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

• Roberts v. Secretary, DOC (Lee County)
  M.D. Fla.· 2021-06-07
  The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
• Iglinski v. Elec. Ins. Co.
  M.D. Fla.· 2021-06-04
  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.
• Bigley v. Liberty Mut. Fire Ins. Co.
  M.D. Fla.· 2021-05-28
  The court held that where significant uncertainty exists regarding the amount in controversy, doubts should be resolved in favor of remand to state court.
• ID Nos. 1303012706
  Del. Super. Ct.· 2021-05-27
  The Delaware Division of Probation and Parole (P&P) substantially complied with Procedure 7.19 when executing an administrative search of the defendant's residence, thus the motion to suppress the seized evidence is denied. Furthermore, the defendant violated his probation and co
• Roberts v. Hatcher
  N.D. Fla.· 2021-05-21
  The court held that the plaintiff's judicial admission, combined with supporting medical bills and future cost estimates, sufficiently established the amount in controversy for diversity jurisdiction, thus denying the motion to remand.
• Gillispie v. Izuierdo
  M.D. Fla.· 2021-05-20
  The court held that the defendant failed to establish federal diversity jurisdiction, as the amount in controversy for an ejectment action cannot be determined by monetary value from the defendant's perspective.
• In & for Kent Cnty. Pamela Johnson v. Gandy
  Del. C.P.· 2021-05-13
  The Court held that the Plaintiffs failed to prove unlawful ouster because they were not lawful tenants entitled to occupy the unit to the exclusion of others, having entered into an informal agreement with John, who was neither the owner, landlord, nor agent. The Court also held
• Ladedrick Harris v. State
  Fla. 2d DCA· 2021-05-12
  The appellate court reversed the revocation of Ladedrick Harris's probation, finding the state failed to prove he committed reckless driving. While Harris was speeding excessively, the court determined his actions alone, without other aggravating circumstances, did not meet the l
• Auclair v. Ecolab, Inc.
  M.D. Fla.· 2021-04-28
  The court held that the defendant failed to establish the amount in controversy by a preponderance of the evidence and denied the request for jurisdictional discovery as premature.
• Johnson-Lang v. Fam. Dollar Stores of Fla., LLC
  M.D. Fla.· 2021-04-27
  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.
• Dennis v. Geovera Specialty Ins. Co.
  M.D. Fla.· 2021-04-12
  The court held that the defendant failed to meet its burden of proving the amount in controversy exceeded $75,000, thus the court lacked subject-matter jurisdiction.
• Unwin v. Hartford Ins. Co. of the Midwest
  M.D. Fla.· 2021-04-09
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000 at the time of removal, thus the case must be remanded.
• Thomas v. The Prudential Ins. Co. of Am.
  M.D. Fla.· 2021-04-07
  The court held that the amount in controversy, including potential statutory attorney's fees, exceeded the $75,000 jurisdictional threshold, thus denying the motion to remand.
• Whisman v. Regymen Fitness, LLC
  M.D. Fla.· 2021-03-26
  The court held that it lacked diversity jurisdiction because the plaintiff failed to establish that defendant Navan, a key party for diversity purposes, was domiciled in Louisiana, and therefore, the LLC was also not diverse.
• IN the Interest of: Jane DOE vs
  Fla. 2d DCA· 2021-03-23
  The appellate court reversed a lower court's dismissal of a minor's petition for judicial waiver of parental notification for an abortion. The court found the record did not support the lower court's conclusion that the minor lacked sufficient maturity and that the lower court fa
• Scott v. Walmart, Inc.
  M.D. Fla.· 2021-03-17
  The court held that diversity jurisdiction was not satisfied because the amount in controversy was not met, and therefore granted the plaintiff's motion to remand.
• Walker v. GEICO Gen. Ins. Co.
  M.D. Fla.· 2021-03-04
  The court held that the defendant insurance company met its burden to prove the amount in controversy exceeded $75,000, thus denying the plaintiff's motion to remand.
