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

• State v. Hollinger
  Fla. 5th DCA· 2018-06-11
  A downward departure sentence based on unsophistication and isolation is not supported by substantial, competent evidence where the defendant repeatedly and deliberately obtained fraudulent check signatures over several months and made some effort to conceal her actions. Multiple
• C.H. v. Dept. of Children and Families
  246 So. 3d 556· Fla. 3d DCA· 2018-05-30
  A caregiver is not necessarily inappropriate solely because of a prior DCF history, and a gun discharge in a child's presence does not by itself establish that the child was left with an inappropriate caregiver or at substantial risk of imminent harm without additional supporting
• Bailey v. State
  246 So. 3d 555· Fla. 3d DCA· 2018-05-23
  The June 9, 2017 amendment to section 776.032(4) shifting the burden of proof to the State in Stand Your Ground immunity cases does not apply retroactively to crimes committed before the amendment's effective date.
• Wade v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  15th Cir. Ct. App. Div.· 2018-05-14
  Wade challenges a DHSMV order suspending his driver's license for driving with an unlawful breath alcohol level. The court granted his petition for writ of certiorari, finding that law enforcement officers did not observe all elements necessary to establish probable cause for a l
• Reid v. Vincenzo Davide Siniscalchi
  Del. Ch.· 2018-01-30
  The Delaware Court of Chancery granted summary judgment in favor of the defendants, finding that it lacked personal jurisdiction over the defendant Finmeccanica, S.p.A. (FIN). The court determined that the plaintiff's "conspiracy theory" of personal jurisdiction, which was the so
• In & for New Castle Cnty. the Movement Workshop, Inc.
  Del. C.P.· 2018-01-22
  The Court found the Tenant responsible for replacing the broken window glass, and the Landlord responsible for replacing the inoperable heater. The Court also ordered pre- and post-judgment interest at the legal rate, not the contractual rate, due to the specific circumstances of
• IN & FOR NEW Castle Cnty. Kathryn Leep v. Cliff Werline
  Del. C.P.· 2018-01-03
  The Court held that the Appellee breached the contract by failing to complete the Seller's Disclosure in accordance with the implied covenant of good faith and fair dealing. Damages were awarded to the Appellant.
• State v. Chavers
  230 So. 3d 35· Fla. 4th DCA· 2017-11-15
  The State appealed a trial court's grant of immunity and dismissal of a second-degree murder charge against Chavers under Florida's Stand Your Ground law. The appellate court reversed and remanded because the trial court failed to make necessary factual findings regarding whether
• Ralph R. Grant and Mary
  Del.· 2017-11-07
  The Delaware Supreme Court reversed the Family Court's award of supervised, therapeutic visitation to the grandparents. The Court held that the grandparents failed to meet their statutory burden of proving that the parents' objections to visitation were unreasonable by clear and
• In
  Del. C.P.· 2017-09-05
  The court held that the defendant materially breached the contract by failing to settle on the property. The court found no evidence that the plaintiffs intentionally misled the defendant regarding the property's bathrooms or that the defendant's reliance on any alleged misrepres
• Eagle Force Holdings, LLC
  Del. Ch.· 2017-09-01
  The Court held that the transaction documents did not constitute an enforceable contract because the parties failed to agree on essential terms, including the precise scope of consideration to be exchanged and the treatment of employee equity rights. Consequently, the Court lacke
• McKENNA
  Del. Ch.· 2017-07-31
  The Delaware Court of Chancery held that the plaintiffs, the McKennas, were barred from equitable relief due to the "unclean hands" doctrine, as they made material misrepresentations about their experience and qualifications to induce the formation of the business entities. Furth
• A-------B---- (herein "Mother" and T----- B----
  Del. Fam. Ct.· 2017-06-30
  The Family Court granted the maternal grandparents' petition for third-party visitation, finding that it was in the child's best interest. The court determined that the father's objections to the proposed visitation schedule were unreasonable and that the visitation would not sub
• State v. I.D.
  219 So. 3d 249· Fla. 1st DCA· 2017-05-19
  The State appealed a juvenile disposition claiming the trial court deviated from the Department of Juvenile Justice's recommendation without providing required reasons. The appellate court affirmed, holding that because the Department's recommendation was conditional—approving ei
• ID No. 1508010489 v. State of Del.
  Del. Super. Ct.· 2017-05-08
  The court denied the defendant's motions to suppress DNA evidence and incriminating statements. The court found the search warrant for DNA was supported by probable cause, the Miranda warnings were valid and knowingly waived, the delay in re-Mirandizing did not violate rights, a
• Johnson v. State
  207 So. 3d 1030· Fla. 1st DCA· 2017-01-17
• Diamond Joneal Allen v. State
  211 So. 3d 55· Fla. 4th DCA· 2017-01-04
  Diamond Allen appeals revocation of his probation based on four alleged violations. The court affirmed the revocation despite finding insufficient evidence for two of the violations (changing residence and resisting arrest with violence against a police dog), because competent su
• Naime v. Jacinto T. Corzo, III
  208 So. 3d 296· Fla. 3d DCA· 2016-12-21
  Kristy Naime appealed the trial court's denial of her petition to relocate with her minor child from Miami-Dade County to Port St. Lucie. The appellate court affirmed the denial of the relocation petition but reversed and remanded to strike an impermissible prospective geographic
• Merion Cap. L.P. v. Lender Processing Servs., Inc.
