Reasonable Inferences From Evidence

74 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Herold v. Computer Components Int'l, Inc.
  252 So. 2d 576· Fla. 4th DCA· 1971-09-17 ·cited 74×
  Herold appeals from dismissal of his complaint for failure to provide complete answers to interrogatories and from summary judgment in favor of Computer Components International. The appellate court reversed, holding that dismissal was too severe a sanction where the plaintiff ma
• United States v. Junior Wayne McCOLGIN
  535 F.2d 471· 8th Cir.· 1976-05-17 ·cited 54×
  The court held that the evidence was sufficient to support the jury's conviction, the trial court's questioning of witnesses was not prejudicial, and the denial of a new trial based on newly discovered evidence was not an abuse of discretion.
• United States v. Collins
  552 F.2d 243· 8th Cir.· 1977-03-28 ·cited 52×
  The court affirmed convictions, finding sufficient evidence for conspiracy and distribution, that jury instructions were properly handled or waived, and that prior convictions could be used for impeachment.
• Conahan v. State
  844 So. 2d 629· Fla.· 2003-01-16 ·cited 50×
  Daniel Conahan was convicted of first-degree murder and kidnapping for the death of Richard Montgomery, whom he lured to a secluded area under the pretense of paying him to pose for nude photographs, tied to a tree, and strangled to death. The Florida Supreme Court affirmed both
• Caylor v. Virden
  217 F.2d 739· 8th Cir.· 1955-01-05 ·cited 30×
  The court held that the plaintiff's allegations and deposition testimony, when viewed favorably, could support an inference of physical injury, precluding summary judgment.
• Bryan v. Loftin
  51 So.2d 724· Fla.· 1951-04-06 ·cited 30×
  The Florida Supreme Court reversed a directed verdict for defendants in a personal injury case arising from a railroad crossing collision, holding that the trial court improperly withdrew the case from the jury when conflicting evidence existed.
• R.J.K. v. State
  928 So. 2d 499· Fla. 2d DCA· 2006-05-10 ·cited 24×
  R.J.K., a juvenile, was adjudicated delinquent for burglary of a dwelling and grand theft based on evidence presented by the prosecution. The Florida Second District Court of Appeal reversed the adjudication, finding the evidence insufficient to prove either offense beyond a reas
• Ehrans v. Miami Transit Co.
  155 Fla. 394· Fla.· 1944-12-22 ·cited 24×
  The court held that the plaintiff's own witnesses did not establish sufficient evidence of negligence to warrant submission to the jury, and the occurrence was accidental.
• Thomas v. Conemaugh & Black Lick R.R. Co.
  234 F.2d 429· 3d Cir.· 1956-06-11 ·cited 22×
  The court held that there was sufficient evidence to present a jury question on negligence and causation, and that the jury's verdict was supported by an evidentiary basis, thus it could not be disturbed.
• Augustin Fleurimond v. State
  10 So. 3d 1140· Fla. 3d DCA· 2009-05-27 ·cited 21×
  Augustin Fleurimond appeals his conviction for drug trafficking and possession. The Third District Court of Appeal reversed and remanded for a new trial, finding that the State violated a pretrial order in limine by introducing prejudicial testimony about the area being known for
• Kent v. State
  702 So. 2d 265· Fla. 5th DCA· 1997-12-05 ·cited 20×
  Willie Kent appeals his convictions for burglary, kidnapping, and sexual battery with a weapon, challenging the denial of a competency hearing, the sufficiency of evidence for kidnapping, and prosecutorial misconduct during closing argument. The Fifth District Court of Appeal aff
• Kuhn v. Telford
  115 So. 2d 36· Fla. 2d DCA· 1959-03-13 ·cited 20×
  A negligence action arising from a 1955 automobile collision resulted in a judgment against truck drivers after their second trial. The appellate court reversed and remanded for a new trial, finding that the trial court erred in granting a directed verdict on liability because ev
• McALLISTER v. Miami Daily News
  154 Fla. 370· Fla.· 1944-04-25 ·cited 19×
  In this negligence case, a pedestrian injured by an automobile struck by an employee of the Miami Daily News sued for damages on theories of agency, employment, and master-servant relationships. The trial court directed a verdict for the defendant, and the Florida Supreme Court a
• State v. Odom
  56 So. 3d 46· Fla. 5th DCA· 2011-01-28 ·cited 18×
  The State appealed from a trial court order granting the defendant's post-verdict motion for judgment of acquittal on a trafficking charge. The appellate court reversed, holding that sufficient evidence supported the jury's guilty verdict based on the defendant's involvement in m
• Bates v. Hensley
  414 F.2d 1006· 8th Cir.· 1969-09-03 ·cited 18×
  The court held that the defendant's contributory negligence in failing to keep a proper lookout and yield to oncoming traffic barred recovery, even if the plaintiff was also negligent.
