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

• Dolphin Pointe Health Care, LLC v. Moravia
  Fla. 5th DCA· 2026-05-11
  An arbitration agreement is invalid when the party challenging it establishes by a preponderance of the evidence that the contracting person lacked the mental capacity to comprehend the nature and effect of the agreement. Here, competent substantial evidence supported the trial c
• Jones v. State
  Fla. 4th DCA· 2026-05-06
  A trial court, not a jury, determines the amount of restitution under Florida Statutes section 775.089(7), which requires disputes over restitution to be resolved by the court using a preponderance of the evidence standard.
• United States v. Alexander
  11th Cir.· 2026-03-24
  The Eleventh Circuit affirmed a conviction for making a false statement to Medicare but vacated the restitution order. The court found sufficient evidence for the conviction, including that the false statement about ownership was material and that the defendant aided and abetted
• Nance v. Comm'r, Ga. Dep't of Corr.
  11th Cir.· 2026-03-19
  Michael Nance, a death row inmate, challenged his scheduled execution by lethal injection under the Eighth Amendment, claiming his compromised veins would create a substantial risk of severe pain. The district court rejected his claims after a bench trial, and the Eleventh Circui
• Van Horn v. Townsend Real Estate
  Del. Ch.· 2026-02-27
  Michael Van Horn sought to quiet title to a disputed 50-by-100-foot parcel of land by adverse possession, claiming his family had continuously, openly, and adversely possessed the property since the 1940s. The Delaware Court of Chancery found that Van Horn satisfied all elements
• GC Broadway, LLC
  Del. Ch.· 2026-02-26
  This Delaware Court of Chancery decision resolves a dispute over a failed Santa Monica real estate development venture. The plaintiffs invested nearly $8 million as preferred equity in 2023, securing a mandatory redemption by September 2024 and personal guaranties from defendant
• Busias v. State
  Fla. 4th DCA· 2026-02-18
  Charles S. Busias appealed the trial court's denial of his motion for a downward departure from sentencing guidelines. The court held that the trial court erred by finding insufficient evidence of a qualifying mental disorder unrelated to substance abuse, where expert testimony c
• IN & for NEW Castle Cnty.
  Del. C.P.· 2026-02-11
  Grace Davis challenged her DUI arrest following a traffic stop at a crime scene, arguing lack of probable cause for arrest and improper administration of the Intoxilyzer test. The Delaware Court of Common Pleas denied her motion to suppress, finding that while two of three field
• D. D. R. v. State
  Fla. 2d DCA· 2026-02-06
  While hearsay evidence may be admitted in violation of probation proceedings, it cannot constitute the sole basis for finding a probation violation. The State must present nonhearsay evidence establishing that a violation occurred on the specific date alleged in the petition.
• Proumes Mitchell v. State
  Fla. 3d DCA· 2026-01-28
  A probation revocation order must be corrected to exclude uncharged violations, but resentencing is not required when the record clearly shows the trial court did not consider the uncharged conduct during sentencing.
• Cherricks v. State of Del.
  Del.· 2026-01-27
  Roberto Cherricks appeals a Superior Court sentencing order for violation of probation (VOP). The Delaware Supreme Court affirmed the sentence, holding that Cherricks admitted to the probation violations and the imposed sentence was within statutory limits and not based on improp
• Johnson v. Tractor Supply Co.
  M.D. Fla.· 2026-01-20
  The court held that the defendant's Notice of Removal was insufficient because it failed to establish the amount in controversy by a preponderance of the evidence.
• Mortg. Connect Document Solutions, LLC v. Green Indus. Dev. Grp., LLC
  Del. Super. Ct.· 2026-01-20
  In this commercial lease dispute, the Delaware Superior Court found that MCDS repudiated a warehouse lease with Green by sending a December 28 text message stating it could not proceed with the space and would pursue other alternatives. The court ruled Green properly terminated t
• Kelly v. Aylstock
  N.D. Fla.· 2026-01-16
  The court held that the plaintiff's motion to remand should be denied because the amount in controversy likely exceeds $75,000 and the "forum defendant rule" does not bar removal when the forum defendant has not been properly served prior to removal.
• IMO the Estate of Joseph L. Weddington, Jr.