  Del. Ch.· 2016-12-16
  The court affirmed a trial court's denial of foreclosure in a commercial foreclosure action, finding that while the borrower technically breached the loan agreement by failing to provide financial disclosures and pay property taxes, these breaches were not material enough to warr
• Moore v. Florida Dept. of Highway Safety and Motor Vehicles
  9th Cir. Ct. App. Div.· 2016-12-07
  Moore petitioned for certiorari review of her driver's license suspension for refusing to submit to a breath test. The appellate court upheld the suspension, finding competent substantial evidence that Moore was driving or in actual physical control of a vehicle while under the i
• IN & FOR NEW Castle Cnty. Camal Terry v. Robin Drive Auto
  Del. C.P.· 2016-12-07
  The Court held that the contract was void ab initio due to material ambiguities in its terms, specifically regarding the duration of the layaway and the application of payments. Consequently, the Court found that the defendant was unjustly enriched by the payments received from t
• F.C. v. State
  205 So. 3d 831· Fla. 2d DCA· 2016-11-18
  F.C., a twelve-year-old, was stopped by police while playing in his mobile home park and consented to a search that revealed marijuana. The trial court denied his motion to suppress despite acknowledging the search was arbitrary and problematic, claiming no case law supported sup
• R----- H---- (Mr. S-------'s employer
  Del. Fam. Ct.· 2016-11-09
  The Family Court denied the Petition for Third-Party Visitation, finding that the petitioner failed to prove that visitation was in the child's best interest, that the mother's objection was unreasonable, or that visitation would not substantially interfere with the mother-child
• M.C. v. The Dep't OF Child. & Families
  206 So. 3d 798· Fla. 3d DCA· 2016-11-09
  In this child neglect case on remand, the Florida Third District Court of Appeal affirmed the trial court's adjudication that the mother's child E.C. was dependent due to neglect, but reversed the adjudication as to the mother's other child G.C., finding insufficient evidence to
• IN & FOR NEW Castle Cnty. Thomas McNair v. Automart, LLC
  Del. C.P.· 2016-11-02
  The appellate court affirmed the lower court's finding that Automart breached its contract by performing unauthorized repairs and wrongfully converted the vehicle. The court also found Automart violated the Auto Repair Fraud Prevention Act by failing to provide estimates, chargin
• Grand Acquisition, LLC v. Passco Indian Springs DST
  Del. Ch.· 2016-08-26
  The Court of Chancery granted the beneficial owner's motion for summary judgment and denied the trust's motion, holding that the beneficial owner was entitled to inspect the trust's books and records under the trust agreement's contractual provision. The court found that the cont
• MRPC Christiana LLC
  Del. Super. Ct.· 2016-07-22
  The trial court did not err in finding that Crown Bank did not materially breach the construction loan agreement or the implied covenant of good faith and fair dealing. While Crown committed several non-material breaches, such as delays in funding draw requests and improper handl
• Walker v. C.A. No. 9667-VCG Charles L. Williams
  Del. Ch.· 2016-06-23
  The court denied the plaintiffs' claim for nuisance-based relief, finding that the defendant's use of his property for his auto repair hobby did not constitute an unreasonable invasion of his neighbors' property rights given the semi-rural, mixed-use character of the neighborhood
• IN & FOR Sussex Cnty. Denise Duncan v. JBS Constr., LLC
  Del. C.P.· 2016-03-31
  The Court held that no express warranty existed because it lacked consideration. The Court also found that the Plaintiff failed to prove the Defendant was negligent or breached the implied warranty of good quality and workmanship, except for issues related to the well installatio
• Rossi v. State of Del.
  Del.· 2016-03-24
  The Delaware Supreme Court reversed the Superior Court's revocation of Phillip Rossi's probation. The Court held that while the State's burden of proof in a probation violation hearing is lower than in a criminal trial and hearsay is generally admissible, there must be some compe
• McDonald v. DHSMV
  9th Cir. Ct. App. Div.· 2016-01-04
  McDonald sought certiorari review of the Department of Highway Safety and Motor Vehicles' decision upholding the suspension of his driver's license for driving with an unlawful blood-alcohol level. The Ninth Judicial Circuit Court upheld the administrative decision, finding compe
• Revolution Retail Sys., LLC
  Del. Ch.· 2015-10-30
  The Delaware Court of Chancery held that Tidel breached an enforceable non-competition provision in the Securities Purchase Agreement by developing and marketing the R50 cash management system with specifications and pricing above the agreed-upon threshold during the restricted p
• Martin
  Del. Ch.· 2015-10-27
  The Court held that the plaintiff's unconditional written resignation was invalid because it was obtained through material misrepresentations by the company's counsel, who failed to disclose that the board intended to vet potential new directors and had requested the removal of t
• In & for New Castle Cnty. Eileen Masterson-Carr v. C.A. No. N12C-11-107 MJB Anesthesia Servs., P.A.
