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

• Morefield v. DHSMV
  9th Cir. Ct. App. Div.· 2008-10-10
  Debra Morefield challenged the suspension of her driver's license for refusing to submit to a breath test. The appellate court upheld the refusal determination but reversed the eighteen-month suspension period because there was no competent substantial evidence of a prior refusal
• Cisneros v. The Sch. Bd. OF Miami-Dade Cnty.
  990 So. 2d 1179· Fla. 3d DCA· 2008-09-17
  A Florida appeals court reversed a school board's dismissal of a high school teacher convicted of vehicular homicide, holding that the conviction did not constitute a crime of moral turpitude under the applicable administrative rule because the evidence showed reckless but uninte
• Banner Thomas v. DHSMV
  9th Cir. Ct. App. Div.· 2008-08-27
  Banner Thomas challenged the Florida Department of Highway Safety and Motor Vehicles' suspension of his driver's license following a DUI arrest where he recorded breath-alcohol readings of .325 and .310 BAC. The appellate court denied his petition for certiorari review, upholding
• 2007 AP 35
  9th Cir. Ct. App. Div.· 2008-08-07
  The State appealed the trial court's suppression of evidence in a DUI case, arguing that the defendant validly waived his Miranda rights before providing statements and submitting to field sobriety tests. The appellate court reversed, holding that under the totality of circumstan
• Peyton v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2008-08-01
  David Peyton sought certiorari review of an administrative license suspension for refusing a breath test after a DUI arrest. The Ninth Judicial Circuit Court affirmed the suspension, holding that the deputy lawfully stopped Peyton's vehicle based on objectively reasonable suspici
• E.I. DU Pont de Nemours & Co. v. C.A. No. 3741-VCL Bayer Cropscience L.P.
  Del. Ch.· 2008-07-29
  The court denied DuPont's request for a preliminary injunction, finding that DuPont had not demonstrated a reasonable probability of success on the merits of its claim that it could mix isoxadifen with non-sulfonylurea (non-SU) herbicides under the supply agreement. While DuPont
• Boraam Tanyous
  Del. Ch.· 2008-07-17
  The Court held that Tanyous is a shareholder and the owner of 55% of the stock of Happy Child World, Inc. (HCW), and is entitled to inspect the company's books and records. The court found that the evidence overwhelmingly supported Tanyous's claim of an equity investment, rejecti
• Marcelle Assily v. Dep't of Child. & Fam. Servs.
  985 So. 2d 600· Fla. 2d DCA· 2008-06-06
  Marcelle Assily appealed a Department of Children and Family Services order reducing her food stamp benefits. Although the hearing officer improperly placed the burden of proof on Assily, the court affirmed because the Department presented unrebutted evidence supporting the reduc
• United States v. Vander Luitgaren
  556 F. Supp. 2d 1313· M.D. Fla.· 2008-06-05
  The court held that the presentation of exculpatory immunized evidence to the grand jury did not violate the defendant's Fifth Amendment rights, and any potential error was harmless.
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2008-05-19
  Petitioner challenged the administrative suspension of her driver's license for refusing a breath test after a DUI investigation. The Ninth Judicial Circuit Court upheld the suspension, finding sufficient probable cause and that the petitioner was afforded procedural due process.
• Raman Chopra v. DHSMV
  9th Cir. Ct. App. Div.· 2008-05-15
  Raman Chopra's driver's license was suspended by the Florida Department of Highway Safety and Motor Vehicles for refusing a breath-alcohol test. The circuit court granted his petition for writ of certiorari, finding that the hearing officer departed from essential requirements of
• Toler v. DHSMV
  9th Cir. Ct. App. Div.· 2008-05-08
  Monte Lee Toler sought certiorari review of a license suspension imposed by the Department of Highway Safety and Motor Vehicles (DHSMV) for refusing a breath test after a DUI charge. The court denied the petition, finding competent, substantial evidence supported the hearing offi
• Am. Home Assurance Co. v. Jacques F. Junger
  982 So. 2d 90· Fla. 3d DCA· 2008-05-07
  American Home Assurance appealed a trial court judgment awarding death benefits to the widow of a deceased Eastern Air Lines pilot under a collective bargaining agreement (MAC Agreement), despite the inability to produce the original insurance policy. The court affirmed, holding
• United States v. Fleming
  554 F. Supp. 2d 1286· N.D. Fla.· 2008-04-26
  A defendant's mere dissatisfaction with court-appointed counsel, without more, does not establish an actual conflict of interest or entitle them to new counsel.
