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

• Kelly v. DHSMV
  9th Cir. Ct. App. Div.· 2014-09-02
  William Kelly sought certiorari review of the Department of Highway Safety and Motor Vehicles' decision to sustain the suspension of his driver's license for refusing a breath-alcohol test. The court upheld the suspension, finding competent substantial evidence supported the lawf
• DHSMV v. Luttrell
  9th Cir. Ct. App. Div.· 2014-08-08
  The Ninth Judicial Circuit Court denied a petition for writ of certiorari challenging the Department of Highway Safety and Motor Vehicles' suspension of Luttrell's driver's license following a DUI arrest. The court upheld the suspension, finding sufficient evidence of probable ca
• IN & FOR Sussex Cnty. Joseph Tauber v. Rodriguez
  Del. C.P.· 2014-08-08
  The court held that Defendant Virginia Rodriguez committed fraud by concealing her alteration of the property deed to exclude the plaintiff's interest, despite using the plaintiff's funds for the purchase. The court awarded the plaintiff out-of-pocket damages, reduced by rental i
• In the Interest of A.W.J. v. Dep't of Child. & Families
  143 So. 3d 1109· Fla. 2d DCA· 2014-08-01
  Father N.J. appealed a dependency adjudication for his son A.W.J. based on an alleged head injury from abuse. The court reversed, finding the state failed to meet its burden of proving abuse by preponderance of the evidence because the only expert witness testifying to abuse (Dr.
• Almeida v. State
  143 So. 3d 472· Fla. 5th DCA· 2014-07-25
  The court held that the restitution order was unsupported by substantial competent evidence and must be reversed.
• RLI Live OAK, LLC v. S. Fla. Water Mgmt. Dist.
  141 So. 3d 1276· Fla. 5th DCA· 2014-07-18
• Seybold v. DHSMV
  9th Cir. Ct. App. Div.· 2014-06-30
  Zachary Seybold sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining suspension of his driver's license for driving with an unlawful breath-alcohol level. The Ninth Judicial Circuit Court denied his petition, finding that the hea
• IN & FOR NEW Castle Cnty. Samuel Elliott v. C.A. No. N13A-08-008 DCS
  Del. Super. Ct.· 2014-06-30
  The Board's decision to deny compensation for permanent brain and balance impairments and to terminate total disability benefits is affirmed. The Board applied the correct legal standard, made appropriate credibility findings regarding expert and non-expert testimony, and its fac
• H.C. v. Dep't OF Child. & Fam. Servs. & Guardian ad Litem Program
  141 So. 3d 243· Fla. 3d DCA· 2014-06-25
  A Florida appellate court reversed a trial court's adjudication of dependency based on abuse, finding insufficient evidence that the father caused or allowed injuries to his 11-month-old daughter. Although the child had bruises and a loop mark consistent with being hit with an in
• In & for Kent Cnty. Eugenia Thorton
  Del. Super. Ct.· 2014-06-05
  The court affirmed the default judgment and awarded damages after an inquisition hearing, but significantly reduced the plaintiffs' claimed expenses due to lack of corroboration and relevance. The court awarded $3,881.59 for Cymbalta expenses and $8,185.98 for mental health couns
• Sapienza v. DHSMV
  9th Cir. Ct. App. Div.· 2014-06-02
  Michael Sapienza challenged the Department of Highway Safety and Motor Vehicles' administrative suspension of his driver's license for underage driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court affirmed the suspension, holding that the hearing office
• Deluce v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  15th Cir. Ct. App. Div.· 2014-06-01
  In this administrative appeal, the court addressed whether a driver's license suspension for refusing a breath test was lawful when the underlying arrest lacked proper legal basis. The court held that the arrest was unlawful because the officer did not witness the driver in actua
• Orange Cnty. v. Ortiz
  9th Cir. Ct. App. Div.· 2014-05-20
  Orange County appealed a trial court's decision to release a dog named Rocky despite a notice of intent to destroy the animal following a severe dog bite attack. The appellate court reversed, holding that the trial court misinterpreted the statutory definition of 'severe injury'
• IN & FOR NEW Castle Cnty. John R. Simon v. C.A. No. N13A-07-001 DCS Croda, Inc.
  Del. Super. Ct.· 2014-05-05
  The Industrial Accident Board's decision denying workers' compensation for the claimant's left shoulder injuries is affirmed. The claimant failed to meet the burden of proving by a preponderance of the evidence that the cartilage damage and impingement in his left shoulder were c
• Ellis v. DHSMV
  9th Cir. Ct. App. Div.· 2014-05-02
  Stanley Ellis petitioned for certiorari review of a Department of Highway Safety and Motor Vehicles decision to suspend his driver's license after he allegedly refused to submit to a breath test following a DUI stop. The Ninth Judicial Circuit Court affirmed the suspension, findi
• In the Interest of A.P. and J.P., Jr. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program
  135 So. 3d 541· Fla. 2d DCA· 2014-04-09
  Father appealed from a trial court's order finding his two minor children dependent based on neglect after an unsecured gun was found in the home during his arrest. The Florida appellate court reversed, holding that the evidence failed to establish a continuing substantial risk o
• Winters v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2014-04-03
  This certiorari petition challenges the suspension of James Winters' driver's license following a DUI arrest based on claims that the arrest affidavit contained copied passages from another officer's prior DUI case. The court affirmed the suspension, finding the hearing officer p
• Lopez v. Andie's, Inc.
