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

• John Hancock Mut. Life Ins. Co. v. Greene
  43 Fla. Supp. 171· Duval Cty. Cir. Ct.· 1975-11-06
  This case addresses whether a widow who killed her husband can inherit his life insurance proceeds and estate assets. The court held that the common law principle preventing a wrongdoer from benefiting from his own wrong applies in civil probate proceedings, even when the crimina
• Montenegro v. Rainwater
  314 So. 2d 191· Fla. 3d DCA· 1975-06-17
  Montenegro appeals a trial court order granting a new trial after a jury verdict awarded him damages for personal injuries from an automobile accident. The appellate court affirmed the new trial order, finding no clear abuse of discretion by the trial judge.
• In the Interest of B.O.W.
  40 Fla. Supp. 93· Dade Cty. Cir. Ct.· 1974-02-07
  In this child dependency case, the Dade County Circuit Court upheld Florida's dependency statute against constitutional challenges and adjudicated B.O.W., an eight-month-old child with spiral fractures and skull fractures, as a dependent child due to parental child abuse. The cou
• Paynes v. LEE
  487 F.2d 1307· 5th Cir.· 1974-01-11
  The court held that where evidence is irreconcilably conflicting, the plaintiff, bearing the burden of proof, cannot prevail.
• Grad v. Copeland
  280 So. 2d 461· Fla. 4th DCA· 1973-06-22
  The dissenting judge held that the jury instructions were contradictory and confusing, preventing a fair consideration of the evidence, and thus the case should be remanded for a new trial.
• Aluminum Co. OF Am. v. The United States
  477 F.2d 1396· C.C.P.A.· 1973-05-24
  The court held that the importer's evidence was sufficient to establish a prima facie case, and the preponderance of the evidence favored the importer's claim that the fluorspar contained over 97% calcium fluoride.
• United States v. Willoz
  466 F.2d 492· 5th Cir.· 1972-08-10
  The court held that the district court's findings of fact regarding the absence of duress were supported by the record and the applicable evidentiary standard.
• United States v. Britt
  460 F.2d 1023· 5th Cir.· 1972-06-15
  The court held that the trial court erred by considering the truthfulness of the defendant's statement when determining its voluntariness. A new hearing is required, excluding that consideration.
• Fairchild v. Commissioner of Internal Revenue
  462 F.2d 462· 3d Cir.· 1972-05-22
  The court held that money advanced to a taxpayer, used as their own, is income if there was no intention to repay, and the Tax Court's finding on this issue was permissible.
• In the Interest v. D. B.
  261 So. 2d 857· Fla. 1st DCA· 1972-05-11
  The Florida District Court of Appeal held that in juvenile delinquency proceedings where the charged act would constitute a crime if committed by an adult, the standard of proof must be 'reasonable doubt' rather than 'preponderance of the evidence,' consistent with the U.S. Supre
• Jones v. Rowland
  457 F.2d 44· 10th Cir.· 1972-03-27
  The court held that the trustee sufficiently proved the bankrupt's insolvency at the time of the transfer by considering the corporation's financial status and rejecting speculative assets.
• Gaskins v. Tarpley
  456 F.2d 1149· 3d Cir.· 1972-02-16
  The court held that the jury's findings regarding diversity jurisdiction, the defendants' duty to warn, and the plaintiff's assumption of risk were supported by the evidence and not clearly erroneous.
• In re the Est. of Louis HEE v. Julianna Hee Toth
  252 So. 2d 846· Fla. 3d DCA· 1971-09-21
  In a probate dispute, the court affirmed the revocation of Louis Hee's will, which left his entire estate to the Watch Tower Bible and Tract Society, finding that members of Jehovah's Witnesses exercised undue influence over the elderly, isolated testator. The executor and will p
• LOR Prods., Inc. v. Valley Music Hall, Inc.
  447 F.2d 1010· 10th Cir.· 1971-09-03
  The court held that the trial court did not err in submitting the issue of mutual mistake to the jury, as there was sufficient evidence and conflicting inferences to warrant jury determination.
• Wedell v. Chevrolet
  251 So. 2d 145· Fla. 4th DCA· 1971-08-09
  A car dealer sold a customer a vehicle represented as a 1965 model when it was actually a 1964 model. The trial court directed a verdict for the defendant based on an incorrect legal standard requiring clear and convincing evidence for fraud. The appellate court reversed, holding
• Lewis v. Henderson
  446 F.2d 1010· 5th Cir.· 1971-07-15
  The court held that the district court did not err in denying the habeas corpus petition, finding that the appellant failed to prove ineffective assistance of counsel.
• Debose v. The MS Loppersum
  438 F.2d 642· 5th Cir.· 1971-02-11
  The court held that the plaintiff failed to prove the vessel was unseaworthy or that the defendants were negligent, affirming the trial court's judgment.