• Nolan v. Bailey
  254 F.2d 638· 7th Cir.· 1958-05-08 ·cited 18×
  The court held that the notice of appeal was sufficient despite a technical defect, and that the trial court erred in directing a verdict for the defendants as there was sufficient evidence of negligence for the jury.
• Kegler v. State
  313 So. 3d 824· Fla. 2d DCA· 2021-01-13 ·cited 15×
  The appellate court reversed the revocation of community control and the resulting sentences, finding the state failed to prove a willful and substantial violation. The court held that simply failing to answer a door or phone at an early hour, without more, does not constitute su
• United States v. Braithwaite
  709 F.2d 1450· 11th Cir.· 1983-07-22 ·cited 14×
  The court held that the appellants' contentions lacked merit, affirming their convictions.
• Sparks v. Ober
  216 So. 2d 483· Fla. 3d DCA· 1968-12-10 ·cited 14×
  Plaintiff appealed from a directed verdict entered in favor of bar owners after plaintiff's case concluded, alleging the bartender-employee was negligent in failing to warn patrons or take protective action after hearing a patron threaten to get his gun and return. The court held
• NEW v. State
  211 So. 2d 35· Fla. 2d DCA· 1968-05-29 ·cited 14×
  David New was convicted of breaking and entering a tavern with intent to commit a misdemeanor. On appeal, he challenged the sufficiency of circumstantial evidence and alleged improper search and seizure, but the court affirmed his conviction, finding the evidence legally sufficie
• Fanny Berlin and Irving Berlin v. Southgate Corp.
  142 So. 2d 362· Fla. 3d DCA· 1962-06-19 ·cited 14×
  The court held that genuine issues of material fact existed regarding negligence and contributory negligence, precluding summary judgment.
• Seco v. Alfred Meyers Trucking, Inc.
  208 So. 2d 265· Fla. 3d DCA· 1968-03-19 ·cited 12×
  A passenger in a car struck by a truck at an intersection appeals a directed verdict entered for the truck driver and vehicle owner. The Florida appellate court reversed, holding that the trial judge improperly directed a verdict when the evidence could support a reasonable infer
• Barr v. Mizrahi
  124 So. 2d 508· Fla. 2d DCA· 1960-10-26 ·cited 12×
  Plaintiffs Thomas and Emma Kate Barr sued for personal injuries from a traffic collision at an uncontrolled intersection in Tampa. The jury awarded them $4,278.58, but the trial court set aside the verdict and entered judgment for defendants based on finding plaintiff was contrib
• Norman v. Mandarin Emergency Care Ctr., Inc.
  490 So. 2d 76· Fla. 1st DCA· 1986-01-15 ·cited 11×
  The Normans appealed a medical malpractice judgment against a clinic and physician that was reduced by 50% based on a jury finding of comparative negligence. The appellate court reversed, holding that the record contained insufficient evidence of the plaintiff's comparative negli
• Roy "Pat" Marcoux v. VAN WYK
  572 F.2d 651· 8th Cir.· 1978-03-29 ·cited 11×
  The court held that the trial court should have granted judgments notwithstanding the verdict for the Bank and FDIC because there was insufficient evidence to show plaintiffs would have had a reasonable chance to collect their debts had the bank met the midnight deadline; the cau
• Caudill v. Farmland Indus., Inc.
