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

• Leetroy Harris v. Fla. Parole Comm'n
  917 So. 2d 217· Fla. 1st DCA· 2005-11-15
• Harris v. State
  911 So. 2d 869· Fla. 2d DCA· 2005-09-28
  The trial court erred in refusing to grant a restitution hearing, as the State must prove the victim's loss by a preponderance of the evidence.
• Goss v. State
  911 So. 2d 183· Fla. 1st DCA· 2005-09-08
  Florida appellate court reversed probation revocation based on commission of a new felony because the trial court failed to specify which felony violation it relied upon, though it affirmed the revocation based on failure to pay supervision costs.
• United States v. Twenty-Three Thousand Ninety Dollars ($23
  377 F. Supp. 2d 1223· S.D. Fla.· 2005-06-30
  The court held that $17,000 in currency was forfeitable to the United States because the claimant knowingly attempted to transport it out of the country without reporting, and structured the transaction to evade reporting requirements.
• T.F. v. Dep't of Child. & Families
  895 So. 2d 1288· Fla. 5th DCA· 2005-03-24
• Fortunato v. Fortunato
  894 So. 2d 1076· Fla. 4th DCA· 2005-03-02
• W.W. v. State
  890 So. 2d 361· Fla. 4th DCA· 2004-12-22
  W.W., adjudicated delinquent for attempted burglary after a guilty plea, appeals his commitment to a high-risk residential facility, arguing the trial court departed from the Department of Juvenile Justice's recommendation without adequate evidentiary support. The court reversed,
• United States v. Vernier
  335 F. Supp. 2d 1374· S.D. Fla.· 2004-09-17
  The court held that it was authorized to grant an upward departure from the sentencing guidelines because the defendant's criminal conduct involved the intentional infliction of serious injury and death to the victim, a circumstance not adequately considered by the guidelines.
• Dillard v. State
  869 So. 2d 661· Fla. 4th DCA· 2004-03-31
  Kevin Dillard appeals his upward departure sentence imposed upon re-sentencing after his initial habitual offender conviction was reversed. The Fourth District Court of Appeal reverses the departure sentence because it was based on conduct (tampering with evidence) for which the
• Y.M. v. Dep't of Child. & Families
  865 So. 2d 688· Fla. 5th DCA· 2004-02-20
• Martin v. Wilbur (In Re Wilbur)
  304 B.R. 521· M.D. Fla.· 2003-10-02
  The court held that the monthly payments and life insurance obligation owed to the former wife were in the nature of support and therefore nondischargeable under 11 U.S.C. § 523(a)(5).
• Perry v. State
  852 So. 2d 938· Fla. 2d DCA· 2003-08-27
  Lynda Perry appealed a $3,000 restitution award for grand theft, arguing the amount exceeded the actual loss caused by her fraudulent check scheme. The court reversed, holding that restitution must be limited to the demonstrable damages caused by the defendant's criminal conduct,
• IN & FOR NEW Castle Cnty. William C. Flax v. C.A. No: 02A-11-002 RSG
  Del. Super. Ct.· 2003-08-15
  The appellate court affirmed the Industrial Accident Board's decision denying the claimant's petition for total disability benefits. The court found that the Board's decision was supported by substantial competent evidence, particularly the opinion of the employer's medical exper
• In & for New Castle Cnty.
  Del. Super. Ct.· 2003-08-05
  The court affirmed the death sentence imposed on the defendant for Murder in the First Degree. The court found that the statutory aggravating circumstance of a prior felony involving the use or threat of force or violence was proven beyond a reasonable doubt, and that the non-sta
• State v. Hinson
  855 So. 2d 119· Fla. 1st DCA· 2003-07-29
  The State appeals a trial court's downward departure sentence imposed upon revocation of Christopher Hinson's probation. The court found no valid legal grounds or competent, substantial evidence supporting the downward departure and reversed, remanding for resentencing within the
• State v. Owens
  848 So. 2d 1199· Fla. 1st DCA· 2003-07-03
  The State appealed a downward departure sentence imposed on Frederick Owens for multiple burglary and theft charges. The trial court justified the departure based on victims' restitution needs and Owens' amenability to drug rehabilitation. The appellate court reversed, holding ne
• In the Interest of W.H. and Q.S. v. Dep't of Child. & Fam. Servs.
  846 So. 2d 636· Fla. 2d DCA· 2003-05-30
  The Florida Second District Court of Appeal reversed a trial court's order adjudicating two children dependent, finding the record lacked competent, substantial evidence to support findings of abandonment or abuse by the mother. The court held that the mother's regular contact wi
• Miranda v. State
  832 So. 2d 937· Fla. 3d DCA· 2002-12-26
  Carlos Miranda appeals sentences imposed after his guilty plea to second degree murder, arson, and attempted second degree murder. The court affirms the departure sentence based on heinous, egregious, and cruel circumstances, but reverses and remands to correct an illegal fifty-y
• United States Sec. & Exch. Comm'n v. Ginsburg
  242 F. Supp. 2d 1310· S.D. Fla.· 2002-12-19
  The court held that the SEC did not present sufficient circumstantial evidence to prove that Scott Ginsburg tipped his brother about potential acquisitions, and thus, the jury's verdict was based on speculation.
