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

• Schueller v. Cordrey
  Del. Super. Ct.· 2013-02-19
  The court found in favor of the defendants on all claims, holding that the plaintiff failed to meet his burden of proof for battery, gross negligence, and intentional infliction of emotional distress. The court determined that while Cpl. Cordrey committed intentional contact, he
• Waldman v. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2013-02-07
  Waldman sought certiorari review of the Department of Highway Safety and Motor Vehicles' decision to sustain the suspension of her driver's license for driving with an unlawful breath alcohol level (0.162 and 0.161). The court affirmed the suspension, holding that the traffic sto
• Perez v. DHSMV
  9th Cir. Ct. App. Div.· 2013-02-06
  Perez sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order suspending his driver's license for driving with an unlawful breath alcohol level. The court affirmed the administrative suspension, rejecting Perez's challenges to the breath test
• Couchman v. Univ. of Cent. Fla.
  9th Cir. Ct. App. Div.· 2013-02-04
  Paul Couchman, a UCF student, challenged his disciplinary suspension for changing his grades in Vertebrate Histology, claiming denial of due process and lack of competent substantial evidence. The circuit court upheld UCF's disciplinary decision, finding procedural due process wa
• White v. DHSMV
  9th Cir. Ct. App. Div.· 2013-02-01
  Mark White petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' license suspension for refusing a breath test. The court affirmed the suspension, finding competent substantial evidence that White was driving under the influence when his
• AMENDED & CORRECTED NOVEMBER 20
  Del. C.P.· 2012-11-14
  The court held that PBSI's breach of contract claim was not time-barred by the statute of limitations. The court further found that Bruny's breached the contract by failing to pay PBSI for services rendered, and PBSI did not commit a material or minor breach excusing Bruny's perf
• Harinath Sheela v. DHSMV
  9th Cir. Ct. App. Div.· 2012-11-06
  Petitioner Sheela sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining the suspension of his driver's license for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court affirmed the suspension, finding th
• Ramirez v. DHSMV
  9th Cir. Ct. App. Div.· 2012-11-06
  In this certiorari review of an administrative driver's license suspension for driving with an unlawful breath alcohol level (0.138), the Ninth Judicial Circuit Court affirmed the Department of Highway Safety and Motor Vehicles' suspension order, rejecting Ramirez's challenges to
• Wang v. DHSMV
  9th Cir. Ct. App. Div.· 2012-11-06
  Wei Wang sought certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining the suspension of his driver's license following a DUI arrest with breath alcohol results of 0.205 and 0.200. The appellate court denied his petition, finding no depri
• Stephens v. DHSMV
  9th Cir. Ct. App. Div.· 2012-11-02
  Kirk Stephens appealed the Department of Highway Safety and Motor Vehicles' administrative suspension of his driver's license for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court, Appellate Division, denied his petition for certiorari review, uphold
• Wichrowski v. DHSMV
  9th Cir. Ct. App. Div.· 2012-10-16
  Victor Wichrowski appealed the Department of Highway Safety and Motor Vehicles' suspension of his driver's license for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court denied his petition for writ of certiorari, upholding the suspension and finding
• Morgan v. DHSMV
  9th Cir. Ct. App. Div.· 2012-10-03
  Jonathan Morgan petitioned for certiorari review of an administrative license suspension imposed for refusing a blood test following a traffic crash. The court upheld the suspension, finding the trooper had reasonable cause to believe Morgan was driving under the influence and wa
• Noel-Liszkiewicz v. La-Z-Boy, Inc.
  Del. Super. Ct.· 2012-10-03
  The Industrial Accident Board's decision denying the employee's petition for compensation for an occupational disease is affirmed. The Board properly applied the preponderance of the evidence standard, had discretion to weigh expert testimony, and was not prejudiced by alleged di
• Amar Patel v. DHSMV
  9th Cir. Ct. App. Div.· 2012-10-02
  Amar Patel sought certiorari review of the Department of Highway Safety and Motor Vehicles' order sustaining his driver's license suspension for driving with an unlawful breath alcohol level (0.188 and 0.194). The Ninth Judicial Circuit Court affirmed the suspension, rejecting Pa
• Delgado v. DHSMV
  9th Cir. Ct. App. Div.· 2012-10-01
  Patricia Delgado appealed the suspension of her driver's license for driving with an unlawful breath alcohol level. The Ninth Judicial Circuit Court upheld the suspension, finding that the DUI checkpoint was validly conducted, the traffic stop was lawful, and the breath test resu
• Burrell v. DHSMV
  9th Cir. Ct. App. Div.· 2012-09-05
  James Christopher Burrell sought certiorari review of a driver's license suspension imposed by the Florida Department of Highway Safety and Motor Vehicles for refusing to submit to a breath test. The court granted the petition and quashed the suspension order, finding that the he
• IMO the Estate of Zigfrids B. Blums
  Del. Ch.· 2012-08-23
  The Court affirmed the Master's recommendation to admit an affidavit concerning family history under a hearsay exception, finding it sufficiently trustworthy despite potential bias. The Court also held that the evidence presented established by a preponderance of the evidence tha
• The Honorable Jeffrey H. Atwater Chief Fin. Officer & State of Fla. Dep't of Fin. Servs. v. Fed. Nat'l Mortg. Ass'n
  96 So. 3d 1009· Fla. 3d DCA· 2012-08-15
  The Florida Chief Financial Officer sought a writ of prohibition to prevent a circuit court from enforcing orders requiring disbursement of unclaimed property funds held by the Department of Financial Services. The court granted the petition, holding that the circuit court lacked
• James v. State
  98 So. 3d 618· Fla. 2d DCA· 2012-08-10
  Travis Rodriguez James appealed the revocation of his probation, arguing the State failed to prove he was properly advised of his probationary conditions. The Florida District Court of Appeal reversed the revocation, finding the State presented insufficient evidence of willfulnes
• Morefield v. DHSMV
  9th Cir. Ct. App. Div.· 2012-08-01
  Debra Morefield 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 Ninth Judicial Circuit Court affirmed the suspension, finding competent substantial evide
• Kiser v. DHSMV
  9th Cir. Ct. App. Div.· 2012-07-08
  John Kiser sought certiorari review of an administrative order suspending his driver's license for driving with an unlawful breath-alcohol level (.107-.108). The court denied his petition, finding the Department met its burden to prove substantial compliance with FDLE testing rul
• IN & FOR NEW Castle Cnty. Carlos Scott v. State of Del.
