correctly applied collateral estoppel to find a debt non-dischargeable, as the elements of the prior common law fraud judgment were identical to those required for non-dischargeability under § 523(a)(2)(A) and the parties intended the cons
• In re Forfeiture OF the following described Prop.: 1987 Chevrolet Corvette v. Cooper
  571 So. 2d 594· Fla. 2d DCA· 1990-12-28 ·cited 1×
  The City of Naples sought forfeiture of a vehicle containing cocaine found on the driver's floorboard. The trial court denied forfeiture, applying an incorrect burden of proof standard and improperly taking judicial notice of a prior criminal proceeding where the owner was acquit
• United States v. Entin
  750 F. Supp. 512· S.D. Fla.· 1990-10-26 ·cited 1×
  The court held that the defendants violated the False Claims Act by conspiring to defraud the SBA with false representations about Miami Capital Corporation's capitalization, and are jointly and severally liable for damages.
• Weil v. Markowitz
  898 F.2d 198· D.C. Cir.· 1990-03-16 ·cited 1×
  The court held that the district court did not err in denying nunc pro tunc relief because the appellant failed to demonstrate that the stay caused the government's lien to gain priority.
• Mussoline v. Morris
  692 F. Supp. 1306· S.D. Fla.· 1987-09-22 ·cited 1×
  The court held that the plaintiffs failed to prove by a preponderance of the evidence that a flood, as defined by the insurance policy, occurred, and thus denied their claim for damages.
• Am. Waste Removal Co. v. Donovan
  748 F.2d 1406· 10th Cir.· 1984-11-23 ·cited 1×
  The court held that the Service Contract Act authorizes back wage awards for unnamed and unlocated employees when their existence and work are established by a preponderance of the evidence, and that the ALJ's findings were supported by sufficient evidence.
• Debra P. v. Turlington
  564 F. Supp. 177· M.D. Fla.· 1983-05-04 ·cited 1×
  The court held that the SSAT-II is instructionally valid and constitutional, and that the vestiges of past discrimination do not causally link to the disproportionate failure rate of black students on the test.
• Warner v. United States
  522 F. Supp. 87· M.D. Fla.· 1981-06-24 ·cited 1×
  The court held that the plaintiff failed to prove by a preponderance of the evidence that the swine flu inoculation caused or contributed to Mr. Warner's death, making the causal connection purely speculative.
• Daniels v. State
  254 So. 2d 395· Fla. 2d DCA· 1971-11-17 ·cited 1×
  Jesse Daniels, committed to a mental institution in 1958 on incompetency grounds after being charged with rape, appealed a trial court's order finding him still incompetent to stand trial despite 13 years of institutional treatment. The appellate court reversed, finding overwhelm
• In re Baier's Will
  12 Fla. Supp. 158· Palm Beach Cty. J. Ct.· 1958-08-20 ·cited 1×
  The court denied probate of Helen Louise Baier's will, finding that the testator revoked it by cancellation. The case hinged on whether markings on the will (the word "cancelled" written in pencil across a dispositive provision) constituted a valid revocation by the testator, res
• Berman v. Berman
  103 So. 2d 611· Fla.· 1958-05-28 ·cited 1×
  A Florida court improperly dismissed a husband's divorce suit based on estoppel by a New York separation judgment, when the New York proceeding involved different legal standards and did not actually litigate the cruelty claims central to the Florida divorce action. The Florida S
• United States v. Chadwick Lemaine
  11th Cir.· 2026-10-30
  A defendant must establish through words and conduct that he believes he committed something morally wrong to obtain an offense-level reduction under Sentencing Guideline § 3E1.1, and a district court may consider post-plea criminal conduct in assessing whether that moral accepta
• Dr.-Ing. H.C.F. Porsche v. The Collection LLC
  Fla. 3d DCA· 2026-10-28
  A foreign automobile manufacturer that designs vehicles for, ships vehicles to, and orders recalls for vehicles owned in Florida has purposefully availed itself of Florida's market and has sufficient minimum contacts with the forum state to support the exercise of specific jurisd
• Marshall v. State
  Fla. 5th DCA· 2026-10-05
  A trial court errs in revoking probation when findings of violation are based solely on hearsay evidence unsupported by non-hearsay evidence, and when an alleged false statement to a probation officer is made before the underlying conduct allegedly establishing its falsity occurs
• Quiet Tech. Aerospace, Inc. v. Grp. E. Holdings, Inc.
  Fla. 3d DCA· 2026-09-17
  A party's demand for modified contract terms or statement of a preferred course of action does not constitute an unequivocal repudiation of the contract unless it amounts to a clear statement of intention not to perform except on conditions beyond the original contract.
• Doe v. Carnival Corp.
  11th Cir.· 2026-08-25
  The FBI investigator's factual conclusion that the sexual encounter was consensual is admissible under Federal Rule of Evidence 803(8) as a public record exception to hearsay because the opposing party failed to meet her burden of demonstrating lack of trustworthiness. This concl
• Aisha Jhaveri, LLC v. Billington Stables, LLC
  Fla. 4th DCA· 2026-05-27
  The corporate veil may not be pierced absent a showing of improper conduct, and a party must prove by a preponderance of the evidence that the shareholder dominated and controlled the corporation as an alter ego, the corporate form was used fraudulently or improperly, and such us
• Dunlap v. State
  Fla. 6th DCA· 2026-05-22
  Attempted manslaughter by act qualifies as a forcible felony under Florida's VCC statute because the use of physical force or violence is a necessary element of the crime and because attempted manslaughter involves a level of force comparable to the enumerated forcible felony of