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

• Selena E. Molina Master in Chancery
  Del. Ch.· 2022-05-20
  The Court held that the Decedent's 2019 Will effectively amended her 2018 Trust, disinheriting her daughter, the Respondent. The Court found that the clear intent expressed in the 2019 Will, which directed the estate's pour-over into the 2018 Trust while simultaneously excluding
• D.K. v. Dep't of Child. & Families
  Fla. 1st DCA· 2022-05-17
  The appellate court affirmed a dependency adjudication against a father accused of child abuse. The court found sufficient evidence supported the trial court's conclusion that the father's explanation of the child's head injury was not credible and that the injury was consistent
• Dillashaw v. GEICO Gen. Ins. Co.
  M.D. Fla.· 2022-05-16
  The court held that the defendant failed to establish federal subject-matter jurisdiction based on diversity, as the amount in controversy was not facially apparent from the complaint and attached documents.
• Chase v. Holiday CVS, LLC
  S.D. Fla.· 2022-05-13
  The court held that a Civil Cover Sheet alone is insufficient to establish the amount in controversy for diversity jurisdiction, and a defendant must provide additional evidence to meet this burden. The court also held that attorneys' fees for removal are not warranted when the d
• Farias Matos v. Lexington Place Condo. Ass'n, Inc.
  M.D. Fla.· 2022-05-05
  The court held that condominium assessments incurred for an investment rental property are not consumer debts subject to the FDCPA and FCCPA.
• Pomet v. Allstate Prop. & Cas. Ins. Co.
  M.D. Fla.· 2022-04-26
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, despite demonstrating diversity of citizenship.
• Show Me Hospitality, LLC v. Tim Hortons USA, Inc.
  S.D. Fla.· 2022-04-21
  A Tim Hortons franchisee in St. Louis filed suit against its franchisor alleging anticipatory repudiation and breach of contract after the franchisor's management, following a 2014 acquisition, proposed an accelerated development plan, allegedly conditioned approval of new invest
• Corporate Real Est. Solutions, LLC v. Boyd Watterson Asset Mgmt., LLC
  S.D. Fla.· 2022-04-20
  The court held that it lacked personal jurisdiction over the defendant because the plaintiff failed to establish sufficient contacts with Florida under the state's long-arm statute and due process requirements.
• Hernandez v. Scottsdale Ins. Co.
  M.D. Fla.· 2022-04-14
  The court held that the defendant insurer failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, and therefore, the case must be remanded to state court.
• Wood v. Edenfield
  N.D. Fla.· 2022-03-31
  The court granted defendants' motions to exclude the expert opinions and testimony of Dr. Roy Bedard.
• Plus 352, S.A v. Licensed Accessories USA LLC
  M.D. Fla.· 2022-03-29
  Summary judgment was granted against individual defendants for actual fraudulent transfers, and default judgment was entered against Accessory 4G LLC.
• Adams v. Nationwide Mut. Ins. Co.
  M.D. Fla.· 2022-03-21
  The court held that the defendant failed to establish the amount in controversy by a preponderance of the evidence, thus failing to demonstrate federal subject matter jurisdiction.
• Fowler v. C.A. No. K21A-01-002 NEP Perdue Farms, Inc.
  Del. Super. Ct.· 2022-03-16
  The court reviewed a non-competition clause in an employment contract to determine its effective duration based on an employee's termination and subsequent re-employment.
• Beverly v. Sunbelt Rentals, Inc.
  M.D. Fla.· 2022-03-14
  The court held that the defendant failed to meet its burden of proving by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional threshold for removal.