  137 So. 3d 528· Fla. 4th DCA· 2014-04-02
  The court held that an arbitration agreement is void as contrary to public policy if its terms substantially diminish a resident's statutory rights under the Assisted Living Facilities Act.
• Rigby v. DHSMV
  9th Cir. Ct. App. Div.· 2014-03-09
  Barry Rigby sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order suspending his driver's license for driving with a breath-alcohol level of 0.178 and 0.169 (exceeding the 0.08 limit). The court held that hearing officers must review the law
• Fatine Lamnaouer v. DHSMV
  9th Cir. Ct. App. Div.· 2014-03-02
  Fatine Lamnaouer challenged the suspension of her driver's license following a positive blood alcohol test after a DUI investigation. The Ninth Judicial Circuit Court upheld the administrative suspension, finding competent substantial evidence supported the findings and no depart
• In & for New Castle Cnty.
  Del. Super. Ct.· 2014-02-28
  The appellate court affirmed the trial court's decision to suppress evidence obtained from a DUI sobriety checkpoint. The court held that the State failed to meet its burden of proof in demonstrating that the checkpoint was properly established pursuant to a neutral plan that lim
• Owens v. DHSMV
  9th Cir. Ct. App. Div.· 2014-02-07
  Horace Owens sought certiorari review of the Department of Highway Safety and Motor Vehicles' suspension of his driver's license for refusing to submit to a breath test following a DUI investigation. The Ninth Judicial Circuit Court affirmed the administrative suspension, finding
• Smith v. DHSMV
  9th Cir. Ct. App. Div.· 2014-02-04
  Adam Smith sought certiorari review of Florida Department of Highway Safety and Motor Vehicles' final order sustaining his driver's license suspension. The court affirmed the suspension, finding that the initial traffic stop was justified by Smith's erratic driving pattern, inclu
• Ouellette v. DHSMV
  9th Cir. Ct. App. Div.· 2014-01-08
  Thomas Ouellette petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' final order suspending his driver's license for refusing a breath test after a DUI investigation. The appellate court affirmed the suspension, finding that the hearin
• Oliveri v. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2014-01-03
  Christopher Oliveri petitioned for a writ of certiorari to challenge an administrative suspension of his driver's license for driving with an unlawful breath alcohol level of 0.149. The court affirmed the Department of Highway Safety and Motor Vehicles' suspension, finding that p
• Meade v. DHSMV
  9th Cir. Ct. App. Div.· 2014-01-01
  Mary Louise Meade petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' order suspending her driver's license for refusing a breath test after a DUI arrest. The Ninth Judicial Circuit Court affirmed the suspension, finding that the traff
• J.W.A. v. State
  128 So. 3d 912· Fla. 1st DCA· 2013-12-20
• IN & FOR NEW Castle Cnty. Alan J. Williams v. C.A. N13A-04-010 PRW Auto Zone
  Del. Super. Ct.· 2013-12-16
  The Industrial Accident Board's decision denying the claimant's petition for workers' compensation benefits is affirmed. The Board's finding that the claimant failed to prove a work-related injury was supported by substantial evidence, and the Board did not abuse its discretion i
• IN & FOR NEW Castle Cnty. LAW Offs. OF Gary R. Dodge, P.A. v. C.A. No. CPU5-13-000427 Shawn Russum
  Del. C.P.· 2013-12-13
  The appellate court affirmed the trial court's judgment in favor of the law firm, finding that the client breached his contract by failing to pay outstanding legal fees. The court also denied the client's counterclaims, concluding that the scope of representation was limited as a
• Alumni Cruises, LLC v. Carnival Corp.
  845 F. Supp. 2d 1361· S.D. Fla.· 2013-12-12
  The court held that the plaintiff organization has associational standing to bring an ADA claim and that the case is not moot, denying summary judgment on the issue of standing and mootness.