  Del. Ch.· 2026-01-15
  Teresa Robinson, co-administrator of the Estate of Joseph L. Weddington Jr., challenged a magistrate's determination that Danielle Whitaker, Jone Posey, and Paul Whitaker were the decedent's rightful heirs and an order requiring them to return various estate assets distributed to
• IN & FOR NEW Castle Cnty. H--- E------ v. A---- M------
  Del. Fam. Ct.· 2026-01-07
  Wife sought a protective order against Husband alleging financial abuse and threatening conduct after he withdrew tens of thousands of dollars from marital accounts while living separately and encouraged their children to remove Wife from the home. The Family Court judge affirmed
• Chavez T. Williams v. Hall
  Del.· 2026-01-06
  This appeal concerns ownership of a vacant Delaware property after the intestate death of Mariah Jane Walters over 48 years ago. Appellants (descendants of Mariah's sister Frances Mason) challenged a lower court judgment quieting title in favor of appellees (who claim to be Maria
• Jardim v. Paez
  S.D. Fla.· 2025-12-19
  The court granted the petition for return of children, finding the father established a prima facie case for wrongful retention and the mother failed to prove any affirmative defenses.
• Jaimes v. Lucero Mileydi Gil Tavera
  S.D. Fla.· 2025-12-10
  The court granted the petition for the return of the child to Colombia, finding that the child was habitually resident there and that the respondent failed to establish any exceptions to the Hague Convention's return requirement.
• Miller v. Allstate Fire & Cas. Ins. Co.
  M.D. Fla.· 2025-12-10
  The court held that the defendant failed to meet its burden of proving the amount in controversy exceeded the jurisdictional minimum for removal.
• Caine v. Auto-Owners Ins. Co. & Progressive Select Ins. Co.
  M.D. Fla.· 2025-12-03
  The court held that the removing defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional threshold for diversity jurisdiction.
• Centrella v. C.A. No. N23C-10-200 PRW CCLD Avantor, Inc.
  Del. Super. Ct.· 2025-11-24
  The court held that the plaintiff failed to establish a claim for tortious interference with prospective business relations. The court found that while the plaintiff had a reasonable probability of a business opportunity with Waters, the defendant's conduct was not improper or wr
• Henry v. Blazin Wings, Inc.
  M.D. Fla.· 2025-11-21
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the jurisdictional threshold, requiring remand to state court.
• Youngblood v. Total Renal Care, Inc.
  M.D. Fla.· 2025-11-17
  The court held that the defendant failed to sufficiently demonstrate the amount in controversy requirement for diversity jurisdiction.
• Asuzene Grady v. BJ's Wholesale Club, Inc.
  M.D. Fla.· 2025-11-14
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional threshold, requiring remand.
• Zimmerman v. Forkins
  M.D. Fla.· 2025-11-13
  The court held that the defendant failed to establish diversity jurisdiction, thus the case must be remanded to state court.
• Williams v. Walmart Stores E., LP
  M.D. Fla.· 2025-11-06
  A defendant seeking removal based on diversity jurisdiction must establish the amount in controversy by a preponderance of the evidence, and mere allegations or speculative damages are insufficient.
• Tomanek v. Allstate Ins. Co.
  M.D. Fla.· 2025-10-30
  The court held that the defendant failed to establish the amount in controversy by a preponderance of the evidence, requiring remand to state court.
• Cfgi, LLC v. Common C Holdings LP
  Del. Super. Ct.· 2025-10-30
  The court held that only Common C Holdings LP (Common LP) is liable for breach of the consulting agreement, and CFGI is entitled to $2,160,033.50 in damages. The court rejected Common's numerous objections to CFGI's invoices and found that Common was responsible for the expansion
• Harman v. Yonder Alonso
  Fla. 3d DCA· 2025-10-29
  A mother appealed the trial court's denial of her petition to relocate her two minor children from Florida to California. The appellate court reversed, finding that the trial court relied on legally impermissible speculative findings about the mother's future marital stability, c
• Mellen v. Allstate Fire & Cas. Ins. Co.
  M.D. Fla.· 2025-10-29
  The court held that the defendant failed to meet its burden of proving the amount in controversy exceeded the jurisdictional threshold for diversity jurisdiction.
• Tomanek v. Allstate Ins. Co.
  M.D. Fla.· 2025-10-20
  The court held that the defendant's Notice of Removal was insufficient to establish federal subject-matter jurisdiction.
• Knowles v. Allstate Fire & Cas. Ins. Co.
  M.D. Fla.· 2025-10-01
  The court held that the defendant failed to meet its burden to establish the amount in controversy for removal, and therefore, the case must be remanded to state court.
• Bauman v. Allstate Fire & Cas. Ins. Co.