  Del. Super. Ct.· 2012-07-02
  The Superior Court affirmed the Industrial Accident Board's decision, finding no legal error in granting the employer's Petition to Terminate Total Disability Benefits and awarding partial disability benefits. The court held that the Board's finding that the claimant's low back i
• Miller v. State
  90 So. 3d 924· Fla. 2d DCA· 2012-06-20
• Hurtado v. Raly Dev., Inc.
  244 F.R.D. 137· S.D. Fla.· 2012-06-13
  The court granted defendants' motion for leave to amend their answer to correct a scrivener's error, finding good cause under Rule 16(b) and that justice required leave under Rule 15(a)(2).
• Fortune v. DHSMV
  9th Cir. Ct. App. Div.· 2012-06-08
  Scott Fortune challenged the suspension of his driver's license for refusing a breath-alcohol test. The Ninth Judicial Circuit, Appellate Division, affirmed the Department of Highway Safety and Motor Vehicles' Final Order sustaining the suspension, finding that competent substant
• Tameka v. Johnson
  126 So. 3d 1129· Fla. 4th DCA· 2012-06-06
  Tameka Johnson appealed a trial court's order extending her probation by two years for failing to pay restitution, costs of supervision, and court costs. The Fourth District reversed, holding that the trial court unconstitutionally required Johnson to prove her inability to pay b
• Miami-Dade Cnty. Sch. Bd. & Gallagher Bassett Servs., Inc. v. Russ
  88 So. 3d 1038· Fla. 1st DCA· 2012-05-29
  The Florida First District Court of Appeal reversed a workers' compensation judge's decision awarding benefits to an employee and rejecting the employer/carrier's statute of limitations defense. The court held that the employer/carrier's statute of limitations defense was timely
• Alkema v. DHSMV
  9th Cir. Ct. App. Div.· 2012-03-18
  Victor Alkema petitioned for certiorari review of the Department of Highway Safety and Motor Vehicles' decision sustaining the suspension of his driver's license for driving with an unlawful breath alcohol level of 0.108 and 0.120. The Ninth Judicial Circuit Court denied his peti
• Person v. State
  83 So. 3d 940· Fla. 3d DCA· 2012-03-14
  Michael Person appealed the revocation of his probation and resulting 30-year sentence. The Florida appellate court found that three of five violations cited by the trial court were unsupportable and struck them, affirming the revocation based only on two valid violations (drivin
• T.W.R. v. State
  80 So. 3d 1110· Fla. 1st DCA· 2012-02-27
  A juvenile appellant challenges an upward departure from the Department of Juvenile Justice's probation recommendation to residential treatment for probation violations. The appellate court reversed, finding the trial court failed to comply with the legal requirements established
• Prieto v. DHSMV
  9th Cir. Ct. App. Div.· 2012-02-09
  Edward Prieto sought 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 affirmed the suspension, finding that despite Prieto's initial ambig
• Mancini v. DHSMV
  9th Cir. Ct. App. Div.· 2012-02-07
  Ana Mancini petitioned for certiorari review of a driver's license suspension resulting from a DUI arrest. The Ninth Judicial Circuit Court affirmed the administrative suspension, holding that the petitioner was properly advised of implied consent warnings and that her breath tes
• In & for New Castle Cnty. Kristina Miller v. C.A. No. N10A-11-005 JRS Broadmeadow Health Care
  Del. Super. Ct.· 2012-02-01
  The Industrial Accident Board's (IAB) decision denying additional compensation for cervical spine treatment was supported by substantial evidence and free from legal error. The IAB properly excluded the claimant's testimony regarding treatment from an undisclosed physician due to
• Gibson v. DHSMV
  9th Cir. Ct. App. Div.· 2012-01-29
  Glen Gibson seeks certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining his driver's license suspension for driving with a breath alcohol level of 0.142 and 0.137. The court affirmed the suspension, rejecting Gibson's arguments that the
• In & for New Castle Cnty. Bonita Giandonato v. The INN AT Montchanin C.A. No: N11A-05-006 JRS
  Del. Super. Ct.· 2012-01-25
  The Superior Court reversed the Unemployment Insurance Appeal Board's decision denying unemployment benefits, finding that the employer failed to establish "just cause" for the employee's termination. The court held that the Board erred in applying the "just cause" standard by no
• Bougon v. DHSMV
  9th Cir. Ct. App. Div.· 2012-01-19
  John Bougon challenges the Department of Highway Safety and Motor Vehicles' suspension of his driver's license for driving with an unlawful breath alcohol level. The appellate court affirms the administrative suspension, rejecting Bougon's arguments that the Intoxilyzer 8000 was
• Webster v. DHSMV
  9th Cir. Ct. App. Div.· 2012-01-18
  Richard Webster challenged the suspension of his driver's license for driving with an unlawful breath alcohol level following a DUI arrest. The appellate court upheld the administrative agency's decision to sustain the license suspension, finding the Department substantially comp
• In & for New Castle Cnty.