• K.S. v. Dep't OF Child. & Families
  979 So. 2d 1182· Fla. 4th DCA· 2008-04-23
  K.S. appeals the trial court's order adjudicating her child M.R. dependent based on failure to protect him from her boyfriend Sean's alleged intentional burning of his hand. The Fourth District Court of Appeal reverses, finding insufficient evidence that the mother knew of or fai
• DHSMV v. Satter
  9th Cir. Ct. App. Div.· 2008-04-11
  Petitioner's driver's license was suspended for one year after he refused to submit to a breathalyzer test. He petitioned for a writ of certiorari challenging the Department of Highway Safety and Motor Vehicles' administrative suspension order on grounds that the stop lacked lawf
• Golden v. DHSMV
  9th Cir. Ct. App. Div.· 2008-04-04
  This case addresses whether a deputy had probable cause to order a breath-alcohol test on a driver under 21 years old who refused the test, resulting in license suspension. The court upheld the suspension, finding sufficient probable cause based on observed weaving, open passenge
• Jennings v. State
  978 So. 2d 223· Fla. 2d DCA· 2008-04-02 ·via Burden Of Proof By Preponderance Of The Evidence
  Shane Jennings was convicted of felony battery and sentenced as a prison releasee reoffender (PRR) to five years' imprisonment. The appellate court affirmed his conviction but reversed the PRR sentence, holding that the State failed to present sufficient evidence at sentencing to
• Krissy Littlejohn v. DHSMV
  9th Cir. Ct. App. Div.· 2008-04-01
  Petitioner Krissy Littlejohn appealed the suspension of her driver's license for refusing a breath test under Florida's implied consent law. The Ninth Judicial Circuit Court affirmed the Department of Highway Safety and Motor Vehicles' suspension, finding that the administrative
• Simon v. DHSMV
  9th Cir. Ct. App. Div.· 2008-03-20
  The Ninth Judicial Circuit Court granted Ralph William Simon's petition for writ of certiorari to review a final order sustaining his 18-month driver's license suspension for refusing a breath-alcohol test. The court held that although the legislature removed consideration of a l
• In & for Kent Cnty. Jack Lee Ray
  Del. Super. Ct.· 2008-02-26
  The Court found the Defendant Corporation liable to the Plaintiff for $56,789.00 on Count I for rough framing work, but found for the Defendants on Counts II and III, concluding that the Defendant Corporation was not liable for the design work. The Court also found that the Defen
• In re the Est. of Robert N. Gardner CA No. 5506.MA Master's Report
  Del. Ch.· 2008-02-05
  The appellate court affirmed the trial court's finding that several estate planning documents, including wills, trusts, and powers of attorney executed by Robert N. Gardner after September 2005, were the product of undue influence and therefore void. The court found that Gardner
• Harvey v. DHSMV
  9th Cir. Ct. App. Div.· 2008-01-22
  This certiorari petition challenges a driver's license suspension for refusing a breath test. The court held that a hearing officer departed from the essential requirements of law by denying a subpoena request for a deputy identified in the charging affidavit, and quashed the sus
• Portnoy v. DHSMV
  9th Cir. Ct. App. Div.· 2007-12-31
  Martin Portnoy sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' final order sustaining his driver's license suspension following his refusal to submit to a breath test. The Ninth Judicial Circuit Court granted the petition and quashed the s
• In the Interest of J.E.B. v. Dep't of Child. & Fam. Servs. & Guardian Ad Litem Program
  971 So. 2d 187· Fla. 2d DCA· 2007-12-28
  Mother appealed an order adjudicating her newborn child dependent based solely on her arrest and pending criminal charge for neglect of another child who died two years earlier. The Second District Court of Appeal reversed, holding that an arrest without conviction is insufficien