• Richardson v. DHSMV
  9th Cir. Ct. App. Div.· 2013-12-10
  Richardson petitioned for certiorari review of an administrative license suspension for driving with an unlawful breath alcohol level under age 21. The appellate court upheld the suspension, finding the Department substantially complied with statutory requirements and presented c
• Milunski v. DHSMV
  9th Cir. Ct. App. Div.· 2013-12-09
  Milunski challenges the administrative suspension of his driver's license for driving with an unlawful breath alcohol level, arguing the breath test results were improperly admitted under Daubert and that he was denied due process. The court affirms the suspension, holding that t
• Reis v. DHSMV
  9th Cir. Ct. App. Div.· 2013-12-07
  Richard Reis sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' decision to suspend his driver's license for driving with an unlawful breath-alcohol level of 0.188-0.190. The appellate court denied his petition, finding sufficient evidence of
• Castro v. DHSMV
  9th Cir. Ct. App. Div.· 2013-12-06
  Castro seeks certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining his driver license suspension for driving with an unlawful breath alcohol level. The court denies the petition, finding no violation of due process and sufficient compete
• Dina Chun v. DHSMV
  9th Cir. Ct. App. Div.· 2013-12-03
  Dina Chun challenged the Department of Highway Safety and Motor Vehicles' suspension of her driver's license for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court upheld the suspension, rejecting Chun's arguments that the initial traffic stop was an
• Do Rests., Inc. v. Aspen Specialty Ins.
  1992 WL 177387· S.D. Fla.· 2013-11-26
  The court held that the defendant sufficiently demonstrated the amount in controversy exceeded $75,000, but failed to adequately allege complete diversity, thus denying the motion to remand while requiring an amended notice of removal.
• Bond v. DHSMV
  9th Cir. Ct. App. Div.· 2013-11-05
  Frederick Bond petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for refusing to submit to a breath test. The Ninth Judicial Circuit Court, Appellate Division, affirmed the suspension, finding that
• Woolwine v. DHSMV
  9th Cir. Ct. App. Div.· 2013-10-25
  Catherine Woolwine challenged the Florida Department of Highway Safety and Motor Vehicles' suspension of her driver license under the zero-tolerance law for drivers under 21. The Ninth Judicial Circuit Court denied her petition for certiorari, upholding the suspension because com
• Smith v. DHSMV
  9th Cir. Ct. App. Div.· 2013-10-14
  John Smith sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' decision to suspend his driver's license following his refusal to submit to a breath test after a single-vehicle crash. The Ninth Judicial Circuit Court affirmed the suspension, fi
• Mistie Fetzer v. Evans
  123 So. 3d 124· Fla. 5th DCA· 2013-10-11
  Former Wife appeals the trial court's denial of her petition to relocate with the child to Indiana. The court affirmed, finding that Former Wife failed to prove relocation was in the child's best interest and demonstrated a pattern of disregarding court orders and interfering wit
• Villwock v. State
  122 So. 3d 933· Fla. 2d DCA· 2013-10-04
  Appellate court affirmed probation revocation based on willful violations for failing to report and changing residence without consent, but remanded to strike the unproven new offense of failing to register as a sex offender in Michigan and correct the order to reflect that viola
• Albritton v. Geovera Specialty Ins. Servs. Inc.
  78 F. Supp. 241· M.D. Fla.· 2013-08-16
  The court held that the defendant's removal of the case was untimely because sufficient information to establish the amount in controversy was provided more than thirty days prior to removal.
• Drainer v. Heating Oil P'rs
  Del. Super. Ct.· 2013-06-27
  The Court affirmed the Industrial Accident Board's decision, finding that substantial evidence supported its conclusion that the claimant failed to prove his work accident legally caused his current condition. The Court also affirmed the Board's denial of the claimant's motion fo
• United States v. Luis
  120 Oil & Gas Rep. 56· S.D. Fla.· 2013-06-21
  The court granted the government's motion for a preliminary injunction to restrain assets and denied the defendant's motion to modify the restraining order.
• Hardy v. Eastern Quality Vending
  Del. Super. Ct.· 2013-06-12
  The Industrial Accident Board's decision denying claimant benefits is affirmed because the claimant failed to meet his burden of proving a work-related accident occurred on the alleged date. The appellate court found substantial evidence supported the Board's factual finding that
• Marsar v. Smith & Nephew, Inc.
  77 F. Supp. 822· M.D. Fla.· 2013-05-30
  The court held that the defendant met their burden of proving the requisite amount in controversy for diversity jurisdiction, and thus, removal was proper.
• Simmons v. DHSMV
  9th Cir. Ct. App. Div.· 2013-04-04
  John Simmons sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining his driver's license suspension for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court granted the petition and quashed the suspension
• Allen v. DHSMV
  9th Cir. Ct. App. Div.· 2013-04-03
  William Allen challenged the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for refusing a breath test. The appellate court denied his petition for certiorari, finding the administrative hearing officer properly sustained the suspensio
• Robinson v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2013-03-06
  Deborah Robinson petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' final order suspending her driver's license for refusing to submit to a breath test following a traffic stop. The Ninth Judicial Circuit Court denied her petition, ho
• IN & FOR NEW Castle Cnty. Nina Harasika v. C.A. No. N12A-04-007 WCC
  Del. Super. Ct.· 2013-02-28
  The Industrial Accident Board's (IAB) decision denying additional compensation for alleged ongoing injuries was supported by substantial evidence and free of legal error. The claimant failed to prove a causal connection between the work accident and her claimed cervical spine, sh