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

• Odell v. Gordon Food Serv. Store LLC
  M.D. Fla.· 2019-11-15
  The court held that the defendant failed to establish diversity jurisdiction because the amount in controversy did not exceed $75,000, and therefore the case must be remanded to state court.
• K. E. v. Dept. of Child. & Families
  Fla. 2d DCA· 2019-11-08
  The Mother appeals the trial court's order adjudicating her child dependent following a previous reversal of a termination of parental rights judgment. The Second District Court of Appeals reverses the dependency adjudication, finding the evidence insufficient to establish abuse,
• Dukes v. Integon Nat'l Ins. Co.
  S.D. Fla.· 2019-10-28
  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, even considering attorney's fees.
• R.B. v. Dep't of Child. & Families
  Fla. 3d DCA· 2019-10-23
  The appellate court affirmed a dependency adjudication for a child whose sibling died from severe burns while under the father's care. The mother's actions, including leaving children unsupervised, inconsistent statements, and drug use, supported the finding that the child was ne
• Larrigui-Negron v. State
  Fla. 1st DCA· 2019-10-11
  An administrative law judge errs as a matter of law when rejecting uncontradicted evidence supporting a Medicaid lien reduction without identifying a reasonable basis for doing so.
• Shapiro v. Nuvasive, Inc.
  S.D. Fla.· 2019-10-07
  The court held that the plaintiff's stipulation that she would not seek over $75,000 was not sufficient to defeat removal jurisdiction when the defendant presented evidence of $80,000 in medical bills.
• Nima Nash Moradi v. State
  Fla. 5th DCA· 2019-10-04
  Appellate counsel is not ineffective for failing to raise a legal argument based on a novel theory that had not been fully articulated or established in Florida law at the time of the appeal. The retroactive application of the amended Stand Your Ground statute was not a recognize
• Mi Pulpe, LLC v. Mexilink Inc.
  S.D. Fla.· 2019-10-02
  The court held that the removing 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.
• Tamiami Condo. Warehouse Plaza Ass'n, Inc. v. Markel Ins. Co.
  S.D. Fla.· 2019-10-02 ·via Burden Of Proof By Preponderance Of The Evidence
  A claim for declaratory relief is properly dismissed if it is duplicative of a breach of contract claim and the plaintiff can obtain full relief through the breach of contract claim.
• IN & FOR Sussex Cnty. James & Gerri Moore v. JIM Parker Builders, Inc.
  Del. C.P.· 2019-09-24
  The trial court correctly entered judgment in favor of the defendant, Jim Parker Builders, Inc., because the plaintiffs failed to meet their burden of proof to establish that the defendant breached the construction contract by improperly installing the septic system. While the pl
• Gray v. Agency for Health Care Admin.
  Fla. 1st DCA· 2019-09-03
  When a Medicaid recipient's settlement proceeds are unallocated among categories of damages, the default statutory formula applies by operation of law, requiring payment of one-half of remaining recovery (after attorney's fees and costs) to Medicaid up to the total amount of medi
• Cote v. State
  Fla. 5th DCA· 2019-08-30
  The appellate court reversed a probation violation finding because the sole evidence presented was hearsay. The court held that while hearsay is admissible in probation violation hearings, it cannot be the only evidence used to prove a willful violation.
• Cote v. State
  Fla. 5th DCA· 2019-08-30
  The appellate court reversed a probation violation finding because the only evidence presented was hearsay. The court held that while hearsay is admissible in probation violation hearings, it cannot be the sole evidence used to establish a willful violation.
• Cote v. State
  Fla. 5th DCA· 2019-08-30
  The appellate court reversed a probation violation finding because the sole evidence presented was hearsay. The court held that while hearsay is admissible in probation violation hearings, it cannot be the only evidence used to prove a willful violation.
• Cote v. State
  Fla. 5th DCA· 2019-08-29
  The court held that hearsay evidence alone cannot establish a willful violation of probation.
• Kosinski v. GGP Inc.
  Del. Ch.· 2019-08-28
  The Delaware Court of Chancery held that the plaintiff stockholder was entitled to inspect GGP's books and records. The court found that the plaintiff's stated purposes for inspection—investigating potential breaches of fiduciary duty, director disinterestedness, and valuing his
• Nieves v. Walmart Stores E., LP
  M.D. Fla.· 2019-08-23
  The court held that the defendant's removal of the case was timely because it was filed within thirty days of receiving the plaintiff's discovery responses, which established the amount in controversy.
• Kotler v. Shipman Assocs., LLC
  Del. Ch.· 2019-08-21
  The appellate court affirmed the trial court's decision, holding that the plaintiff failed to prove the existence of a binding contract by a preponderance of the evidence. Because no valid contract was formed, the plaintiff's claims for breach of contract, declaratory judgment, a
• Mt. Hawley Ins. Co. v. Adams Homes of Nw. Fla., Inc.