  M.D. Fla.· 2025-10-01
  The removing defendant failed to meet its burden of proving by a preponderance of the evidence that the amount in controversy exceeded $75,000 at the time of removal. Vague allegations of permanent injury coupled with unsupported pre-suit demand information constitute mere specul
• Tapia v. Ur Mendoza Jaddou
  M.D. Fla.· 2025-09-30
  The court held that USCIS's denial of the plaintiff's immigrant visa petition was not arbitrary, capricious, or contrary to law, as USCIS provided a satisfactory explanation for its decision based on the plaintiff's failure to meet the required criteria.
• Thompson
  Del. Ch.· 2025-09-26
  The appellate court affirmed in part and reversed in part the trial court's decision. The court held that the attorney-in-fact did not engage in self-dealing by naming himself the primary beneficiary of a retirement account because he was already the secondary beneficiary and the
• Williams v. Walmart Stores E., LP
  M.D. Fla.· 2025-09-23
  The court held that the defendant's notice of removal was insufficient to establish federal diversity jurisdiction because the amount in controversy was not proven to exceed $75,000.
• Leon v. Marianela Dolores Lozano
  Fla. 3d DCA· 2025-09-17
  The trial court's factual findings regarding donative intent are binding on appeal when supported by competent, substantial evidence, and the appellate court may not substitute its judgment through re-evaluation of testimony and evidence.
• Sunnydell Plaza, LLC v. Westchester Surplus Lines Ins. Co.
  M.D. Fla.· 2025-09-16
  The court held that the defendant failed to establish subject-matter jurisdiction by a preponderance of the evidence and ordered the defendant to supplement the notice of removal.
• Greene v. State
  Fla. 3d DCA· 2025-09-03
  A defendant's own testimony at a VOP hearing unequivocally establishing his release date within three years of the crime is sufficient evidence to prove PRR status, but a probation revocation order must contain written findings of fact and reasons for revocation.
• Brittell v. Cbre, Inc.
  2023 WL 11841026· M.D. Fla.· 2025-08-29
  The court held that the defendants failed to meet their burden of proving the amount in controversy exceeded $75,000, requiring remand to state court.
• Peyton v. Grant
  S.D. Fla.· 2025-08-28
  Shareholders David Peyton and David Martinez failed to prove by a preponderance of the evidence that they are one-third owners of Nexxt Gen Corporation and related companies, or that they are equal one-third partners in a joint venture with Eric Grant providing network, communica
• Tamarah Wellons and Jarett Wellons v. Broward Water Consultants, Inc.
  Fla. 3d DCA· 2025-08-20
  A trial court does not abuse its discretion by declining to consider a response to a motion for summary judgment that is filed untimely, three days before the continued hearing, when the nonmovant failed to comply with Florida Rule of Civil Procedure 1.510(e)(2)–(3).
• Global Marine Exploration, Inc. v. Republic of France
  11th Cir.· 2025-08-19
  A Florida-based underwater exploration company sued France seeking salvage compensation and other remedies after discovering the wreck of a 16th-century French military vessel off Florida's coast, but the court affirmed summary judgment for France, holding that the Sunken Militar
• David v. Wawa, Inc.
  M.D. Fla.· 2025-08-14
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the jurisdictional threshold for diversity jurisdiction.
• Andreu v. Costco Wholesale Corp.
  S.D. Fla.· 2025-08-08
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $75,000 threshold for diversity jurisdiction.
• Harkins v. Knipp
  M.D. Fla.· 2025-08-05
  The court held that the defendant failed to establish federal diversity jurisdiction because the defendant did not adequately plead the citizenship of one of the parties and did not provide sufficient evidence to meet the amount in controversy requirement.
• Llorente v. El Benaye
  S.D. Fla.· 2025-07-31
  A father sought the return of his two daughters under the Hague Convention on International Child Abduction, after their mother removed them from Spain to Florida, but the court denied his petition finding that the children faced a grave risk of physical and psychological harm if
• Dep't of Child. & Families & Guardian ad Litem v. K.W.
  Fla. 5th DCA· 2025-07-30
  The trial court's findings regarding the mother were supported by competent substantial evidence and will not be reweighed on appeal. However, the trial court erred by failing to make factual findings on the allegation that the father failed to protect the children from the mothe
• In re 1994 70' Hatteras M/Y Madame Musique bearing HIN Hatd 4421934 & ON 999308
  M.D. Fla.· 2025-07-28
  The court denied the petitioner's motions for summary judgment and to exclude expert testimony, finding genuine issues of material fact regarding causation and negligence.