• Hargrove v. State
  987 So. 2d 679· Fla. 2d DCA· 2007-12-21
  Hargrove appeals his conviction for battery on a law enforcement officer and his sentencing as a habitual felony offender (HFO) and prison releasee reoffender (PRR). The court affirms the conviction and PRR sentence but reverses the HFO sentence because the State failed to prove
• Bill Elec. v. Aztil
  15th Cir. Ct. App. Div.· 2007-12-17
  Bill's Electrical sued Aztil for unpaid electrical services. The trial court found Bill's failed to prove the full amount claimed but acknowledged Aztil owed $1,500 of the estimated price, ordering payment within fifteen days with notice that failure would result in final judgmen
• Jean-Gillis v. State
  969 So. 2d 577· Fla. 4th DCA· 2007-12-05
  The appellate court affirmed the trial court's order of revocation of probation and sentence, which was entered on remand from a prior appeal. The trial court on remand found a timely-filed affidavit of violation of probation and determined that the admitted and stipulated violat
• In re Mikovic v. Mikovic
  541 F. Supp. 2d 1264· M.D. Fla.· 2007-11-21
  The court found that the child's habitual residence was the United States, not Wales, and therefore denied the petition for return under the Hague Convention.
• IN & FOR Kent Cnty. Robbins Hose Co. NO. 1, Inc. v. Civil Action No. 2247-VCP Edwin Baker, JR.
  Del. Ch.· 2007-10-31
  The Court granted Robbins Hose's motion for judgment on the pleadings, declaring the Appeal Board's decision void because the Appeal Board acted beyond the scope of its authority under the Robbins Hose By-Laws. The Appeal Board improperly made its own credibility determinations,
• United States v. Megahed
  519 F. Supp. 2d 1236· M.D. Fla.· 2007-10-25
  The court held that the defendant poses both a risk of flight and a danger to the community, and no conditions of release can adequately mitigate these risks, thus detention is warranted.
• IN & FOR NEW Castle Cnty. White Rock Constr. v. [Unknown]
  Del. Super. Ct.· 2007-09-14
  The appellate court affirmed in part and reversed in part the trial court's decision. The court held that White Rock failed to prove its entitlement to damages on its contract and quantum meruit claims for the 421/423 Market Street project, and thus its claims for double damages,
• Roddy v. DHSMV
  9th Cir. Ct. App. Div.· 2007-08-03
  Paul Roddy sought certiorari review of the Department of Highway Safety and Motor Vehicles' suspension of his driver's license for refusing a breath test. The court affirmed the reasonable suspicion and probable cause supporting the arrest but quashed the eighteen-month suspensio
• Brady v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2007-07-06
  Charles Brady sought certiorari review of an administrative license suspension for driving with an unlawful blood alcohol level. The court denied the petition, finding that although Brady initially rebutted the presumption that the Intoxilyzer 5000 Series was properly approved, t
• Leandre v. DHSMV
  9th Cir. Ct. App. Div.· 2007-07-03
  Carolyn Marie Leandre appealed the Florida Department of Highway Safety and Motor Vehicles' suspension of her driver's license for driving with an unlawful blood alcohol level (.202 and .203 BAC). The Ninth Judicial Circuit Court affirmed the suspension, holding that the hearing
• In & for New Castle Cnty.
  Del. Super. Ct.· 2007-06-05
  The court held that the defendant is competent to stand trial. Despite a history of head trauma and mental illness, the court found that the defendant was malingering and possessed the capacity to understand the proceedings and assist in her defense.
