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

• Muller v. DHSMV
  9th Cir. Ct. App. Div.· 2009-10-26
  William Muller challenged his driver's license suspension for driving with an unlawful breath-alcohol level, arguing the DUI checkpoint where he was arrested operated under constitutionally insufficient guidelines that granted excessive discretion to officers. The appellate court
• Moist v. DHSMV
  9th Cir. Ct. App. Div.· 2009-10-19
  Meghan Moist appeals the administrative suspension of her driver's license following a DUI arrest. The court grants her petition for writ of certiorari, finding that the hearing officer departed from the essential requirements of law by refusing to issue a subpoena for a witness
• Foster v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2009-10-16
  Travis Foster 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-alcohol test. The appellate court affirmed the suspension, holding that the traffic stop was lawful and tha
• Delk v. DHSMV
  9th Cir. Ct. App. Div.· 2009-10-09
  Mary Delk sought certiorari review of an administrative license suspension following her refusal to submit to a breath-alcohol test after a traffic stop. The appellate court granted the petition, quashing the suspension and disqualification of her commercial driver's license, fin
• Caudle v. DHSMV
  9th Cir. Ct. App. Div.· 2009-10-08
  Lauren Caudle appealed the suspension of her driver's license imposed by the Florida Department of Highway Safety and Motor Vehicles. The Ninth Judicial Circuit Court granted her petition for writ of certiorari and quashed the suspension, finding the hearing officer violated proc
• Foley v. Orange Cnty. Code Enf't Bd.
  9th Cir. Ct. App. Div.· 2009-09-24
  David and Jennifer Foley appealed an Orange County Code Enforcement Board order finding them in violation of county code for erecting bird cages without proper permits on their residential property. The appellate court affirmed the CEB's decision, rejecting due process challenges
• In & for New Castle Cnty. Bramble Constr. Co., Inc. v. [Unknown]
  Del. Super. Ct.· 2009-08-27
  The court held that a contract for construction services existed between Bramble and the Defendants for both the Zoar Estates and Country Meadows properties. Both parties breached their respective contracts. Bramble is awarded damages in the amount of $112,072.40, plus pre- and p
• Case Fin., Inc.
  Del. Ch.· 2009-08-21
  The Court held that Case Financial has standing to pursue claims against Alden for breach of fiduciary duty, as Alden owed duties directly to Case Financial as its officer and director. The Court also held that the "Crime Exception" in the Release allows Case Financial to pursue
• Jaisen Williams v. DHSMV
  9th Cir. Ct. App. Div.· 2009-08-20
  Jaisen Williams sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' final order suspending her driver's license for one year for refusing a breath-alcohol test. The Ninth Judicial Circuit Court affirmed the suspension, finding that the hearing
• Williams v. State
  19 So. 3d 1007· Fla. 3d DCA· 2009-08-19
  Justin Williams appeals the revocation of his community control, challenging the trial court's findings of probation violations. The appellate court affirms the revocation as modified, striking only the unsupported concealed firearm finding while upholding the remaining violation
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2009-08-18
  This case involves a DUI license suspension appeal where the hearing officer failed to determine whether the petitioner's initial stop and arrest were lawful. Following binding precedent from the Fifth District, the appellate court found that even though Florida law eliminated ge
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2009-08-18
  In this driver's license suspension appeal, the Ninth Judicial Circuit Court granted a petition for writ of certiorari and quashed the hearing officer's order sustaining Satter's one-year driver's license suspension for refusal to submit to an alcohol test. The court held that un
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2009-08-18
  Petitioner sought a writ of certiorari challenging a hearing officer's order sustaining suspension of her driver's license for refusing to submit to a breath test following a DUI arrest. The court granted the petition, finding that the hearing officer failed to consider whether t
• In re TAX Parcel NOS. C.A. No. 2018-0733-PWG WD-00-063.00-01-01.00-00001 & WD-00-063.00-01-34.00-00001 Master's Report
  Del. Ch.· 2009-08-14
  The court held that the landowner (Szelestei) established title to the disputed parcel through adverse possession, as she met the requirements of open and notorious, hostile, exclusive, actual, and continuous possession for twenty years. The court found that neither party proved
• Auzenne v. DHSMV
  9th Cir. Ct. App. Div.· 2009-08-06
  Ivan Auzenne sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for refusing a breath test. The Ninth Judicial Circuit Court granted the petition, finding the hearing officer erred by refusing to issue a sub
• Harrison v. State
  12 So. 3d 1291· Fla. 1st DCA· 2009-07-29
  Carl Harrison appealed his convictions for resisting an officer without violence and possession of drug paraphernalia, challenging the trial court's imposition of investigative costs. The appellate court affirmed the convictions and sentences but reversed the $132.50 investigativ
• West v. DHSMV
  9th Cir. Ct. App. Div.· 2009-07-27
  Matthew West petitioned for certiorari review of an administrative driver's license suspension for refusal to submit to a breath test. The Ninth Judicial Circuit Court's Appellate Division granted the petition in part, finding that while the arrest and hearing procedures were pro
• Lindsay v. DHSMV
  9th Cir. Ct. App. Div.· 2009-07-08