• Arthrex, Inc. v. Hilton
  M.D. Fla.· 2022-03-08
  Arthrex sued its former employee Hilton and competitor Paragon after Hilton left Arthrex to work for Paragon, claiming he had misappropriated trade secrets and violated non-compete restrictions. The court found it had personal jurisdiction over Hilton based on his breach of the c
• Wall v. State
  333 So. 3d 348· Fla. 5th DCA· 2022-02-10
  Heather Wall appeals her conviction following a nolo contendere plea, challenging the denial of her motion to suppress evidence seized from her purse during a warrantless vehicle search. The appellate court reversed, finding the trial court improperly applied the inevitable disco
• Love v. State
  Fla. 4th DCA· 2022-02-02
  The appellate court reversed a restitution order for attorney's fees, finding insufficient evidence to support the amount awarded. The court held that while attorney's fees can be awarded as restitution if causally connected to the crime, the state must prove the amount with comp
• Love v. State
  Fla. 4th DCA· 2022-02-02 ·via Burden Of Proof By Preponderance Of The Evidence
  The court affirmed the trial court's denial of defendants' motion for summary judgment on their counterclaim to retain the down payment, but reversed the grant of summary judgment to plaintiffs on their complaint to recover it, finding triable issues of fact exist regarding wheth
• Barnett v. Sheriff of Broward Cnty.
  S.D. Fla.· 2022-01-31
  The Court held that a motion to enforce a settlement agreement, unlike a contempt motion, requires proof by a preponderance of the evidence, and it sustained in part Plaintiffs' objections regarding the definition of symptomatic detainees but ultimately denied modification of the
• Freeman v. Neptune Trucking, LLC
  M.D. Fla.· 2022-01-28
  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 case must be remanded to state court.
• Rogers v. Coloplast Corp.
  M.D. Fla.· 2022-01-27
  The court held that the plaintiff failed to establish that the foreign defendant purposefully availed itself of the forum state, thus personal jurisdiction was improper.
• Pantoja v. GeoVera Specialty Ins. Co.
  S.D. Fla.· 2022-01-20
  The court held that the removing defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, and therefore, the case must be remanded to state court.
• Morrison v. Target Corp.
  M.D. Fla.· 2022-01-18
  The court held that the defendant failed to prove by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional minimum required for removal.
• Simmons v. Ford Motor Co.
  S.D. Fla.· 2022-01-18
  The court denied plaintiffs' motion to exclude defendant's expert witnesses, finding their testimony admissible under Federal Rule of Evidence 702 and the Daubert standard.
• Goldsmith v. Travelers Indem. Co. of Am.
  M.D. Fla.· 2022-01-13
  The court held that the defendant failed to establish diversity jurisdiction because it did not sufficiently prove the plaintiff's citizenship and the amount in controversy. Therefore, the case must be remanded to state court.
• Bulow v. United States
  M.D. Fla.· 2021-12-22
  Russell Bulow and his wife sued the Veterans Health Administration for medical malpractice, alleging that VA physicians breached the standard of care by continuing to prescribe Depakote (a mood stabilizer) to Bulow after he developed acute pancreatitis in November 2015 and failin
• In re Amendments to Fla. Rule of Juv. Procedure 8.095
  Fla.· 2021-12-16
  The Florida Supreme Court adopted amendments to Florida Rule of Juvenile Procedure 8.095, which reorganizes and clarifies procedures for determining whether a child is mentally incompetent to proceed in delinquency cases or was insane at the time of a delinquent act. The amendmen
• Garcia v. Am. Sec. Ins. Co.
  S.D. Fla.· 2021-12-10
  The court held that the amount in controversy exceeded $75,000, denying the motion to remand, and granted in part and denied in part the motion to dismiss, dismissing the bad faith and declaratory relief claims as premature or duplicative.
• Blasini v. W. World Ins. Co.
  S.D. Fla.· 2021-12-08
  The court held that the defendant met its burden to show the amount in controversy exceeded $75,000 by a preponderance of the evidence, thus denying the motion to remand.
• Haynes v. State
  Fla. 5th DCA· 2021-12-02
  Joshua Haynes appeals a restitution order requiring him to pay $68,043.38 for a stolen GPS unit. The court reverses because the restitution award was based on inadmissible hearsay evidence, vague testimony ('guesstimate'), and improperly resulted in a windfall to the victim by aw
• Schaeffer v. Lockwood
  Del. Ch.· 2021-11-30
  The appellate court affirmed in part and reversed in part the trial court's decision. The court held that the plaintiff failed to prove a contract or promissory estoppel, as there was no mutual assent on essential terms and no sufficiently definite promise. However, the court fou
• Bien-Amie v. Brookdale Senior Living Inc.