• Lennie Elizabeth Pate v. Mellen
  237 So. 2d 266· Fla. 1st DCA· 1970-07-14
  The court held that the standard of proof for forgery in a civil action is a preponderance of the evidence, not clear and convincing evidence required for fraud.
• Sydney Archer v. Maxwell Gordon and John J. Lafferty
  427 F.2d 1402· C.C.P.A.· 1970-07-09
  The court held that neither Gordon nor Archer proved diligence from immediately prior to Freter's priority date, thus affirming the Board of Patent Interferences' award of priority to Freter.
• In re Newton Milby Ellis
  429 F.2d 214· D.C. Cir.· 1970-06-29
  The court held that the standard of proof in juvenile delinquency proceedings for acts constituting crimes is proof beyond a reasonable doubt, not a preponderance of the evidence.
• Fed. Ins. Co. & Theodore R. Abdenour v. Mercer
  237 So. 2d 243· Fla. 4th DCA· 1970-06-24
  Federal Insurance Company and Theodore Abdenour appealed a replevin judgment in favor of R.B. Mercer for a 1966 Cadillac. The court reversed, holding that Mercer's Florida title certificate was invalid because it bore an incorrect identification number, and that the true owner (A
• Transportes Aereos Benianos v. Tilton
  229 So. 2d 319· Fla. 3d DCA· 1969-12-23
  The Third District Court of Appeal of Florida affirmed a trial court's judgment against the plaintiff, Transportes Aereos Benianos, S. A. (Tabsa), finding no reversible error in the trial court's determination that Tabsa failed to prove its case by a preponderance of the evidence
• Pohrybienyk v. Kirchner
  410 F.2d 1114· 6th Cir.· 1969-05-27
  The appellate court affirmed the jury's damage award, finding no abuse of discretion by the jury or the trial court in denying a new trial.
• Dade Cnty. Pub. Safety Dep't v. McKENN
  219 So. 2d 55· Fla. 3d DCA· 1969-02-25
  The appellate court held that the plaintiff failed to prove his case by a preponderance of the evidence, specifically failing to establish a right to possession of the property sought.
• England v. United States
  405 F.2d 862· 5th Cir.· 1968-12-30 ·via Burden Of Proof By Preponderance Of The Evidence
  The court held that the trial court's findings of fact were supported by substantial evidence and not clearly erroneous, leading to the affirmance of the judgment.
• Indem. Ins. Co. of N. Am. v. Se., Inc.
  402 F.2d 259· 10th Cir.· 1968-11-01
  The court held that the trial court's judgment was supported by sufficient evidence and was not excessive, and therefore would not be disturbed on appeal.
• Walter v. Ryan
  397 F.2d 872· C.C.P.A.· 1968-06-27
  The court affirmed the Board of Patent Interferences' decision, holding that the appellant (Walter) failed to prove conception or reduction to practice of the invention prior to the appellee's (Ryan's) filing date.
• Rosborough v. Allene G. Rosborough
  208 So. 2d 470· Fla. 1st DCA· 1968-03-26
  The appellate court affirmed a trial court's dismissal of a divorce action, finding sufficient evidence to support the trial court's conclusion that the plaintiff failed to prove residency in Florida for the statutory period required to establish jurisdiction.
• Parrish v. United States
  375 F.2d 320· D.C. Cir.· 1967-02-28
  The court held that the trial court's finding that the plaintiff failed to prove proximate causation between her physical injuries and psychiatric disorders was not clearly erroneous.
• Dianne v. Gardner
  359 F.2d 65· 5th Cir.· 1966-03-24
  The court held that the Secretary's denial of children's insurance benefits was supported by substantial evidence, and the District Court correctly granted summary judgment.
• Carusi v. Looker
  342 F.2d 112· C.C.P.A.· 1965-03-11
  The court affirmed the Board of Patent Interferences' decision awarding priority of invention to Looker, finding that Carusi failed to prove his priority by a preponderance of the evidence.
• Redfearn v. McKELVEY
  25 Fla. Supp. 24· Dade Cty. Small Cl. Ct.· 1965-01-27
  In this small claims court case, the court ruled against the plaintiff's negligence claim but awarded judgment to the defendant on a counterclaim for $215.94 plus costs. The court found that the plaintiff failed to yield the right of way in a private parking lot and thus breached
• Morse v. Berkshire Life Ins. Co.
  24 Fla. Supp. 13· Dade Cty. Small Cl. Ct.· 1964-11-02
  Plaintiff sued his health insurance company seeking $157.50 in additional surgical benefits for his wife's cancer operation. The court held that the insurance company properly limited payment based on policy maximums for comparable procedures, rejecting the plaintiff's claim that
• Coley Wasserburg v. Coastal Aluminum Prods. Constr. Co., Inc.