  M.D. Fla.· 2019-08-15
  The court held that the amount in controversy exceeds the $75,000 threshold for diversity jurisdiction, denying the motion to dismiss.
• K.R. v. State
  274 So. 3d 1236· Fla. 5th DCA· 2019-06-28
  A trial court commits reversible error when it commits a juvenile to a nonsecure residential program without making the written findings required by section 985.441(2)(d), Florida Statutes, even if the oral reasoning demonstrates the required findings were made.
• Plaintiff
  Del. Super. Ct.· 2019-06-28
  The court entered final judgment for civil penalties and treble damages, finding sufficient evidence supported the jury's verdict and that the trebled amount was not unconstitutional under the Excessive Fines Clauses. The court also determined that the lodestar method is the prop
• Maggy Hurchalla v. Lake Point Phase I, LLC
  278 So. 3d 58· Fla. 4th DCA· 2019-06-19
  The appellate court affirmed a jury's verdict finding Maggy Hurchalla liable for tortious interference with a contract. The court held that Hurchalla's First Amendment and common law privileges were overcome by evidence of actual and express malice, respectively, due to her misre
• Acela Invs. LLC v. Difalco
  Del. Ch.· 2019-05-17
  The Delaware Court of Chancery ordered the judicial dissolution of Inspirion Delivery Sciences, LLC (IDS) because it was not reasonably practicable to carry on the business in conformity with its operating agreement. The court found that the company was deadlocked due to the irre
• In & of New Castle Cnty.
  Del. Fam. Ct.· 2019-05-15
  The Court affirmed the Commissioner's ruling, finding that the evidence supported the convictions for Endangering the Welfare of a Child and Child Abuse in the Third Degree. The Court held that the State met its burden of proof for child abuse by demonstrating intentional inflict
• Smith v. C.A. No. 11255-VCG Promontory Fin. Grp., LLC
  Del. Ch.· 2019-04-30
  The Court held that the proposed Debt/Equity Deal was not consummated, meaning the withdrawing member, Smith, retained his original fifty percent economic interest in the LLC. The Court determined the LLC's business value with Smith at the time of withdrawal was $16.25 million, a
• Antinarelli v. State
  268 So. 3d 1002· Fla. 5th DCA· 2019-04-26
  A trial court may find a probation violation based on conduct for which the defendant was acquitted in a criminal trial because the preponderance of the evidence standard in probation proceedings is lower than the beyond-a-reasonable-doubt standard in criminal cases.
• Rivera v. State
  Fla. 2d DCA· 2019-04-12
  Julian Rivera challenges his aggravated battery conviction, arguing he is entitled to a new immunity hearing under Florida's amended Stand Your Ground law. The trial court previously denied his immunity motion using the preponderance of the evidence standard, but the legislature
• In & for New Castle Cnty.
  Del.· 2019-03-13
  The appellate court affirmed the lower court's decision in favor of the tenant, finding that the landlord failed to meet its burden of proof by a preponderance of the evidence. The court held that strict liability was not applicable in this case for the eviction of a tenant from
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2019-03-06
  The Ninth Judicial Circuit Court denied Thomas Scott West's petition for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' decision upholding the suspension of his driver's license for refusing to submit to a breath, blood, or urine test. The court
• Darden Rests., Inc. v. Singh
  266 So. 3d 228· Fla. 5th DCA· 2019-03-01
  Section 194.301(2)(b) requires that an ad valorem tax assessment be based on competent, substantial evidence in the record that cumulatively meets the criteria of section 193.011 and professionally accepted appraisal practices. When a property appraiser challenges a Value Adjustm
• Rincon v. State
  264 So. 3d 956· Fla. 4th DCA· 2019-02-06
  A probation revocation based on providing false verification of ownership under Florida Statutes § 538.04(4)(a) requires proof that the defendant actually gave a false verification statement, not merely that the defendant was not the owner of pawned property. The court affirmed t
• J----- S------
  Del. Fam. Ct.· 2019-01-10
  The Delaware Family Court granted the petition for guardianship of the child to the maternal grandparents, finding that the child was dependent as to the father and that granting guardianship was in the child's best interest. The court also ordered reunification counseling betwee
• Zayo Grp., LLC v. Latisys Holdings, LLC
  Del. Ch.· 2018-11-26
  The appellate court affirmed the trial court's decision, holding that the seller (Latisys) did not breach the stock purchase agreement (SPA) by failing to disclose that certain customers intended not to renew their contracts. The court found the relevant contractual provision amb
• Oseguera-Avila
  Del. Super. Ct.· 2018-11-02
  The court denied the defendant's motion to suppress evidence of driving under the influence, finding that while the Vertical Gaze Nystagmus (VGN) and One-legged Stand tests were improperly administered or performed, the Horizontal Gaze Nystagmus (HGN) and Walk and Turn tests were
• Kellar v. Est. of John W. Kellar
  257 So. 3d 1044· Fla. 4th DCA· 2018-10-24