• State v. Zeuxis Fernandez
  826 So. 2d 375· Fla. 3d DCA· 2002-07-17
  The State appeals a trial court's suppression of evidence obtained from a search of Fernandez's locksmith business. The appellate court reverses, finding that the officers' initial entry into the business was lawful based on reasonable suspicion of burglary in progress, and that
• J.L. v. State
  820 So. 2d 437· Fla. 4th DCA· 2002-07-03
• IN & FOR NEW Castle Cnty. Turkey's Inc. v. C.A. No. 01A-11-007-JRJ Lorri A. Peterson & Unemployment Ins. Appeal Bd.
  Del. Ch.· 2002-05-13
  The Unemployment Insurance Appeal Board's decision granting unemployment benefits to the claimant is affirmed. The court found that the Board's decision was supported by substantial evidence and free from legal error. The employer failed to meet its burden of proving that the cla
• IN & FOR NEW Castle Cnty. Robert T. Wirt & Lorraine S. Wirt v. State of Del.
  Del. C.P.· 2002-02-07
  The court entered joint and several judgment against William A. Matthews Associates, Inc. and William A. Matthews for breach of contract and fraud, awarding compensatory damages of $21,975.00 and punitive damages of $5,000.00. The court found that plaintiff failed to prove fraud
• In & for New Castle Cnty.
  Del. Super. Ct.· 2001-11-29
  The court denied the defendant's motion to suppress evidence and found him guilty on all counts. The court determined that while statements made prior to the search were inadmissible due to Miranda violations, the subsequent warrantless search of the vehicle was lawful based on p
• Advanced Sys. Design, Inc. v. Felton
  790 So. 2d 1268· Fla. 1st DCA· 2001-08-14
• Brown v. State
  789 So. 2d 366· Fla. 2d DCA· 2001-03-16 ·via Burden Of Proof By Preponderance Of The Evidence
  Horace Brown appealed his sentencing as a prison releasee reoffender and habitual felony offender after pleading guilty to multiple charges including drug crimes and battery on a law enforcement officer. The court affirmed most of the sentencing but remanded to strike the habitua
• H.S. v. State
  778 So. 2d 1074· Fla. 5th DCA· 2001-03-02 ·via Burden Of Proof By Preponderance Of The Evidence
  H.S., a juvenile, appeals a dispositional order imposing Level 8 commitment after pleading nolo contendere to felony charges. The court rejected the Department of Juvenile Justice's recommendation for community control, and H.S. contends the court failed to adequately state reaso
• In & for New Castle Cnty. Iran Lawrence v. C.A. No. 99C-02-190-JRS Augustine Dibiase, JR.
  Del. Super. Ct.· 2001-02-27
  The court held that while an implied in fact contract did not exist due to a lack of meeting of the minds on essential terms like price, a quasi contract was established. The defendants were unjustly enriched by the plaintiff's design services, and therefore, judgment was entered
• United States v. Ucciferri
  133 F. Supp. 2d 1330· M.D. Fla.· 2001-02-22
  The court held that the defendant violated conditions of supervised release by committing attempted first-degree murder and aggravated battery, and by possessing a firearm, warranting revocation.
• State v. Sakezeles
  778 So. 2d 432· Fla. 3d DCA· 2001-02-07
  The court held that the initial warrantless entry into the defendant's apartment was illegal, and subsequent consent to search was tainted by this illegality, thus the evidence seized should be suppressed.
• AMENDMENTS TO THE RULES OF JUV. PROCEDURE (8.330 & 8.525)
  789 So. 2d 951· Fla.· 2000-11-22
  The Florida Supreme Court adopted emergency amendments to Rules of Juvenile Procedure 8.330 and 8.525 to allow parties to appear at adjudicatory hearings in dependency and termination of parental rights cases via audio or audiovisual devices when good cause is shown. This address
• United States v. Morrison
  109 F. Supp. 2d 1366· S.D. Fla.· 2000-08-15
  The court held that uncorroborated hearsay evidence, particularly from an informant with a cooperation agreement, is insufficient to prove that defendants stole vehicles for sentence enhancement purposes, and that legal and investigative costs cannot be included in victim loss ca
• State v. Stalvey
  795 So. 2d 968· Fla. 1st DCA· 2000-04-12
  The State appeals Amanda Stalvey's sentencing for lewd and lascivious conduct with a minor, arguing that a minor cannot be a "willing participant" in such crimes as a matter of law. The First District agrees and reverses, holding that willing participation cannot serve as a basis
• Hamilton v. State
  753 So. 2d 743· Fla. 3d DCA· 2000-03-22
  Laura Hamilton appeals a restitution order requiring her to repay $7,720.05 allegedly stolen from her employer's cash register. The appellate court affirms, finding sufficient evidence under the preponderance standard that Hamilton engaged in theft through unusual cash register t
• Jyhno Rock v. State
  749 So. 2d 566· Fla. 3d DCA· 2000-01-19
  The court held that the denial of the motion to suppress was correct under the totality of the circumstances and that the evidence was sufficient to support probation revocation.
