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

• Parnes v. Orange Cnty. Sch. Bd.
  M.D. Fla.· 2024-09-24
  The court held that the expert is qualified to opine on accommodations but excluded opinions on causation and costs due to unreliability.
• Betancourt v. Corporacion Hotelera Palma LLC.
  S.D. Fla.· 2024-09-18
  The court recommended granting the motion to dismiss, finding the plaintiff failed to establish Article III standing because he did not demonstrate a sufficiently concrete and immediate threat of future injury.
• Nazarian v. Khosrow
  Del. Ch.· 2024-09-13
  The Delaware Court of Chancery held that Benjamin Nazarian had the authority to vote the trusts' shares at the December 9, 2024, stockholders' meeting, as evidenced by the letters of trusteeship issued by the New York Surrogate's Court. Consequently, the amendments to the company
• Pleasant Hill Homeowners Ass'n, Inc. v. Valerie
  Del. Ch.· 2024-09-11
  The Court of Chancery found in favor of the Pleasant Hill Homeowners Association, Inc., recommending that injunctive relief be issued to remedy the homeowners' noncompliance with deed restrictions. The court held that the deed restriction regarding fence height was enforceable as
• Hamilton v. Crete Carrier Corp.
  M.D. Fla.· 2024-08-27
  The court held that the defendant failed to demonstrate by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional threshold for diversity jurisdiction.
• Engeper Am. Corp. v. Ohio Sec. Ins. Co.
  M.D. Fla.· 2024-08-23
  The court held that the amount in controversy exceeded the $75,000 jurisdictional threshold, and therefore, the case was properly removed to federal court.
• N.H. Ins. Co. v. Logan Marine & Indus. Diesel LLC
  S.D. Fla.· 2024-08-13
  The court held that the defendant's actions in replacing the upper exhaust hose, which led to the lower hose detaching and causing engine room flooding, constituted a breach of the warranty of workmanlike performance and negligence under admiralty law.
• Greacen v. Town of Redington Beach
  M.D. Fla.· 2024-08-12
  Two consolidated cases challenging a Florida beach ordinance failed when the court found that the Town of Redington Beach established, through extensive testimony and historical evidence, that residents and visitors had longstanding customary use rights to the dry sand portions o
• Anderson v. Amazon.Com Servs. LLC
  M.D. Fla.· 2024-08-01
  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 minimum at the time of removal.
• Zenith Energy Terminals Joliet Holdings LLC v. Centerpoint Props. Tr.
  Del. Super. Ct.· 2024-07-29
  The court held that CenterPoint breached both the Purchase Agreement and the Construction Management Agreement. Zenith proved by a preponderance of the evidence that CenterPoint failed to use reasonable best efforts to achieve Final Completion under the Purchase Agreement and tha
• Guzman v. Lazzari
  394 So. 3d 106· Fla. 4th DCA· 2024-07-03
  This medical malpractice appeal addresses whether a defendant physician must provide an expert witness in a specialty field to pursue a Fabre defense (apportioning fault to a non-party). The court held that under the limited circumstances where negligence allegations are identica
• State v. Boutiette
  Fla. 5th DCA· 2024-06-28
  Florida appeals a trial court's order granting John Boutiette self-defense immunity on aggravated battery convictions despite a jury verdict of guilty. The appellate court reverses, holding that the jury's guilty verdict (beyond reasonable doubt) cures the trial court's earlier a
• Montanez v. Slusars
  M.D. Fla.· 2024-06-27
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus the court lacked subject-matter jurisdiction.
• Sweeney
  Del. Ch.· 2024-06-18
  The court held that Lisa M. Sweeney breached her fiduciary duties as co-trustee of the Josephine S. Sweeney Living Trust by failing to perform her obligations, intentionally causing expenses, and acting out of animosity towards her co-trustee, Mark C. Sweeney. Consequently, Lisa
• Throgmartin v. Nationwide Mut. Ins. Co.
  M.D. Fla.· 2024-06-11
  A pre-suit demand letter containing specific details about medical treatments and expenses can be sufficient evidence to establish the amount in controversy for removal purposes, even if the plaintiff later argues it does not definitively establish the amount.
• Damaris Hedges v. Hamilton
  Fla. 5th DCA· 2024-05-30
  Damaris Hedges appealed the denial of her Suggestion of Capacity to restore her legal rights from a guardianship established in 1999. The Fifth District Court of Appeal reversed because the trial court applied an incorrect burden of proof—requiring clear and convincing evidence i
• The Sch. Bd. of St. John's Cnty. v. C.L.
  M.D. Fla.· 2024-05-30
  The court denied the defendant's motions to dismiss, finding that the plaintiff stated a claim for relief under the IDEA and that personal jurisdiction was established.