  Del. C.P.· 2012-01-12
  The court held that the second warrantless search of the home was not justified by exigent circumstances because the observed conditions of the animals did not demonstrate an imminent physical danger, nor was it a lawful continuation of the initial search due to a lack of tempora
• Correa v. DHSMV
  9th Cir. Ct. App. Div.· 2012-01-09
  Alberto Correa petitioned for certiorari review of an administrative order suspending his driver's license for refusing a breath-alcohol test. The appellate court affirmed the suspension, holding that law enforcement had probable cause to stop and arrest Correa based on observabl
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2012-01-07
  The court reviewed a license suspension following Petitioner's DUI arrest and upheld the suspension, rejecting Petitioner's argument that the concurrent Marchman Act process (involuntary commitment for substance abuse) nullified his DUI arrest. The court held that the Marchman Ac
• Keen v. DHSMV
  9th Cir. Ct. App. Div.· 2012-01-05
  The Ninth Judicial Circuit Court denied Carrie Keen's petition for writ of certiorari challenging the Department of Highway Safety and Motor Vehicles' suspension of her driver's license based on breath test results. The court rejected her arguments regarding improper access to th
• Aswan K. Hardeo v. DHSMV
  9th Cir. Ct. App. Div.· 2012-01-04
  Petitioner sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' order sustaining suspension of his driver's license following a DUI investigation. The court denied the petition, finding that competent substantial evidence supported the suspensi
• Hamann v. DHSMV
  9th Cir. Ct. App. Div.· 2011-12-27
  Lyndon Hamann seeks certiorari review of the Department of Highway Safety and Motor Vehicles' final order sustaining the suspension of his driver's license following his arrest for driving with an unlawful breath alcohol level (0.227). The Ninth Judicial Circuit Court affirmed th
• IN & FOR NEW Castle Cnty. Steve D'Aguiar v. CA. No. CPU4-09-005285 Richard W. Heisler
  Del. C.P.· 2011-12-15
  The Court found the Heislers liable for breach of contract for failing to adequately disclose material defects in the property, awarding $18,967 in damages. The Court also found Brighterside Home Inspection, Inc. (BHI) liable, but limited damages to $810.00 based on an enforceabl
• Wood v. DHSMV
  9th Cir. Ct. App. Div.· 2011-12-02
  Kenneth Wood petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for unlawful breath-alcohol levels. The Ninth Judicial Circuit Court affirmed the license suspension, finding that the Department met i
• Saenz v. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2011-11-29
  Carlos Saenz challenges the Department of Highway Safety and Motor Vehicles' suspension of his driver's license for refusing to submit to a breath test. The court affirmed the suspension, finding competent substantial evidence that Saenz failed to provide valid breath samples aft
• Miranda v. Azul Plastering Corp. & The Hartford
  74 So. 3d 1123· Fla. 1st DCA· 2011-11-16
  In this workers' compensation case, the court reversed and remanded an order denying the claimant's benefits on statute of limitations grounds. The court found that the employer/carrier failed to provide statutory notice of the limitations period as required, and therefore the cl
• Verlander v. DHSMV
  9th Cir. Ct. App. Div.· 2011-10-06
  Benjamin Verlander appealed the suspension of his driver's license for driving with an unlawful breath-alcohol level (.112 and .101). The Ninth Judicial Circuit Court granted his petition for writ of certiorari, finding that the traffic stop was unlawful because no evidence showe
• Murray v. DHSMV
  9th Cir. Ct. App. Div.· 2011-10-04
  Justin Murray petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license based on a breath test showing unlawful alcohol levels. The court granted the petition and quashed the suspension order, finding that
• Spriggs v. DHSMV
  9th Cir. Ct. App. Div.· 2011-09-03
  Matthew James Spriggs appealed an administrative license suspension imposed by the Florida Department of Highway Safety and Motor Vehicles after his refusal to submit to breath and urine tests following a DUI arrest. The circuit court affirmed the suspension, finding that the hea