• Dorcas L. Morris v. Division OF Retirement
  747 So. 2d 462· Fla. 5th DCA· 1999-12-23
  Morris appealed the State Retirement Commission's denial of her application for in-the-line-of-duty retirement benefits following a 1990 work-related accident. She claimed the accident caused permanent and total disability, but the Commission found insufficient evidence that the
• Strickland v. State
  746 So. 2d 1189· Fla. 2d DCA· 1999-12-10
  Strickland appeals a restitution order requiring him to pay $10,000 to the Crimes Compensation Trust Fund following his robbery conviction. The appellate court reversed the $10,000 restitution award and remanded for a proper hearing, holding that when a defendant requests a heari
• United States v. Aiken
  76 F. Supp. 2d 1339· S.D. Fla.· 1999-10-01
  The court denied defendants' motion for reconsideration of a prior discovery order, but amended the order to require disclosure of Giglio/Brady material not less than 10 business days before trial for the death-eligible defendant.
• Aristarco Benitez v. State
  744 So. 2d 1088· Fla. 4th DCA· 1999-09-29
  Aristarco Benitez appeals the revocation of his community control and resulting sentence for armed burglary and aggravated assault. The court affirmed the revocation based on three violations of a house confinement condition but reversed the violation based on a speeding citation
• Allapattah Servs., Inc. v. Exxon Corp.
  967 F. Supp. 2d 982· S.D. Fla.· 1999-08-10
  The court held that the fraudulent concealment doctrine can be adjudicated on a class-wide basis, despite variations in state law regarding reliance and burdens of proof, and that the continuing breach doctrine does not apply to toll the statute of limitations in this case.
• Block v. State
  763 So. 2d 1057· Fla. 4th DCA· 1999-06-16
  Robert Block appeals his conviction for armed burglary, aggravated battery, and resisting arrest. The court affirms his conviction but reverses the upward sentencing departure because the trial court relied on an aggravating factor—the victim's son being present during the attack
• Baker v. State
  733 So. 2d 992· Fla.· 1999-04-15
• Kelly v. State
  729 So. 2d 1007· Fla. 2d DCA· 1999-04-07
  Kathleen Kelly appeals the revocation of her community control and imposition of a 180-month prison sentence. The court reverses because the State failed to prove by preponderance of the evidence that Kelly willfully and substantially violated a community control condition requir
• State v. Silver
  722 So. 2d 222· Fla. 4th DCA· 1998-10-28
  A downward departure sentence cannot be based solely on attorney argument; there must be evidentiary support.
• Dalem v. Dep't OF Corr. & State of Fla.
  720 So. 2d 575· Fla. 4th DCA· 1998-10-07
  The court held that the Public Employees Relations Commission correctly upheld the employee's dismissal based on the preponderance of the evidence standard and sufficient factual findings.
• A.J.N. v. State
  715 So. 2d 1171· Fla. 5th DCA· 1998-08-28
  A trial court may order restitution exceeding the statutory maximum for an offense if the amount is proven by a preponderance of the evidence, and a defendant acting in concert with others is liable for the full amount.
• Persaud v. State
  715 So. 2d 1005· Fla. 5th DCA· 1998-07-10
  The court held that at least two of the trial court's reasons for an upward departure sentence were supported by a preponderance of the evidence, thus affirming the sentence.
• J.L.T. v. State
  717 So. 2d 68· Fla. 1st DCA· 1998-07-09 ·via Burden Of Proof By Preponderance Of The Evidence
  A juvenile offender appealed a moderate-risk residential commitment imposed without a Department of Juvenile Justice restrictiveness-level recommendation. The court affirmed, holding that the trial court adequately complied with statutory requirements by requesting the recommenda
• Simpson v. State
  712 So. 2d 1· Fla. 2d DCA· 1997-10-24
  William Simpson was convicted of second degree murder in the shooting death of his girlfriend and challenged his conviction and sentence on six grounds. The appellate court affirmed the conviction and most sentencing aspects, but reversed certain restitution awards to the victim'
• At & T Universal CardSERVICES Corp. v. Santos
  213 B.R. 387· M.D. Fla.· 1997-09-22
  The court affirmed the bankruptcy court's decision, finding that the appellant failed to meet its burden of proving actual fraud to make the debt non-dischargeable.