• Feenix Payment Sys., LLC v. C.A. No. N21c-05-099 EMD Ccld Michael Blum
  Del. Super. Ct.· 2024-05-29
  The court found that Michael Blum breached the Separation Agreement by making disparaging statements about Feenix and its affiliates in a letter sent to Atalaya, and by disclosing confidential information about a new financing arrangement. However, Feenix largely failed to prove
• Nasir
  Del. Super. Ct.· 2024-05-14
  The Superior Court properly denied the petition for return of property, affirming the Commissioner's order. The court found that the State had established probable cause for forfeiture under 16 Del. C. § 4784, and the petitioner failed to meet his burden of proving by a preponder
• Dupree v. State
  Fla. 2d DCA· 2024-05-10
  A postconviction court cannot summarily deny a Rule 3.850 motion by relying on documents outside the official court record, even if the trial court took judicial notice of those documents in a related case. Proof that a defendant qualifies as a prison releasee reoffender must be
• Meke Rest. v. Westchester Surplus Lines Ins. Co.
  M.D. Fla.· 2024-05-03
  The court held that the defendant sufficiently established the amount in controversy by a preponderance of the evidence, thus denying the plaintiff's motion to remand.
• Himawan
  Del. Ch.· 2024-04-30
  The Court held that the defendants did not breach the Merger Agreement's "commercially reasonable efforts" (CRE) clause. The Court found that the defendants' actions, including Cephalon's termination of RSZ development for EoE after multiple failed attempts to gain FDA approval a
• Farrell v. State
  S.D. Fla.· 2024-04-25
  The court held that federal habeas review cannot grant relief for state law errors, and to the extent federal claims were raised, they were meritless.
• Handler v. C.A. No. 2022-0672-SG Centerview P'rs Holdings L.P.
  Del. Ch.· 2024-04-24
  The Court held that the plaintiff failed to prove by a preponderance of the evidence that an oral partnership agreement was reached. Therefore, the plaintiff was not a partner in Topco and was not entitled to demand books and records under the relevant statute.
• Bedgood v. Wyndham Vacation Resorts Inc.
  M.D. Fla.· 2024-04-22
  The court held that while some plaintiffs' claims met the amount in controversy requirement for diversity jurisdiction, one plaintiff's claims did not, leading to dismissal of that plaintiff's case.
• State v. Jackson
  385 So. 3d 189· Fla. 2d DCA· 2024-04-12
  The State appeals a trial court's order granting a defendant's motion in limine to exclude his recorded confession to law enforcement in a child sexual abuse case. The dissenting opinion argues the trial court erroneously excluded the confession by misapplying section 92.565, whi
• Rogers v. Est. of William H. Rodgers, SR.
  Del. Ch.· 2024-04-10
  The appellate court affirmed the trial court's decision, holding that the petitioners failed to prove by a preponderance of the evidence that the deed was invalid due to lack of capacity or undue influence. The court also found that the respondent had not established entitlement
• In re the Est. of Sherri Zamichieli v. Zamichieli
  Del. Ch.· 2024-04-05
  The court found that the Respondent breached her fiduciary duties to the Estate by improperly expending estate funds for personal use and by retaining specific personal property belonging to the Estate. The court ordered a surcharge against the Respondent's share of the Estate an
• Krause v. Kohl's Inc.
  M.D. Fla.· 2024-03-26
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus lacking subject matter jurisdiction.
• Davis v. RTM Operating Co., LLC
  M.D. Fla.· 2024-03-25
  The Florida civil cover sheet, by itself, is insufficient to establish the amount in controversy for federal diversity jurisdiction; defendants must provide additional evidence beyond the cover sheet and generic complaint allegations to meet their burden of proof for removal.
• Koach v. Maynard
  M.D. Fla.· 2024-03-25
  The Florida civil cover sheet, by itself, is insufficient to establish the amount in controversy for federal diversity jurisdiction; defendants must provide additional evidence beyond the cover sheet and generic complaint allegations to meet their burden of proof for removal.
• Martinez-Lopez v. Bowden
  M.D. Fla.· 2024-03-25
  The Florida civil cover sheet, by itself, is insufficient to establish the amount in controversy for federal diversity jurisdiction; defendants must provide additional evidence beyond generic allegations and the cover sheet.
• Lima v. Howard
  M.D. Fla.· 2024-03-25
  The Florida civil cover sheet, by itself, is generally insufficient to establish the amount in controversy for federal diversity jurisdiction, but it can be considered as some evidence when combined with other supporting facts.
• United States v. Owens
  96 F.4th 1316· 11th Cir.· 2024-03-20
  The court held that the district court's factual findings regarding the defendant's possession of Suboxone and his role in a buyer's overdose death were not clearly erroneous, thus affirming the upward variance in his sentence.