  Del. Super. Ct.· 2015-08-28
  The appellate court affirmed the trial court's decision, holding that the plaintiff failed to establish her claims for constructive discharge, tortious interference with contract, and defamation. The court found that the plaintiff's constructive discharge claim was not barred by
• Scenic Health Alliance, Inc. v. State Farm Mut. Auto. Ins.
  S.D. Fla.· 2015-08-24
  The court held that the defendant failed to establish by a preponderance of the evidence that the amount in controversy exceeded the $5 million threshold for federal jurisdiction under the Class Action Fairness Act.
• Moore v. State
  174 So. 3d 497· Fla. 4th DCA· 2015-08-19
• R.R.R. v. State
  173 So. 3d 1084· Fla. 2d DCA· 2015-08-14
  In this juvenile delinquency appeal, the Florida District Court of Appeal affirmed R.R.R.'s adjudication as delinquent for aggravated assault but reversed the commitment level determination, holding that the trial court failed to properly apply the two-pronged disposition process
• In & for Sussex Cnty. Richard B. Carey & Carey's Home Constr., LLC v. C.A. No. S11C-10-029 MJB THE Est. OF David L. Myers
  Del. Super. Ct.· 2015-07-01
  The court found that both parties breached the contract. The contractor materially breached by abandoning the job, while the clients breached by failing to pay the final draw and agreed-upon extras. The court offset the damages awarded to each party and entered judgment for the c
• Base Optics Inc.
  Del. Ch.· 2015-05-29
  The Court held that the Amended Agreement was a valid and enforceable contract, rejecting the defendants' argument of mutual mistake. The court found that the defendants breached the Amended Agreement by soliciting and transacting business with customers that the agreement grante
• In re EL Paso Pipeline P'rs
  Del. Ch.· 2015-04-20
  The Delaware Court of Chancery found that the General Partner breached the Limited Partnership Agreement by causing El Paso MLP to engage in the Fall Dropdown transaction. The court determined that the Conflicts Committee members failed to form a subjective belief that the transa
• Gillinov v. Hillstone Rest. Grp., Inc.
  S.D. Fla.· 2015-03-20
  The court held that a pre-suit demand letter, along with post-removal admissions, can establish the amount in controversy requirement for diversity jurisdiction, even if plaintiffs later attempt to limit the damages.
• Conley v. DHSMV
  9th Cir. Ct. App. Div.· 2015-03-07
  Conley challenges a Department of Highway Safety and Motor Vehicles order sustaining her driver's license suspension following a DUI arrest. The appellate court upholds the suspension, finding competent substantial evidence supports both the lawfulness of the traffic stop within
• Hildi Wanda Schenck v. DHSMV
  9th Cir. Ct. App. Div.· 2015-01-02
  Hildi Wanda Schenck challenged the Florida Department of Highway Safety and Motor Vehicles' suspension of her driver's license for refusing to submit to a breath test following a DUI arrest. The court upheld the suspension, finding that the officer had reasonable suspicion to sto
• Clark v. R & L Carriers & Gallagher Bassett Servs.
  151 So. 3d 1291· Fla. 1st DCA· 2014-12-23
• Andrews v. Est. OF Mable Louise Andrews
  149 So. 3d 760· Fla. 5th DCA· 2014-11-07
  Tommie Lee Andrews appealed the trial court's denial of his petition to declare his missing sister, Mable Louise Andrews, deceased after nearly 39 years of continuous absence. The Florida appellate court reversed, holding that Andrews was entitled to an evidentiary hearing becaus
• MacWhinnie v. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2014-11-04
  Joshua MacWhinnie petitioned for certiorari review of the Department of Highway Safety and Motor Vehicles' decision to suspend his driver's license for refusing to submit to a breath test. The court denied the petition, holding that license suspension under Florida Statute 322.26
• DHSMV v. Luttrell
  9th Cir. Ct. App. Div.· 2014-10-07
  The Ninth Judicial Circuit Court affirmed the Department of Highway Safety and Motor Vehicles' suspension of Luttrell's driver's license following a DUI arrest. The court held that the absence of the arresting officer Deputy Danjou from the administrative hearing did not warrant
• Alexander v. State
  9th Cir. Ct. App. Div.· 2014-10-03
  Marco Antonio Romero appealed his jury convictions for battery and resisting an officer without violence. The appellate court reversed the battery conviction on two grounds: the trial court improperly restricted cross-examination regarding witness bias and motive, and the trial c
• Mitchell Lane Publishers, Inc. v. Rasemas
  Del. Ch.· 2014-09-30
  The Court denied the plaintiff's motion for a preliminary injunction, finding that the plaintiff failed to establish a reasonable probability of success on the merits for its trade secret and deceptive practices claims, and that the potential harm to the plaintiff was speculative
• Lawhorn v. State
  145 So. 3d 987· Fla. 1st DCA· 2014-09-02
  Randolph Lawhorn challenges the revocation of his community control after being found in violation of a condition prohibiting absence from his approved residence without prior approval. The appellate court reversed because the record contained no evidence of a willful violation a