  James Willard Lindsay challenged the suspension of his driver's license for refusing a breath test. The appellate court upheld the suspension, rejecting Lindsay's claims that he was denied due process by the hearing officer's refusal to grant continuances to identify witnesses an
• DHSMV v. Allen
  9th Cir. Ct. App. Div.· 2009-07-01
  Wendy Jones sought certiorari review of a driver's license suspension upheld by an administrative hearing officer following a formal review hearing. The Ninth Judicial Circuit Court affirmed the suspension, holding that the hearing officer properly found substantial competent evi
• Wilmington
  Del. C.P.· 2009-06-24
  The Court of Common Pleas affirmed the judgment of the Magistrate's Court, holding that the towing service provided proper notice of the lienholder sale to the vehicle owner. The court found that the towing service complied with Delaware statutory law and constitutional due proce
• Pizza v. DHSMV
  9th Cir. Ct. App. Div.· 2009-06-04
  Michael Pizza challenged the suspension of his driver's license following a DUI arrest. The Ninth Judicial Circuit Court granted his petition for certiorari, finding that the hearing officer violated procedural due process by failing to consider whether the initial traffic stop w
• Harmon Griffin v. DHSMV
  9th Cir. Ct. App. Div.· 2009-05-08
  The Ninth Judicial Circuit granted certiorari review of a driver's license suspension order, finding that the Department of Highway Safety and Motor Vehicles' hearing officer failed to determine whether the petitioner's arrest was lawful before sustaining the suspension for refus
• Moore v. DHSMV
  9th Cir. Ct. App. Div.· 2009-05-08
  John Moore sought certiorari review of a Florida Department of Highway Safety and Motor Vehicles order suspending his driver's license for refusing a breath test. The appellate court granted the petition after the Fifth District's Pelham decision established that a hearing office
• Meile v. DHSMV
  9th Cir. Ct. App. Div.· 2009-05-05
  William Meile petitioned for writ of certiorari to review the Department of Highway Safety and Motor Vehicles' Final Order suspending his driver's license for refusing a breath test. The court granted certiorari and quashed the suspension order, holding that the hearing officer f
• Cropsey v. Sch. Bd. OF Manatee Cnty.
  19 So. 3d 351· Fla. 2d DCA· 2009-05-01
  Mary L. Cropsey, a teacher, was terminated by the School Board of Manatee County for declining to attend an investigatory meeting without counsel after being advised by her attorney. The court reversed the termination, finding no competent, substantial evidence that following rea
• Steffen v. United States (In Re Steffen)
  429 B.R. 32· M.D. Fla.· 2009-04-28
  The court affirmed the bankruptcy court's determination of the year the stock became worthless and the adjusted basis, but reversed the allowance of the theft loss and bad debt deductions.
• In the Matter of:
  Del. Ch.· 2009-04-17
  The appellate court affirmed the trial court's decision, holding that the petitioner failed to demonstrate by a preponderance of the evidence either a lack of testamentary capacity or undue influence in the execution of the decedent's Last Will and Testament. The court found that
• Arian Nikjeh v. DHSMV
  9th Cir. Ct. App. Div.· 2009-04-09
  The Ninth Judicial Circuit Court granted a petition for writ of certiorari challenging the Florida Department of Highway Safety and Motor Vehicles' suspension of Arian Nikjeh's driver's license for refusing a breath test after a DUI arrest. The court held that because the hearing
• LeConche v. DHSMV
  9th Cir. Ct. App. Div.· 2009-04-07
  The Ninth Judicial Circuit granted Matthew LeConche's petition for writ of certiorari, quashing the Florida Department of Highway Safety and Motor Vehicles' Final Order sustaining his driver's license suspension for refusal to submit to a breath test. The court found that the adm
• Trotman v. DHSMV
  9th Cir. Ct. App. Div.· 2009-04-03
  Christopher Trotman sought certiorari review of a driver's license suspension imposed by the Florida Department of Highway Safety and Motor Vehicles following his refusal to submit to a breath test. The court granted the petition, quashing the suspension because the hearing offic
• Heard v. DHSMV
  9th Cir. Ct. App. Div.· 2009-04-03
  Jeffrey Heard petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license following his refusal to submit to a breath test. The court granted the petition and quashed the license suspension, holding that the
• Perciballi v. DHSMV
  9th Cir. Ct. App. Div.· 2009-03-25
  Ronnie Perciballi challenged the suspension of his driver's license for driving with an unlawful breath-alcohol level. The Ninth Judicial Circuit granted his petition for writ of certiorari, finding the hearing officer violated essential requirements of law by refusing to issue a
• Latasha Lane v. DHSMV
  9th Cir. Ct. App. Div.· 2009-03-25
  Latasha Lane sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of her driver's license for driving with an unlawful blood alcohol level. The court granted the petition, finding that the hearing officer violated the essential requi
• A.A.V. v. State
  9 So. 3d 654· Fla. 4th DCA· 2009-03-25
  A.A.V. appealed a trial court order committing him to a level 8 high-risk DJJ facility instead of the moderate-risk facility recommended by the Department of Juvenile Justice. The Fourth District reversed and remanded because the trial court's reasons for departing from DJJ's rec
• Internal Revenue Serv. v. Donahue (In Re Donahue)
  406 B.R. 407· M.D. Fla.· 2009-03-25 ·via Burden Of Proof By Preponderance Of The Evidence
  The district court affirmed the bankruptcy court's decision, holding that the IRS failed to meet its burden of proof to establish the nondischargeability of the debtors' 2004 tax liability.