• Trincia v. Dick's Sporting Goods
  Del. Super. Ct.· 2024-03-14
  The appellate court affirmed the Industrial Accident Board's decisions, finding that the Board did not abuse its discretion in admitting the claimant's pre-existing medical records into evidence and that its denial of the claimant's petition for compensation was supported by subs
• Geico Marine Ins. Co. v. Amzim Marine Servs., LLC
  M.D. Fla.· 2024-03-12
  The court held that the plaintiffs failed to prove negligence because they did not establish Amzim's duty, a breach of that duty, causation, or damages, and the owner failed to mitigate damages.
• Angarita v. Hypertoyz, Inc.
  S.D. Fla.· 2024-03-08
  After default judgment on liability, the court awarded compensatory damages totaling $2,934,916 to four family members for economic losses from destroyed property, sentimental value of irreplaceable items, and pain and suffering damages both past and future, with each family memb
• The Nw. Mut. Life Ins. Co. v. Cross
  M.D. Fla.· 2024-03-04
  The court held that the insurer's claim for rescission was not barred by the probate statute of limitations and that the claim for declaratory judgment regarding suicide was plausible. Motions to dismiss were denied.
• City OF Dover
  Del. Super. Ct.· 2024-02-27
  The City of Dover Electric Department is entitled to recover unpaid electric bills from Cassidy Commons, LLC. The City's electric tariff, which has the force of law, establishes Cassidy as the responsible party because it applied for the service and remained the account holder, e
• J----- F----- (herein "Mother" and W----- S----- (herein "Father"
  Del. Fam. Ct.· 2024-02-22
  The Family Court granted the Petition for Third-Party Visitation, finding that the petitioner, despite not being a relative, had a substantial and positive prior relationship with the child and that visitation was in the child's best interest. The court determined that the father
• Chertok v. SRS Acquiom, Inc.
  S.D. Fla.· 2024-01-31
  The court held that the removing defendants failed to meet their burden of proving the amount in controversy exceeded $75,000, thus lacking subject matter jurisdiction.
• Stewart N. Goldstein, M.D.
  Del. Ch.· 2024-01-26
  The court granted the plaintiff's motion for sanctions due to the defendants' failure to preserve electronically stored information (ESI), specifically text messages. The court found that the defendants had a duty to preserve this information, that the texts were lost due to thei
• Brock v. United States
  M.D. Fla.· 2024-01-25
  Joy Brock, as personal representative of her deceased husband Richard Brock's estate, brought a medical malpractice action under the Federal Tort Claims Act against the United States, alleging that an advanced registered nurse practitioner at Naval Hospital Jacksonville fell belo
• Thomas v. Case Nos. N19M-01-094 N19M-12-202 N21M-06-074
  Del. Super. Ct.· 2024-01-16
  The Court affirmed the denial of the plaintiff's petitions for return of property, holding that the State established probable cause for the forfeiture of currency seized during three separate traffic stops. The plaintiff failed to rebut the presumption of forfeiture by a prepond
• Anderson v. State
  Fla. 5th DCA· 2024-01-12
  The appellate court affirmed a conviction for petit theft and trespass, holding that the trial court properly denied a jury instruction on the defense of abandonment. The court found the evidence showed an involuntary abandonment, which is not a valid defense, and that the defend
• Brooks v. State
  Fla. 2d DCA· 2024-01-12
  Austin Brooks appealed his convictions for exploitation of an elderly or disabled adult, fraudulent use of personal information, and money laundering, while the State cross-appealed his downward departure sentence. The court affirmed Brooks' convictions but reversed his sentence
• Brooks v. State
  Fla. 2d DCA· 2024-01-12
  A downward departure sentence cannot be justified based on unauthenticated comparisons to similarly situated defendants without competent, substantial evidence of the facts and circumstances of those cases, nor can a trial court's dissatisfaction with the guideline range alone su
• Ramsey Zimmerman v. State
  Fla. 5th DCA· 2024-01-12 ·via Burden Of Proof By Preponderance Of The Evidence
  The appellate court affirmed the Florida Gaming Control Commission's denial of a Pari-mutuel Wagering Professional Individual Occupational License to Ramsey Zimmerman. Zimmerman's prior felony convictions for grand theft were disqualifying offenses, and the court found insufficie
• The Williamses v. Ms. Redd
  13th Cir. Ct. App. Div.· 2024-01-11
  The Thirteenth Judicial Circuit Court reversed an administrative hearing officer's decision declaring the Williamses' dogs "dangerous" under Florida statute, finding that the appellants were denied procedural due process during the hearing and that the decision lacked sufficient
• v. Guerrero
  M.D. Fla.· 2024-01-08
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, requiring remand.