Variance Between Pleading And Proof

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

• Jarvis Gaines v. State
  800 So. 2d 732· Fla. 5th DCA· 2001-12-07 ·cited 3×
  Jarvis Gaines appeals the revocation of his probation following findings that he committed multiple violations including batteries and resisting law enforcement officers. The court affirms the revocation, holding that the evidence supports the violations and that due process requ
• Sater v. Stenor, Inc.
  160 Fla. 516· Fla.· 1948-06-01 ·cited 3×
  The court affirmed a directed verdict for the defendants, finding a fatal variance between the plaintiff's declaration and the evidence presented regarding commission for a real estate lease.
• Carlos v. State
  155 Fla. 740· Fla.· 1945-03-13 ·cited 3×
• State v. Mars
  498 So. 2d 402· Fla.· 1986-10-30 ·cited 2×
  A defendant has no valid former jeopardy defense where the second indictment alleges facts occurring at a different time than the first indictment, even though both prosecutions concern the same homicide, because the offenses charged are distinct rather than the same offense. The
• Beckwith v. United States
  293 F.2d 471· 5th Cir.· 1961-08-09 ·cited 2×
  The court held that the appellant made false claims to the Veterans Administration and that the evidence supported the district court's findings of forfeiture, double damages, and the amount of government loss.
• Milwaukee Mechanics' Ins. Co. v. Questa
  155 F.2d 139· 9th Cir.· 1946-04-26 ·cited 2×
  An oral agreement to issue a fire insurance policy can constitute a binding contract, obligating the insurer to pay the actual loss up to the agreed amount.
• Dubinsky Realty Co. v. Lortz
  129 F.2d 669· 8th Cir.· 1942-07-13 ·cited 2×
  The court held that the trial court erred by submitting a cause of action to the jury that was not pleaded by the plaintiffs and by failing to instruct the jury on all relevant transactions, specifically the exchange of the Palmer property.
• Williams v. Nationwide Credit, Inc.
  2012 U.S. Dist. LEXIS 130147· S.D. Fla.· 2012-09-10
• State v. Artis Leo Smith
  333 So. 2d 514· Fla. 2d DCA· 1976-06-16
  Florida appeals the dismissal of a bribery charge alleging the defendant offered bribes to police officers to refrain from arresting him for future, not-yet-committed gambling activities. The court reverses, holding that future unlawful activity can be the proper subject of a bri
• Penguin Int'l, Ltd. v. Cibola
  4 Fla. Supp. 140· Dade Cty. Cir. Ct.· 1953-01-02
  Penguin International sued Cibola on a $1,000 promissory note; Cibola counterclaimed for $2,000 in lost wages and business damages. After Penguin failed to reply to the counterclaim, the trial court entered a default judgment against Penguin on the counterclaim based solely on Ci
• Mfrs. Trading Corp. v. Harding
  181 F.2d 609· 7th Cir.· 1950-04-19
  The court held that the guarantors were discharged from their obligations because the plaintiff was fully reimbursed for its investment in the accounts receivable, and the accounts were reassigned to the original assignor.