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

• State v. Sheiner
  10 Fla. Supp. 161· Dade Cty. Cir. Ct.· 1957-04-05
  This case involves disciplinary proceedings against Leo Sheiner, a Florida attorney, charged with unprofessional conduct and communist party membership. After two reversals by the Florida Supreme Court, the trial court ultimately dismissed the disbarment motion, finding the state
• Advisory Opinion to the Governor
  88 So. 2d 756· Fla.· 1956-06-21
  The Florida Supreme Court issued an advisory opinion to Governor LeRoy Collins regarding whether a vacancy existed in the Circuit Judge position of Judge C.E. Chillingworth of the Fifteenth Judicial Circuit, who mysteriously disappeared on June 15, 1955, and whether the Governor
• Scullen v. Braunberger
  225 F.2d 10· 8th Cir.· 1955-08-05
  The trial court erred in applying the "clear and convincing" standard of proof to a jury trial in a law action, as Iowa law requires only a preponderance of the evidence in such cases.
• De Veaux v. Ropner Shipping Co.
  212 F.2d 177· 5th Cir.· 1954-04-30
  The appellate court held that the libelant failed to prove by a preponderance of the evidence that he was injured while working on the Daleby, and therefore affirmed the lower court's judgment.
• Du Pont v. Du Pont
  5 Fla. Supp. 121· Dade Cty. Cir. Ct.· 1954-03-02
  In a divorce action, the trial court dismissed the plaintiff's complaint for lack of personal jurisdiction, finding that the plaintiff failed to establish bona fide residency in Florida for the statutory period despite extensive efforts to fabricate evidence of residence. The cou
• S. Pac. Co. v. Raish
  205 F.2d 389· 9th Cir.· 1953-05-29
  The court held that the trial court did not err in ruling that a covenant not to execute was a covenant not to sue, and that the issue of the appellant's negligence in constructing and maintaining an overpass with insufficient clearance was a question for the jury.
• Oechsner v. Four Brands, Inc.
  2 Fla. Supp. 46· Dade Cty. Cir. Ct.· 1952-04-21
  The court held that the deputy commissioner erred in disbelieving the claimant's account of an elevator accident and its causal link to her injuries.
• Mass. Bonding & Ins. Co. v. Reynolds
  194 F.2d 991· 5th Cir.· 1952-03-18
  The court held that the evidence was sufficient to present a jury question regarding whether the death resulted from an injury sustained in the course of employment, and the jury instructions were adequate.
• Atlas Inv. Co. v. Tax Collector
  2 Fla. Supp. 167· Monroe Cty. Cir. Ct.· 1949-12-16
  Atlas Investment Co. sued to enjoin collection of 1947 property taxes on the Casa Marina Hotel in Key West, claiming the assessments were excessive and discriminatory. The court upheld the tax assessor's valuations, finding no evidence of arbitrary, capricious, fraudulent, or dis
• Smith v. Lawrence
  128 F.2d 822· 5th Cir.· 1942-06-16
  The court held that a writ of habeas corpus cannot be used to relitigate issues that could have been raised on direct appeal, and the petitioner failed to prove his confession was coerced.
• Mershon v. Robinson
  121 F.2d 495· C.C.P.A.· 1941-06-30
  The court held that the appellant failed to establish by a preponderance of the evidence that they conceived and reduced to practice the invention prior to the filing date of the opposing party.
• McKAY v. Kellogg (NEW Foods, Inc.
  120 F.2d 363· C.C.P.A.· 1941-06-09
  The court held that the appellants failed to establish they were the first to conceive the invention, and there was a strong presumption that Kellogg, Jr. was the original inventor, which was not overcome by the evidence.
• Miami Transit Co. v. Stephens
  106 Fla. 353· Fla.· 1932-08-03
  Miami Transit Company sought certiorari to quash a circuit court order that reversed a trial court's grant of a new trial. The Florida Supreme Court held that an appellate court cannot reverse a trial court's discretionary order granting a new trial based on conflicting evidence
• Davis v. Hirschmann
  99 Fla. 590· Fla.· 1930-03-18
  In this personal injury action arising from an automobile collision, the Florida Supreme Court reversed a judgment for the defendant because the trial court gave erroneous jury instructions regarding the burden of proof and the effect of the defendant's pleas, which risked confus
• Schulte v. Frazee
  98 Fla. 496· Fla.· 1929-09-27
  The Florida Supreme Court reversed a judgment for malicious prosecution, holding that the plaintiff failed to prove both malice and want of probable cause, which are required elements for such a claim.
• Alvarino v. Rauch
  91 Fla. 293· Fla.· 1926-02-22
  The Florida Supreme Court reviewed a judgment for $28,326.02 awarded to egg merchants against a purchaser for non-payment. The Court found the verdict was not supported by the preponderance of evidence and ordered a conditional affirmance, requiring the plaintiff to remit $18,543
• Thomas v. Hayter
  80 Fla. 649· Fla.· 1920-11-03
  In an ejectment action, the Florida Supreme Court affirmed a judgment for the plaintiff based on a quit-claim deed from a foreclosure sale purchaser. The defendants, who had occupied the property after a mortgage foreclosure, were barred by the foreclosure decree from claiming an
• Igou v. Brady
  79 Fla. 699· Fla.· 1920-05-04
  Igou brought a replevin action to recover possession of mules sold to Brady with title reserved. The trial court gave a jury instruction that effectively directed a verdict for the defendants by stating there was no preponderance of evidence, which the Florida Supreme Court held
• Magee v. Bunting
  Del. Ch.·
  The court held that the plaintiff, Magee, owns the irrigation systems. The court found that the lease provision regarding improvements did not apply to pre-existing systems and that an oral agreement between Magee and the landlord's predecessor granted Magee ownership. Consequent