• Ganci v. DHSMV
  9th Cir. Ct. App. Div.· 2009-03-16
  Peter Ganci petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' final order suspending his driver's license for driving with an unlawful breath-alcohol level of .162 and .164. The Ninth Judicial Circuit Court granted the petition and q
• Katzman v. DHSMV
  9th Cir. Ct. App. Div.· 2009-03-13
  This case involves a certiorari review of a driver's license suspension imposed on a minor for driving with a breath-alcohol level of 0.28 under Florida's zero-tolerance statute. The appellate court reversed the suspension, finding that the initial traffic stop lacked the requisi
• Kreda v. DHSMV
  9th Cir. Ct. App. Div.· 2009-03-09
  Ryan Kreda seeks certiorari review of a driver's license suspension issued by the Florida Department of Highway Safety and Motor Vehicles for refusal to submit to a breath test. The circuit court upheld the suspension, finding that the odor of alcohol provided sufficient probable
• Simmons v. DHSMV
  9th Cir. Ct. App. Div.· 2009-02-06
  Sean Simmons petitioned for certiorari review of a Final Order sustaining suspension of his driver's license for refusing a breath test. The Ninth Judicial Circuit Court affirmed the administrative decision, finding competent substantial evidence of probable cause for the arrest
• Hileman v. State
  2 So. 3d 1065· Fla. 3d DCA· 2009-02-04
  The court affirmed the revocation of probation but remanded to correct the order to exclude an unproven violation.
• O'Malley v. Fla. Dep't of Motor Vehicles
  9th Cir. Ct. App. Div.· 2009-02-03
  Shawn O'Malley sought certiorari review of a Florida administrative order sustaining the suspension of his driver's license following his arrest for DUI and refusal to submit to breath, blood, or urine testing. The appellate court upheld the suspension, finding that the trooper h
• Int'l Seaway Trading Corp. v. Walgreens Corp.
  599 F. Supp. 2d 1307· S.D. Fla.· 2009-01-22
  The court held that the plaintiff's design patent was invalid because it was anticipated by prior art, specifically the Crocs '789 patent, and thus lacked the required uniqueness and inventiveness.
• Dobzynecki v. State
  2 So. 3d 385· Fla. 5th DCA· 2009-01-02
  The court held that the State failed to prove by a preponderance of the evidence that the probationer willfully violated a condition of his probation.
• In the Interest of S.M. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program
  997 So. 2d 513· Fla. 2d DCA· 2008-12-31
  A Florida appellate court reviewed a dependency adjudication of three children after the eldest was sexually abused by the mother's boyfriend. The court affirmed the dependency findings for the two older children but reversed as to the infant, holding that abuse of one sibling do
• Chaplin v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2008-11-14
  Brad Chaplin petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for driving with an unlawful blood-alcohol level. The court denied the petition, holding that the Intoxilyzer breath test equipment was
• Smith v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2008-11-14
  Dustin D. Smith petitioned for certiorari review of a driver's license suspension imposed by the Florida Department of Highway Safety and Motor Vehicles for driving with an unlawful blood-alcohol level. The Ninth Judicial Circuit Court denied the petition, holding that the hearin
• Alamo v. DHSMV
  9th Cir. Ct. App. Div.· 2008-10-27
  Ariel Alamo sought certiorari review of the suspension of his driver's license for refusing a breath-alcohol test. The court held that the hearing officer violated his procedural due process rights by admitting a breath test operator's report into evidence while denying a subpoen
• Dorman v. DHSMV
  9th Cir. Ct. App. Div.· 2008-10-23
  James Dorman petitioned for certiorari review of the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license for unlawful breath-alcohol level. The Ninth Judicial Circuit Court found that the hearing officer violated his procedural due process
• Branham v. TMG Staffing Servs.
  994 So. 2d 1172· Fla. 1st DCA· 2008-10-22
  The court affirmed the Judge of Compensation Claims' ruling that the appellant failed to prove they did not receive notice of the statute of limitations, finding any error in the standard applied was harmless.
• Reggie E. Jernigan v. State
  995 So. 2d 996· Fla. 1st DCA· 2008-10-21
  The court held that the Division of Retirement improperly denied the appellant's claim for in-line-of-duty retirement benefits because his psychological condition was a work-related injury that substantially aggravated his permanent total disability.