  167 So. 2d 889· Fla. 2d DCA· 1964-10-09
  In this bulk sales law case, the court affirmed judgment for a purchaser of business assets who failed to strictly comply with Florida's bulk sales statute. The court held that non-compliance raises only a rebuttable presumption of fraud, not a conclusive one, and that a creditor
• Clarke v. Cont'l Motors Corp.
  333 F.2d 363· 5th Cir.· 1964-06-24
  The trial court was not clearly erroneous in finding that the plaintiff failed to prove by a preponderance of the evidence that the engine failure was caused by a defect or improper installation of the snap ring by the defendant.
• Stebnow v. Goss
  165 So. 2d 251· Fla. 2d DCA· 1964-06-10
  The court reversed a $6,500 judgment against an estate administrator for alleged loans made by the plaintiff to the decedent, holding that cancelled checks alone are insufficient evidence of indebtedness under Florida's Dead Man's Statute, which limits interested witnesses from t
• Krumholz v. Goff
  318 F.2d 911· 6th Cir.· 1963-06-24
  The court denied the petition for rehearing, finding substantial evidence supported the breach of warranty finding and that appellate review standards were correctly applied.
• Am. OIL Co. v. Tice Towing Lines, Inc.
  312 F.2d 686· 2d Cir.· 1963-01-21
  The court held that the trial court's finding that the libellant failed to prove by a preponderance of the evidence that the respondent's barge struck the pier and caused the damage was not clearly erroneous and should be affirmed.
• Morrison v. Erie R.R. Co.
  311 F.2d 4· 6th Cir.· 1962-12-27
  The court held that the trial judge's supplemental instructions adequately answered the jury's question regarding the burden of proof in a civil case.
• Perlie Ramsey v. Montgomery Ward & Co., Inc.
  309 F.2d 141· 4th Cir.· 1962-10-09
  The court held that the trial court's findings of fact were not clearly erroneous and affirmed the judgment.
• Tracy v. Goldberg
  289 F.2d 467· 3d Cir.· 1961-04-18
  The court held that the trial judge's jury instructions regarding the burden of proof and witness credibility were accurate and did not cause prejudicial error. The admission of a letter and an office memorandum was also proper.
• Wong Kwai Sing v. Dulles
  265 F.2d 131· 9th Cir.· 1959-04-06
  The court held that the trial court's findings of fact were not clearly erroneous in rejecting the plaintiff's testimony regarding his parentage and U.S. citizenship.
• Ramsey v. United States
  263 F.2d 805· 9th Cir.· 1959-02-09
  The court held that the mere fact of a conviction for possessing untaxed spirits, coupled with the presence of the vehicle at the location of the offense, is insufficient to justify forfeiture without substantial circumstantial evidence linking the vehicle to the unlawful activit
• Gramling v. Moravek
  263 F.2d 373· 8th Cir.· 1959-01-28
  The court held that the plaintiff failed to prove actionable fraud and that the trial court's findings of fact and conclusions of law were supported by substantial evidence.
• Exner Sand & Gravel Corp. v. Petterson Lighterage & Towing Corp.
  258 F.2d 1· 2d Cir.· 1958-06-13
  A charterer is not liable for damage to a vessel that occurs after redelivery and is not a proximate or foreseeable result of the charterer's actions during the charter period.
• Passaro v. Norfolk & W. Ry. Co.
  254 F.2d 716· 4th Cir.· 1958-04-17
  The court held that the trial judge's factual finding that the plaintiff failed to prove his disability resulted from the defendant's negligence was not clearly erroneous.
• Neufeld v. Marte
  254 F.2d 164· C.C.P.A.· 1958-04-11
  The court held that the evidence supported the Board of Patent Interferences' decision awarding priority to Marte, finding he had an actual reduction to practice before Neufeld filed.
• PAM Shop, Inc. v. United States Fid. & Guar. Co.
  12 Fla. Supp. 106· Palm Beach Cty. Cir. Ct.· 1958-02-25
  PAM Shop sued USF&G on an insurance policy covering robbery losses. The court found that a theft of $818.16 in cash from the store constituted robbery under the policy and awarded damages plus attorney's fees.
• Allen v. Allen
  11 Fla. Supp. 64· Dade Cty. Cir. Ct.· 1957-10-09
  The court held that the plaintiff failed to prove by a preponderance of the evidence that he was a bona fide resident of the state for the required statutory period at the time of filing suit.
• Bertrand H. Perry v. Perry
  97 So. 2d 152· Fla. 3d DCA· 1957-09-26
  The appellate court affirmed the denial of divorce but reversed the award of separate maintenance.