  The decedent's son appealed a circuit court order granting the decedent's wife's petition for administration and denying the son's counterpetition, based on findings of undue influence. The appellate court affirmed, holding that the wife presented sufficient evidence to establish
• In the Matter of:
  Del. Super. Ct.· 2018-09-28
  The court denied the Petitioner's Petition for Return of Property, finding that the State established probable cause for the forfeiture of the seized currency and that the Petitioner failed to rebut the presumption of forfeiture by a preponderance of the evidence. The court also
• Toiran v. State
  256 So. 3d 948· Fla. 3d DCA· 2018-09-26
  Rene Toiran sought a writ of prohibition to prevent prosecution for second degree murder based on Florida's Stand Your Ground Law. The Florida Legislature amended the immunity statute between Toiran's motion and hearing, shifting the burden of proof to the prosecution. The court
• Fuller v. State
  Fla. 5th DCA· 2018-09-24
  Fuller is entitled to a new trial because the cumulative effect of multiple evidentiary errors—admission of his refusal to submit to a voluntary blood draw, evidence suggesting sexual battery, prior drug use evidence, and disparaging statements about the prosecutor—deprived him o
• Lenore Maio v. Clarke
  255 So. 3d 369· Fla. 4th DCA· 2018-09-12
  # LEGAL BRIEF **Maio v. Clarke**, 4D17-2305 (Fla. Dist. Ct. App. 4th Dist. Sept. 12, 2018): In a same-sex divorce proceeding, the court affirmed the trial court's rejection of the appellant's claim that an oral premarital cohabitation agreement existed whereby the parties agreed
• Trascent Mgmt. Consulting, LLC v. Bouri
  Del. Ch.· 2018-09-10
  The court held that the defendant fraudulently induced the formation of the limited liability company and his employment agreement by making false representations about his departure from Time Warner and his personal wealth. Consequently, the court rescinded the employment agreem
• Sexton v. State
  254 So. 3d 1096· Fla. 3d DCA· 2018-08-29
  A trial court does not abuse its discretion by applying the Stand Your Ground law in effect at the time of the conduct rather than a retroactively amended version, where bound by controlling appellate precedent.
• Dalton Canup Downs v. DHSMV
  9th Cir. Ct. App. Div.· 2018-08-21
  Dalton Canup Downs sought certiorari review of the Department of Highway Safety and Motor Vehicles' decision to sustain his driver license suspension for driving with an unlawful blood-alcohol level. The court found the hearing officer erred in refusing to admit an arrest report
• Case No. 1706021180 v. State of Del.
  Del. Super. Ct.· 2018-08-07
  The court held that the defendant validly waived his Miranda rights, both expressly and impliedly, through his conduct and statements. However, after the defendant's second ambiguous invocation of his right to remain silent, the interrogating detective failed to seek clarificatio
• A.G. v. Dept. of Children and Families
  Fla. 3d DCA· 2018-08-01
  A trial court's order changing a dependency case plan goal from reunification to adoption must be supported by a preponderance of the evidence and the affected parent must receive notice that such a change will be considered.
• A.M. v. Dept. of Children and Families
  252 So. 3d 797· Fla. 3d DCA· 2018-08-01
  A trial court's order changing a case plan goal from reunification to adoption without evidentiary support and without notice to the parent constitutes a departure from the essential requirements of law warranting certiorari relief.
• A.G. v. Dep't OF Child. & Families & Guardian ad Litem Program
  252 So. 3d 795· Fla. 3d DCA· 2018-08-01
  A father petitioned for certiorari review of a trial court order that denied a reunification goal and changed the case plan from reunification to adoption in a dependency case. The appellate court granted the petition, finding the trial court violated essential requirements of la
• CSH Theatres, L.L.C. v. Nederlander OF SAN Francisco Assocs.
  Del. Ch.· 2018-07-31
  The court held that there was no enforceable promise to lease the Curran Theatre to the company, as the parties' recollections of the conversation were irreconcilable and lacked clear evidence of mutual assent on essential terms. However, the court found that the owners of the Cu
• Buschor v. Buschor
  Fla. 5th DCA· 2018-07-30
  The trial court's modification of timesharing and change of primary residence must be reversed because Former Husband's pleadings requested only equal timesharing, and awarding him seventy percent timesharing without notice to Former Wife violated her due process rights. The tria
• Am. Hernandez v. State
  251 So. 3d 1012· Fla. 5th DCA· 2018-07-20
  America Hernandez appeals the revocation of her community control for arson conviction based on alleged violations of two conditions. The Florida District Court of Appeal, Fifth District, affirmed the finding of a violation of condition 9 (failure to comply with officer instructi
• IN & FOR NEW Castle Cnty. Mack Cochran v. Mathis
  Del. C.P.· 2018-06-18
  The Court found in favor of the Appellant, holding that the Appellee breached the contract for roofing services by failing to perform in a skillful and workmanlike manner, which resulted in water damage to the property. The Court awarded the Appellant expectation damages to compe