• Meade v. Int'l Pontoon Corp.
  M.D. Fla.· 2021-03-03
  The court granted the plaintiff's motion to remand because the defendant failed to establish by a preponderance of the evidence that the amount in controversy met the jurisdictional threshold for federal court.
• Desai v. Fed. Ins. Co.
  M.D. Fla.· 2021-02-25
  The court held that the defendant met its burden to establish federal diversity jurisdiction, denying the plaintiffs' motion to remand.
• McCormack v. USAA Cas. Ins. Co.
  M.D. Fla.· 2021-02-24
  The court held that pre-suit demand letters can be considered in determining the amount in controversy for removal purposes, and the evidence presented was sufficient to meet the jurisdictional threshold.
• Rocha v. GEICO Gen. Ins. Co.
  M.D. Fla.· 2021-02-22
  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.
• Rivera v. Larsen
  M.D. Fla.· 2021-02-17
  The court affirmed the bankruptcy court's decision, holding that the trustee failed to prove that the debtor corporation was used for fraudulent or improper purposes, a necessary element for piercing the corporate veil.
• Hernandez v. ITW Food Equip. Grp., LLC
  S.D. Fla.· 2021-02-16
  The court held that the removing defendants failed to establish by a preponderance of the evidence that the amount in controversy exceeded the jurisdictional threshold, thus the case must be remanded to state court.
• Hernandez v. ITW Food Equip. Grp., LLC
  S.D. Fla.· 2021-02-14
  The court granted the plaintiff's motion to remand, finding that the removing defendants failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $75,000 jurisdictional threshold for diversity jurisdiction.
• A.B. a Child v. State
  Fla. 4th DCA· 2021-02-10
  A juvenile appeals his delinquency adjudication and commitment to a nonsecure residential program. The trial court erred by failing to reduce to writing its oral findings required by Florida Statute § 985.441(2)(d) before committing the juvenile to nonsecure residential placement
• Pro Video Instruments, LLC v. Thor Fiber, Inc.
  M.D. Fla.· 2021-02-10
  The court held that the plaintiff's trademark infringement case was exceptional due to its substantive weakness and unreasonable litigation tactics, warranting an award of attorney's fees to the prevailing defendant.
• Candelario v. USAA Cas. Ins. Co.
  M.D. Fla.· 2021-02-05
  The court held that the defendant failed to meet its burden of proving the amount in controversy exceeded $75,000, thus diversity jurisdiction was not established.
• McHale v. Crown Equip. Corp.
  M.D. Fla.· 2021-01-28
  In this products liability case arising from Alexander McHale's injury while operating a Crown RC5500 forklift, the court resolved multiple competing motions regarding the admissibility of expert testimony under the Daubert standard. The court held that plaintiffs' experts Meyer,
• Doe v. Pompeo
  S.D. Fla.· 2021-01-27
  The court granted summary judgment for the plaintiff, finding no genuine issue of material fact regarding his U.S. citizenship.
• Deerfield Beach v. Vaillant
  13th Cir. Ct. App. Div.· 2021-01-25
  A driver whose license was suspended after refusing a breath test challenges the lawfulness of the initial detention and arrest. The appellate court upholds the suspension, finding that law enforcement had reasonable suspicion for a welfare check based on observing the driver asl
• Espinoza v. S. Beach Assocs., LLC
  S.D. Fla.· 2021-01-20
  The court held that a valid arbitration agreement was formed, as the plaintiff electronically signed the dispute resolution agreement and hand-signed the acknowledgment form, reflecting his agreement to arbitrate.
• Castillo v. Geovera Specialty Ins. Co.
  S.D. Fla.· 2021-01-07
  The court held that the defendant failed to establish diversity jurisdiction because the amount in controversy, excluding speculative prospective attorney's fees and unsupported demands, did not exceed the $75,000 threshold.
