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

• In re THE Est. OF G. James Seppi
  Del. Ch.· 2011-08-30
  The Court of Chancery found that a 2004 power of attorney and 2006 estate documents executed by Gino James Seppi were the product of undue influence and therefore invalid. The court declared these documents void and ordered that Gino Seppi's 1983 Last Will and Testament be given
• In & for New Castle Cnty. Gov't Emps. Ins. Co.
  Del. C.P.· 2011-08-22
  The Court entered judgment in favor of the defendants, finding that the plaintiffs failed to prove by a preponderance of the evidence that the defendant driver's negligence proximately caused the collision. The court found that the plaintiff driver committed several violations of
• Rose v. DHSMV
  9th Cir. Ct. App. Div.· 2011-08-05
  Craig Rose petitioned for certiorari review challenging the Florida 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 granted the petition because the hearing off
• Bulmer v. DHSMV
  9th Cir. Ct. App. Div.· 2011-08-04
  The Ninth Judicial Circuit Court granted Jeffrey Bulmer's petition for writ of certiorari, quashing the Department of Highway Safety and Motor Vehicles' suspension of his driver's license. The court found that the hearing officer violated Bulmer's procedural due process rights by
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2011-08-01
  Petitioner sought certiorari review of an administrative suspension of her driver's license for driving with an unlawful breath-alcohol level. The court rejected her argument that the breath samples were not obtained within the required 15-minute window, finding the samples were
• Sifrar v. DHSMV
  9th Cir. Ct. App. Div.· 2011-07-20
  Michael Sifrar sought certiorari review of his driver's license suspension for an unlawful breath alcohol level. The Ninth Judicial Circuit Court granted the writ, quashing the hearing officer's final order, finding that the hearing officer violated due process by failing to issu
• Rachid Douale v. DHSMV
  9th Cir. Ct. App. Div.· 2011-07-03
  The Ninth Judicial Circuit Court granted a petition for writ of certiorari challenging an administrative suspension of a driver's license for unlawful breath-alcohol level. The court found that the hearing officer violated procedural due process by refusing to issue subpoenas for
• IN & FOR NEW Castle Cnty. Paoli Servs., Inc. v. Frunzi
  Del. C.P.· 2011-06-27
  The Court awarded Paoli Services, Inc. damages in the amount of $9,436.96, representing 90.74% of the original contract price for the completed portion of the sewer line. Both parties were found equally liable for damage to a storm drain, but damages for this were not awarded due
• United States v. Weiss
  791 F. Supp. 2d 1183· M.D. Fla.· 2011-05-27
  The court held that Feig's February 2011 affidavit was not a sham and created genuine issues of material fact, thus denying summary judgment.
• IN & FOR NEW Castle Cnty. Daniel Shaw v. C.A. No. U407-09-609 Nationwide Ins.
  Del. C.P.· 2011-05-09
  The appellate court affirmed the trial court's judgment in favor of the defendants, finding that the plaintiff failed to meet his burden of proof for both his personal injury protection (PIP) benefits claim and his property damage claim. The court held that the plaintiff did not
• Lindsay v. DHSMV
  9th Cir. Ct. App. Div.· 2011-05-09
  Michael Lindsay challenges the Department of Highway Safety and Motor Vehicles' suspension of his driver's license following a DUI arrest with breath alcohol results of 0.148 and 0.164. The appellate court denies his petition for certiorari review, upholding the suspension based
• Stokes v. Schindler Elevator Corp./Broadspire
  60 So. 3d 1110· Fla. 1st DCA· 2011-05-09
  A workers' compensation death benefits case where the court reversed the Judge of Compensation Claims' denial of benefits, holding that the JCC improperly relied on a non-physician toxicologist's testimony regarding medical causation and erroneously rejected two pathologists' opi
• In & for New Castle Cnty. Vitold Tussey
  Del. C.P.· 2011-04-21
  The Court found in favor of the Plaintiff, Jennifer Finnegan, and entered judgment against the Defendant, Keith Levitt, for breach of contract. The Court also found in favor of the Third-Party Defendant, Vitold Tussey, on the Third-Party Complaint, entering judgment against Levit
• Redden v. State
  56 So. 3d 79· Fla. 2d DCA· 2011-03-02
  William Redden appeals a $50,000 restitution order imposed following his guilty plea to arson of his mother's house. The court reversed the restitution award, agreeing with the State's concession that insufficient evidence supported the amount ordered.
• Keen v. Camac
  Del. Ch.· 2011-02-11
  The appellate court affirmed the Master's Report, denying the plaintiffs' exceptions. The court held that the deed transferring the property to joint tenants was valid, as the grantor acted of her own free will after full disclosure and with independent legal advice. The court al
• United States v. Hirmer
  767 F. Supp. 2d 1305· N.D. Fla.· 2011-02-08
  The court held that the government failed to establish its own loss or demonstrate the impracticability of seeking restitution for individual victims, thus denying the government's claim for restitution.