  M.D. Fla.· 2021-10-29
  The court held that the defendant failed to establish the amount in controversy exceeded $75,000, requiring remand to state court for lack of subject matter jurisdiction.
• Philantrope v. Jean
  S.D. Fla.· 2021-10-19
  The court held that the child was wrongfully removed from Chile and ordered his immediate return, as the father failed to establish any exceptions to the Hague Convention, including that the child was well-settled in the United States.
• G&W Park Condo Ass'n, Inc. v. Scottsdale Ins. Co.
  M.D. Fla.· 2021-10-12
  The court held that the amount in controversy exceeded $75,000, thus denying the motion to remand.
• Pflucker v. Warms
  M.D. Fla.· 2021-10-06
  The court denied the petition, finding the petitioner failed to establish wrongful retention and the respondent proved consent and acquiescence.
• Calhoun v. Allstate & Cas. Ins. Co.
  M.D. Fla.· 2021-09-24
  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, thus the motion to remand is granted.
• Jones v. Arby's Rest. Grp. Inc.
  M.D. Fla.· 2021-09-13
  The court held that the defendants met their burden to establish the amount in controversy exceeded $75,000, denying the plaintiffs' motion to remand.
• James Dar, LLC v. OJCommerce, LLC
  S.D. Fla.· 2021-09-09
  The court held that the amount in controversy exceeded $75,000, thus denying remand, and that a valid forum selection clause required transfer to Florida.
• Williams v. Circle K Stores, Inc.
  M.D. Fla.· 2021-09-03
  The Court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy was met for diversity jurisdiction.
• Lee v. Korol
  S.D. Fla.· 2021-08-31
  The court held that the defendant failed to prove by a preponderance of the evidence that the amount in controversy exceeded the jurisdictional requirement for diversity jurisdiction.
• Oscar v. Noble Sales Co., Inc.
  S.D. Fla.· 2021-08-14
  The court held that the defendant met its burden to show the amount in controversy exceeded $75,000, thus denying the plaintiff's motion to remand.
• Crotts v. Southern-Owners Ins. Co.
  M.D. Fla.· 2021-08-05
  The court held that the defendant established by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus denying the plaintiff's motion to remand.
• Rodriguez v. DHSMV
  13th Cir. Ct. App. Div.· 2021-08-03
  Roberto Rodriguez petitioned for a writ of certiorari to challenge the Department of Highway Safety and Motor Vehicles' upholding of his driver's license suspension for refusing to submit to a breath test. The court denied the petition, finding that the HGN test results were not
• Lima v. Litfin
  M.D. Fla.· 2021-07-28
  The court held that the defendants failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, thus the court lacked subject matter jurisdiction.
• In re Hurley
  Del.· 2021-07-28
  The Delaware Supreme Court affirmed the Superior Court's order of civil contempt against attorney Joseph A. Hurley. The Court held that Hurley's public statements, made in violation of a "Gag Order" restricting extrajudicial comments, created a substantial likelihood of materiall
• Woods v. Circle K Stores, Inc.
  M.D. Fla.· 2021-07-22
  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, thus the case must be remanded to state court.
• State v. Saunders
  46 Fla. L. Weekly D995· Fla. 2d DCA· 2021-07-07
  The State appealed sentences of time served for felony petit theft convictions, arguing they were downward departures without a valid basis. The appellate court agreed, finding no legal justification or factual support for the sentences imposed over the State's objection.
• Matrix Advertising, LLC v. Gilman
  S.D. Fla.· 2021-07-06
  The court held that the defendants' removal of the case was untimely because the plaintiff's Second Amended Complaint provided sufficient information to ascertain removability more than 30 days prior to removal.
• Smith v. Automatic Data Processing, Inc.
  M.D. Fla.· 2021-06-30
  The court held that defendants failed to sufficiently establish the amount in controversy for diversity jurisdiction based solely on an unsworn email from plaintiff's counsel.
• Kruse v. Sam's W., Inc.
  M.D. Fla.· 2021-06-25
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000, and therefore, the case must be remanded.