• Hadden v. Univ. Acct. Servs.
  S.D. Fla.· 2020-12-31
  The court held that the plaintiff's claims fall within the scope of the arbitration agreement signed during enrollment, and therefore, the case must be arbitrated.
• Miller v. Arvest Cent. Mortg. Co.
  S.D. Fla.· 2020-12-18
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded $5 million, as the plaintiff's allegations did not sufficiently plead an exception to Florida's punitive damages cap.
• Cati v. Coulson
  M.D. Fla.· 2020-12-17
  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.
• Drossos v. State
  Fla. 2d DCA· 2020-12-16
  A defendant is not entitled to a new immunity hearing under the amended section 776.032 if the original immunity hearing took place before the amendment's June 9, 2017 effective date.
• Geico Indem. Co. v. Pride
  M.D. Fla.· 2020-12-04
  The court held that GEICO failed to establish the amount in controversy requirement for diversity jurisdiction in its declaratory judgment action.
• G.R. v. Agency for Persons with Disabilities
  Fla. 3d DCA· 2020-12-02
  An applicant for Medicaid waiver benefits for developmental disabilities must establish by a preponderance of the evidence that he has an intellectual disability manifesting before age 18; the hearing officer properly credited expert testimony that the applicant's true IQ was app
• Williams v. Dolgencorp LLC
  M.D. Fla.· 2020-11-25
  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.
• Berry v. State
  Fla. 2d DCA· 2020-11-13
  The appellate court reversed a conviction for unlawful use of a two-way communications device, finding the state failed to prove the crime occurred in the charged county. The court held that while venue is not jurisdictional and can be waived, the defendant did not waive the issu
• Rocha v. Telemundo Network Grp. LLC
  S.D. Fla.· 2020-11-11
  The court held that a valid arbitration agreement existed and that the dispute was arbitrable, granting the defendant's motion to compel arbitration.
• Dero Roofing, LLC v. Fed. Ins. Co.
  M.D. Fla.· 2020-11-09
  The court held that the defendant met its burden to establish the amount in controversy by a preponderance of the evidence, thus denying the plaintiff's motion to remand.
• GHF Am. Corp. v. Cont'l Cas. Co.
  S.D. Fla.· 2020-11-09
  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 for diversity jurisdiction.
• Katz v. Southern-Owners Ins. Co.
  M.D. Fla.· 2020-11-06
  The court held that the defendant met its burden to show the amount in controversy exceeded the jurisdictional threshold, denying the motion to remand.
• Facchina Constr. Litigations C.A. No. N17c-09-163 PRW Ccld Consol.
  Del. Super. Ct.· 2020-10-29
  The appellate court affirmed the trial court's judgment, finding no fraud in the sale of construction businesses, no breach of contract regarding indemnification claims due to lack of consent, and no entitlement to an acceleration payment under the Purchase and Sale Agreement. Th
• Clinch v. C&S Wholesale Servs., Inc.
  S.D. Fla.· 2020-10-29
  The court held that it lacked subject matter jurisdiction because the amount in controversy did not meet the $75,000 threshold, and therefore remanded the case to state court.
• Parker-Merrill v. Target Corp.
  M.D. Fla.· 2020-10-29
  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, thus lacking subject-matter jurisdiction.
• Beauliere v. Jetblue Airways Corp.
  S.D. Fla.· 2020-10-29
  A pre-suit settlement demand letter, standing alone, is insufficient to establish the amount in controversy for federal diversity jurisdiction if it lacks specific evidence substantiating the plaintiff's damages, particularly future medical expenses.
• Salama v. Hammonds
  M.D. Fla.· 2020-10-28
  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 court lacked subject matter jurisdiction.
• Cruz v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-10-23
  The court held that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to federal law and not based on an unreasonable determination of facts, particularly because the petitioner's guilty plea waived most claims and he could not