• February 7
  Del. C.P.· 2011-02-07
  The Court of Common Pleas affirmed the lower court's judgment in favor of the plaintiff architect, awarding partial payment for services rendered. The court found that a valid contract existed, and the defendant breached it by failing to pay for the architectural design services.
• Westby v. DHSMV
  9th Cir. Ct. App. Div.· 2011-02-03
  Petitioner Alexander Westby challenged the administrative suspension of his driver's license for driving under the influence, arguing the suspension was not supported by competent substantial evidence that he was lawfully detained. The appellate court upheld the suspension, findi
• Shaver v. Ford Motor Co.
  768 F. Supp. 2d 1235· S.D. Fla.· 2011-01-06
  The court held that the defendant met its burden to show the amount in controversy exceeded $5 million at the time of removal, thus denying the motion to remand.
• Breakell v. DHSMV
  9th Cir. Ct. App. Div.· 2011-01-06
  Karen Breakell challenged the administrative suspension of her driver's license for refusing a breath-alcohol test. The Ninth Judicial Circuit Court affirmed the suspension, holding that the Hearing Officer's decision was supported by competent substantial evidence despite one mi
• State v. Lyons
  9th Cir. Ct. App. Div.· 2011-01-03
  The State appealed a trial court's order granting a defendant's pretrial motion to suppress evidence from a traffic stop. The appellate court reversed, finding that the defendant's motion was legally insufficient because driving with non-functioning brake lights constitutes a tra
• Guliano v. DHSMV
  9th Cir. Ct. App. Div.· 2010-12-08
  Christian Guliano sought certiorari review of a license suspension imposed by the Florida Department of Highway Safety and Motor Vehicles following a DUI arrest. The appellate court found that the hearing officer departed from the essential requirements of law by refusing to issu
• Jennings v. DHSMV
  9th Cir. Ct. App. Div.· 2010-11-09
  The Ninth Judicial Circuit Court denied Sean Jennings's petition for writ of certiorari challenging the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license. The court found that competent, substantial evidence supported the hearing officer'
• Pivinski v. Brzozowski
  Del. Ch.· 2010-10-12
  The appellate court affirmed the trial court's denial of the plaintiff's request for the imposition of a constructive trust and resulting trust over two real properties. The court found that the deed transferring the North Wildwood property to the decedent and his daughter Joan a
• Wilmington
  Del. C.P.· 2010-10-07
  The Court of Common Pleas denied both the Plaintiffs' debt action and the Defendant's counterclaims for debt and replevin. The Court found that neither party proved their respective claims by a preponderance of the evidence, and therefore, no judgment was entered for either party
• Crispen Faress v. DHSMV
  9th Cir. Ct. App. Div.· 2010-08-20
  Crispen Faress sought certiorari review of the Department of Highway Safety and Motor Vehicles' decision to suspend his driver's license for driving with an unlawful breath alcohol level (0.185 and 0.195). The appellate court denied his petition, holding that he failed to present
• Motor Vehicles v. Breum
  9th Cir. Ct. App. Div.· 2010-08-06
  Kurt Klinker challenged the 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, finding no procedural due process violation, that the breath test results were properly a
• Magan Branch v. DHSMV
  9th Cir. Ct. App. Div.· 2010-08-06
  Magan Branch sought certiorari review of the Department of Highway Safety and Motor Vehicles' decision to sustain her driver's license suspension for driving with an unlawful breath alcohol level. The court affirmed the suspension, rejecting Branch's arguments regarding subpoena
• United States v. Lyons
  726 F. Supp. 2d 1359· M.D. Fla.· 2010-07-20
  The court held that the defendant is entitled to a certification of actual innocence for the purposes of bringing a claim under the Unjust Conviction Statute.