• Pelto v. DHSMV
  9th Cir. Ct. App. Div.· 2007-04-11
  Jessica Pelto sought certiorari review of the Florida Department of Highway Safety and Motor Vehicles' Final Order sustaining her driver's license suspension following a DUI arrest. The court granted the petition and quashed the hearing officer's decision because the hearing offi
• Boswell v. Fla. Dep't of Hwy. Safety & Motor Vehicles
  9th Cir. Ct. App. Div.· 2007-04-06
  Sarah Boswell petitioned for a writ of certiorari to challenge the Florida Department of Highway Safety and Motor Vehicles' administrative order suspending her driver's license for driving with an unlawful alcohol level. The court granted the petition, finding that the hearing of
• Dep't OF Child. & Families v. Belkis Molina
  951 So. 2d 1011· Fla. 3d DCA· 2007-03-21
• Lizotte v. State
  950 So. 2d 514· Fla. 1st DCA· 2007-03-13
  The court held that the State proved by a preponderance of the evidence that the appellant substantially and willfully violated probation by committing burglary and failing to perform public service hours.
• United States v. McKay
  506 F. Supp. 2d 1206· S.D. Fla.· 2007-03-13
  The court held that defendants are jointly and severally liable for forfeiture of proceeds derived from the RICO enterprise, except that one defendant is not liable for the other's salary proceeds due to lack of involvement in the underlying fraud.
• Peterson v. State
  974 So. 2d 1082· Fla. 2d DCA· 2007-02-02
  Roxanne Peterson appealed her sentence for scheming to defraud and the trial court's restitution order. The appellate court affirmed her sentence but vacated and remanded the restitution order due to calculation errors and failure to account for legitimate compensation Peterson r
• C.P. v. State
  941 So. 2d 510· Fla. 1st DCA· 2006-11-08
  A juvenile appellate court reversed a trial court's commitment of a child to a moderate risk facility because the trial court failed to adequately explain why it was departing from the Department of Juvenile Justice's recommendation and failed to reference how the chosen facility
• Kurzmann
  Del.· 2006-07-13
  The appellate court affirmed the Superior Court's judgment revoking the defendant's probation. The court found that the defendant's arguments regarding prosecutorial misconduct, the judge's closed mind during sentencing, the revocation of probation without a formal criminal charg
• Luellen Williams v. White Oak Builders, Inc.
  Del. Ch.· 2006-06-06
  The Court of Chancery properly denied the plaintiff's claims for specific performance, rescission of the sales agreement, and damages. The plaintiff failed to demonstrate the inadequacy of legal remedies for specific performance, failed to prove intentional or negligent misrepres
• In & for New Castle Cnty.
  Del. Super. Ct.· 2006-05-25
  The Court denied the defendant's motion for postconviction relief, finding that his claims of ineffective assistance of counsel were meritless. The court applied the procedural bars of Superior Court Criminal Rule 61 but noted that these bars do not apply to claims of ineffective
• IN & FOR NEW Castle Cnty. Winterthur Museum, Inc. v. Mowbray
  Del. Super. Ct.· 2006-05-12
  The appellate court affirmed the Industrial Accident Board's decision, finding that the claimant's injuries were work-related and compensable. The court held that the Board's findings were supported by substantial evidence and free from legal error, particularly regarding the cau
• In re DOE
  924 So. 2d 935· Fla. 1st DCA· 2006-04-05
  Jane Doe, a minor, appealed the dismissal of her petition for judicial waiver of parental notification of pregnancy under Florida's Parental Notice of Abortion Act. The appellate court reversed, holding that the circuit court misapplied the "sufficiently mature" standard by requi
• Powell v. Carey Int'l, Inc.
  490 F. Supp. 2d 1202· S.D. Fla.· 2006-03-17
  The court held that the defendants failed to establish by a preponderance of the evidence that their employees were exempt under the motor carrier or taxi driver exemptions of the FLSA.
• In & for New Castle Cnty.
  Del. Super. Ct.· 2005-11-28
  The Court denied the defendant's second motion for postconviction relief, finding that his claims of ineffective assistance of counsel, unconstitutional death penalty sentencing under Ring v. Arizona, and judicial impropriety due to contact with jurors were procedurally barred or