  919 F.2d 83· 8th Cir.· 1990-11-15 ·cited 10×
  The court held that there was insufficient evidence to support a finding that Farmland caused the plaintiff's termination by Waco Coop, thus affirming the district court's grant of judgment n.o.v.
• United States v. Finnerty
  470 F.2d 78· 3d Cir.· 1972-11-29 ·cited 10×
  The court held that sufficient evidence remained to support the jury's finding of knowledge regarding the counterfeit note transaction.
• Snorgrass v. Sears
  275 F.2d 691· 7th Cir.· 1960-03-01 ·cited 10×
  The dissenting judge would hold that the decedent was contributorily negligent as a matter of law and that judgment should have been entered for the defendant.
• Harvey v. Maistrosky
  114 So. 2d 810· Fla. 2d DCA· 1959-10-09 ·cited 10×
  A customer injured when a canvas stool collapsed while trying on shoes in a self-service shoe store appeals from a directed verdict for the defendant. The appellate court reverses, holding that liability and the customer's status as an invitee are jury questions because the stool
• State v. Rand
  209 So. 3d 660· Fla. 1st DCA· 2017-02-10 ·cited 9×
  The Florida District Court of Appeal affirmed a trial court's suppression of evidence obtained from an unlawful arrest for trespassing. A school district officer arrested Ricky Rand for using a school track at night despite conspicuous posted signs inviting public access after ho
• Heyman v. Weinstein
  333 So. 2d 548· Fla. 3d DCA· 1976-04-20 ·cited 8×
  The court held that the trial court erred in granting judgment notwithstanding the verdict because the jury had sufficient evidence to reasonably find for the plaintiff.
• AIR Travel Assocs., Inc. v. E. AIR Lines, Inc.
  273 So. 2d 3· Fla. 3d DCA· 1973-02-14 ·cited 8×
  Air Travel Associates appeals a directed verdict in favor of Eastern Air Lines, claiming Eastern wrongfully appropriated its novel travel club marketing plan. The court affirmed the directed verdict, holding that the plaintiff failed to present evidence establishing that its plan
• Jones v. Hoffman
  239 So. 2d 76· Fla. 4th DCA· 1970-07-29 ·cited 8×
  Hazel Jones appealed the trial court's directed verdict in favor of defendants in a wrongful death action arising from a collision between her husband's Karman Ghia and a Mack dump truck operated by Philip Francis Hoffman, Jr. and owned by Pav-A-Way Corporation. The appellate cou
• Greer v. Thweatt
  202 So. 2d 574· Fla. 1st DCA· 1967-09-19 ·cited 8×
  A judgment notwithstanding the verdict was improperly entered because reasonable minds could differ on the issue of the plaintiff's contributory negligence.
• Lloyd v. McKENNA
  179 So. 2d 583· Fla. 3d DCA· 1965-11-09 ·cited 8×
  A passenger in a taxi cab sued both the cab company and another driver following an intersection collision. The jury found the other driver (McKenna) not liable and held only the cab company responsible. The passenger appealed, arguing the trial court erred by failing to direct a
• Nat'l Labor Relations Bd. v. Plaskolite, Inc.
  309 F.2d 788· 6th Cir.· 1962-11-07 ·cited 8×
  The court held that the National Labor Relations Board's findings of unfair labor practices were supported by substantial evidence and that the Board's order should be enforced.