• Motor Vehicles v. Pitts
  9th Cir. Ct. App. Div.· 2010-07-01
  Petitioner Gurer appealed the suspension of his driver's license following a DUI arrest, arguing the arresting officer lacked probable cause because the officer did not witness him driving. The appellate court affirmed the suspension, holding that the officer had sufficient facts
• Mizo v. DHSMV
  9th Cir. Ct. App. Div.· 2010-05-04
  Edward Mizo appealed a Florida Department of Highway Safety and Motor Vehicles license suspension for driving with an unlawful breath-alcohol level. The Ninth Judicial Circuit Court granted his petition for writ of certiorari, finding that the hearing officer departed from the es
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2010-05-03
  Amy McLarty challenged her driver's license suspension under Florida's zero-tolerance law for underage drivers who refuse breath tests. The Ninth Judicial Circuit Court granted her petition for writ of certiorari, finding the affidavits supporting the suspension were improperly e
• Tomacelli v. DHSMV
  9th Cir. Ct. App. Div.· 2010-04-30
  Alexander Tomacelli sought review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for an unlawful breath-alcohol level. The Ninth Judicial Circuit Court granted his petition for writ of certiorari, finding that the hearing office
• Wilmington
  Del. C.P.· 2010-04-28
  The trial court correctly determined that the statutory remedy for tree trespass was not exclusive and that the plaintiffs had proven by a preponderance of the evidence that the trees were on their property. However, the court erred in awarding the full replacement cost for certa
• Kirk v. DHSMV
  9th Cir. Ct. App. Div.· 2010-04-20
  William Kirk petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' decision to sustain his driver's license suspension for refusing a breath test. The Ninth Judicial Circuit Court affirmed the administrative order, finding that the arres
• Bronson Vaughn v. DHSMV
  9th Cir. Ct. App. Div.· 2010-04-15
  The Ninth Judicial Circuit Court granted Bronson Vaughn's petition for writ of certiorari challenging the administrative suspension of his driver's license for DUI, finding that the hearing officer violated the essential requirements of law by refusing to issue subpoenas for pers
• Laplante v. Terraces of Lake Worth Rehab. & Health Ctr., LLC
  725 F. Supp. 2d 1358· S.D. Fla.· 2010-04-13
  The court held that the plaintiff failed to prove she worked overtime hours for which she was not compensated, and failed to prove the employer knew or should have known of any such overtime work.
• White v. DHSMV
  9th Cir. Ct. App. Div.· 2010-04-08
  Timothy White sought certiorari review of a license suspension for an unlawful breath-alcohol level. The court held that the hearing officer erred by refusing to issue a subpoena for Kelly Melville, the agency inspector who completed the agency inspection report relied upon by th
• Whitmore v. DHSMV
  9th Cir. Ct. App. Div.· 2010-04-06
  Pamela Whitmore sought certiorari review of her driver's license suspension for driving under the influence. The Ninth Circuit held that the hearing officer departed from the essential requirements of law by refusing to issue subpoenas for witnesses identified in breath test insp
• Reiss v. DHSMV
  9th Cir. Ct. App. Div.· 2010-04-04
  Adam Reiss sought certiorari review of 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 granted Reiss's petition, finding that the hearing officer departed f
• Williams v. Compton
  9th Cir. Ct. App. Div.· 2010-04-04
  Roosevelt Williams appealed the trial court's restitution order following his no-contest plea to contracting without a license. The appellate court reversed, holding that restitution should be calculated using construction contract law principles rather than a full refund of amou
• Meccariello v. Dep't of Hwy. Safety & Motor Vehicles
  15th Cir. Ct. App. Div.· 2010-03-31
  Tonya Meccariello challenged the suspension of her driver's license by the Department of Highway Safety and Motor Vehicles. The court found the hearing officer's decision lacked competent, substantial evidence and remanded for a new hearing, holding that the DHSMV must affirmativ
• Pickerel v. DHSMV
  9th Cir. Ct. App. Div.· 2010-03-27
  Petitioner Richard Pickerel 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,
• Bernicky v. DHSMV
  9th Cir. Ct. App. Div.· 2010-03-17
  Kyle Bernicky 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 denied his petition, holding that the h
• In & for New Castle Cnty.
  Del. Super. Ct.· 2010-03-05
  The court sentenced the defendant to life imprisonment without parole for two counts of first-degree murder and related charges, finding that the aggravating circumstances did not outweigh the mitigating circumstances, despite a jury's seven-to-five recommendation for the death p
• United States v. Broe
  695 F. Supp. 2d 1361· S.D. Fla.· 2010-02-19
  The court held that the government failed to meet its burden to show by a preponderance of the evidence that the defendant fled the jurisdiction with the intent to avoid prosecution, thus the statute of limitations was not tolled.
• Uiselli v. DHSMV
  9th Cir. Ct. App. Div.· 2010-01-20
  In this administrative appeal concerning driver's license suspension for DUI, the Ninth Judicial Circuit granted the petitioner's writ of certiorari, finding that the hearing officer violated the essential requirements of law by refusing to issue a subpoena for an agency inspecto
• Canerday v. State
  37 So. 3d 272· Fla. 2d DCA· 2010-01-15
  Kenneth Ray Canerday appealed a restitution order of $13,010.58 for grand theft, challenging the sufficiency of evidence supporting the award amount. The court reversed and remanded, finding that $4,156.58 of the restitution was unsupported by adequate documentary evidence.
• Anderson v. DHSMV
  9th Cir. Ct. App. Div.· 2010-01-07
  Gregory Anderson petitioned for certiorari review challenging the suspension of his driver's license by the Florida Department of Highway Safety and Motor Vehicles. The appellate court found that the hearing officer departed from the essential requirements of the law by refusing
• Ranow v. DHSMV
  9th Cir. Ct. App. Div.· 2009-11-30
  Jeremiah Ranow petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license following a DUI arrest and breath test. The Ninth Judicial Circuit Court, applying controlling precedent from Yankey v. DHSMV, held t