• Dolgen Corp, LLC v. Doty
  383 So. 3d 864· Fla. 5th DCA· 2024-03-22 ·cited 7×
  Dollar General appealed the denial of its motion for directed verdict in a slip and fall negligence case, arguing insufficient evidence that it had knowledge of a water hazard. The Fifth District affirmed, holding that circumstantial evidence of actual knowledge—including employe
• Williams v. Hutson
  186 So. 2d 558· Fla. 2d DCA· 1966-05-18 ·cited 7×
  In this wrongful death negligence case, the court reversed a directed verdict for the defendant driver, holding that the evidence raised a jury question about whether the defendant was negligent in failing to swerve to avoid striking a two-and-a-half-year-old child in a residenti
• Brown v. State
  199 So. 3d 1010· Fla. 4th DCA· 2016-06-29 ·cited 6×
  Joseph Brown III appealed his convictions for burglary, grand theft, and resisting an officer without violence. The Fourth District Court of Appeal reversed the resisting conviction, finding insufficient evidence that Brown knew of police's intent to detain him, but affirmed the
• Allstate Ins. Co. v. Gordon
  364 So. 2d 44· Fla. 3d DCA· 1978-10-31 ·cited 6×
  The court held that the policyholder was not temporarily residing at the North Miami Avenue address at the time of the theft, and therefore the loss was not covered under the policy's exclusion.
• Ragnar A. Thorsell and Jane Pribek Thorsell v. Miller
  180 So. 2d 677· Fla. 2d DCA· 1965-12-01 ·cited 6×
  The court held that the trial court erred in directing a verdict for the defendant after a jury verdict, as there was sufficient evidence for the jury to reasonably infer ownership of the vehicle.
• Grohs v. State
  944 So. 2d 450· Fla. 4th DCA· 2006-11-22 ·cited 5×
  Steven Grohs was convicted under Florida Statute 847.0135(3) for using online communications to seduce, solicit, lure, or entice a person he believed to be a 15-year-old child to engage in illegal sexual conduct. On appeal, Grohs challenged the trial court's answer to a jury ques
• Allen v. Kamp's Beauty Salon, Inc.
  177 So. 2d 678· Fla. 3d DCA· 1965-07-27 ·cited 5×
  An 80-year-old woman slipped and fell on water at a beauty salon while undergoing hair treatment. The trial court granted summary judgment for the defendant, but the appellate court reversed, holding that genuine issues of material fact existed regarding the salon's negligence an
• Jackson v. Harrell
  171 So. 2d 633· Fla. 1st DCA· 1965-02-04 ·cited 5×
  Plaintiff Florence Jackson appeals a directed verdict in her negligence action against defendants Adrian and Betty Harrell arising from an automobile collision. The court affirmed the directed verdict, holding that plaintiff presented insufficient evidence of defendant negligence
• Bahram Azin v. State
  400 So. 3d 733· Fla. 3d DCA· 2024-10-16 ·cited 4×
  The evidence was legally sufficient to support convictions for armed kidnapping and aggravated battery with a firearm despite the absence of a recovered firearm, based on the victims' detailed and consistent testimony describing Azin's use of a small black handgun during the crim
• United States v. Smith
  982 F.2d 681· 1st Cir.· 1993-01-05 ·cited 4×
  The court held that the prosecutor's closing argument, while containing some improprieties, did not deprive the defendant of a fair trial and did not affect the outcome of the trial.
• McMILLION v. Whalen
  553 So. 2d 1376· Fla. 2d DCA· 1989-12-22 ·cited 4×
  In this negligence case, appellants challenged a jury verdict finding that Mrs. McMillion suffered no permanent injury from a low-speed automobile accident. The Florida appellate court affirmed the verdict, holding that reasonable inferences from the evidence supported the jury's
• United States v. Halprin
  450 F.2d 322· 9th Cir.· 1971-10-20 ·cited 4×
  The court held that the denial of a continuance, the search of the defendant's person, and the sufficiency of the evidence were all proper.
• Sid Sloane v. Merrill Lynch
  221 So. 2d 451· Fla. 3d DCA· 1969-04-15 ·cited 4×
  A stock broker customer sued Merrill Lynch for damages after losing money on Anken Chemical stock when the broker failed to timely notify him of a repurchase offer from the original sellers due to concerns the stock was unregistered. The court affirmed summary judgment dismissing
• Frances E. Moreno for Ernest R. Moreno, Jr. v. Elliot L. Richardson
  484 F.2d 899· 9th Cir.· 1973-08-21 ·cited 3×
  The court held that the Secretary misinterpreted California law regarding legitimation, and the child should be deemed legitimate under state law, thus entitling them to child's survivor's insurance benefits.