37 Florida opinions name it 4 courts 1944–2025 6 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Green v. Stategreen2 sentences2023P. 3.850(f)(8)(B) ("At an evidentiary hearing, the defendant shall have the burden of presenting evidence and the burden of proof in support of his or her motion, unless otherwise provided by law."); Tribbitt v. State, 339 So. 3d 1029 , 1033 (Fla. 2d DCA 2022) ("Mr. Tribbitt would be required to prove at an evidentiary hearing that the twenty-year plea offer existed."); Green v. State, 857 So. 2d 304, 305 (Fla. 2d DCA 2003) ("Green had the burden of proving his claim of ineffective assistance of counsel."); Morgan v. State, 912 So. 2d 642, 643 (Fla. 5th DCA 2005) ("Morgan offers no allegation 2023P. 3.850(f)(8)(B) ("At an evidentiary hearing, the defendant shall have the burden of presenting evidence and the burden of proof in support of his or her motion, unless otherwise provided by law."); Tribbitt v. State, 339 So. 3d 1029 , 1033 (Fla. 2d DCA 2022) ("Mr. Tribbitt would be required to prove at an evidentiary hearing that the twenty-year plea offer existed."); Green v. State, 857 So. 2d 304, 305 (Fla. 2d DCA 2003) ("Green had the burden of proving his claim of ineffective assistance of counsel."); Morgan v. State, 912 So. 2d 642, 643 (Fla. 5th DCA 2005) ("Morgan offers no allegation | 3 | 3 |
State v. DiGuiliogreen2 sentences2025State v. DiGuilio, 491 So. 2d 1129, 1135 (Fla. 1986). 1987See Butler v. State, 493 So.2d 451 (Fla.1986), and State v. DiGuilio, 491 So.2d 1129 (Fla.1986). | 2 | 2 |
Morgan v. Stategreen2 sentences2023P. 3.850(f)(8)(B) ("At an evidentiary hearing, the defendant shall have the burden of presenting evidence and the burden of proof in support of his or her motion, unless otherwise provided by law."); Tribbitt v. State, 339 So. 3d 1029 , 1033 (Fla. 2d DCA 2022) ("Mr. Tribbitt would be required to prove at an evidentiary hearing that the twenty-year plea offer existed."); Green v. State, 857 So. 2d 304, 305 (Fla. 2d DCA 2003) ("Green had the burden of proving his claim of ineffective assistance of counsel."); Morgan v. State, 912 So. 2d 642, 643 (Fla. 5th DCA 2005) ("Morgan offers no allegation 2023P. 3.850(f)(8)(B) ("At an evidentiary hearing, the defendant shall have the burden of presenting evidence and the burden of proof in support of his or her motion, unless otherwise provided by law."); Tribbitt v. State, 339 So. 3d 1029 , 1033 (Fla. 2d DCA 2022) ("Mr. Tribbitt would be required to prove at an evidentiary hearing that the twenty-year plea offer existed."); Green v. State, 857 So. 2d 304, 305 (Fla. 2d DCA 2003) ("Green had the burden of proving his claim of ineffective assistance of counsel."); Morgan v. State, 912 So. 2d 642, 643 (Fla. 5th DCA 2005) ("Morgan offers no allegation | 2 | 2 |
Colorado v. Connellygreen2 sentences2000See Colorado v. Connelly, 479 U.S. 157, 168-69 , 107 S.Ct. 515, 522-23 , 93 L.Ed.2d 473 (1986). *598 Sliney v. State, 699 So.2d 662, 668 (Fla. 1997), cert. denied, 522 U.S. 1129 , 118 S.Ct. 1079 , 140 L.Ed.2d 137 (1998). 2000See Colorado v. Connelly, 479 U.S. 157, 168-69 , 107 S.Ct. 515, 522-23 , 93 L.Ed.2d 473 (1986). *598 Sliney v. State, 699 So.2d 662, 668 (Fla. 1997), cert. denied, 522 U.S. 1129 , 118 S.Ct. 1079 , 140 L.Ed.2d 137 (1998). | 2 | 2 |
Harriman v. Stategreen1 sentence2024Harriman v. State, 174 So. 3d 1044, 1050 (Fla. 1st DCA 2015). | 1 | 1 |
Deloitte, Haskins and Sells v. S. FIN. HOLDING CORP.green1 sentence2022Holding Corp., 566 So. 2d 906, 906 (Fla. 4th DCA 1990) (“To obtain access to these [financial records], respondent must make out a prima facie case that Central . . . has waived 6 its [accountant-client] privilege.”); Palm Beach Cnty. | 1 | 1 |
Jacobs v. Westgategreen1 sentence2021Cf. Jacobs v. Westgate, 766 So. 2d 1175, 1180 (Fla. 3d DCA 2000) (in which the plaintiff claimed that the defendants violated section 83.67, Florida Statutes (1997), and “the defendants had the burden of proving the defense of comparative negligence”). | 1 | 1 |
Burkley v. Burkleygreen1 sentence2019Burkley v. Burkley, 911 So. 2d 262, 269 (Fla. 5th DCA 2005). | 1 | 1 |
Physicians Reference Laboratory, Inc. v. DANIEL SECKINGER, MD AND ASSOCIATES, PAgreen1 sentence2017See Physicians Reference Lab., Inc. v. Daniel Seckinger, M.D. & Assocs., P.A., 501 So. 2d 107 , 109 n.1 (Fla. 3d DCA 1987). "[L]ost profits 'must be proven with a reasonable degree of certainty before [the loss] is recoverable.' " Paul Gottlieb & Co. v. Alps S. Corp., 985 So. 2d 1, 9 (Fla. 2d DCA 2007) (second alteration in original) (quoting Shadow Lakes, Inc. v. Cudlipp Constr. & Dev. | 1 | 1 |
Paul Gottlieb & Co. v. Alps South Corp.green1 sentence2017See Physicians Reference Lab., Inc. v. Daniel Seckinger, M.D. & Assocs., P.A., 501 So. 2d 107 , 109 n.1 (Fla. 3d DCA 1987). "[L]ost profits 'must be proven with a reasonable degree of certainty before [the loss] is recoverable.' " Paul Gottlieb & Co. v. Alps S. Corp., 985 So. 2d 1, 9 (Fla. 2d DCA 2007) (second alteration in original) (quoting Shadow Lakes, Inc. v. Cudlipp Constr. & Dev. | 1 | 1 |
Williams v. Stategreen1 sentence2009Williams v. State, 974 So.2d 405, 407 (Fla. 2d DCA 2007) (citation omitted). | 1 | 1 |
DEPT. OF BANKING & FIN. v. Osborne Sterngreen2 sentences2009In a detailed nineteen-page recommended order, the ALJ concluded that, because the imposition of a fine was punitive in nature, the Division had the burden of proving the violation by clear and convincing evidence, citing to Department of Banking & Finance Division of Securities & Investor Protection v. Osborne Stern & Co., 670 So.2d 932, 935 (Fla.1996). 2009In a detailed nineteen-page recommended order, the ALJ concluded that, because the imposition of a fine was punitive in nature, the Division had the burden of proving the violation by clear and convincing evidence, citing to Department of Banking & Finance Division of Securities & Investor Protection v. Osborne Stern & Co., 670 So.2d 932, 935 (Fla.1996). | 1 | 1 |
Soto v. Stategreen1 sentence2008See Soto v. State, 727 So.2d 1044, 1046 (Fla. 2d DCA 1999) (noting that the State has the burden of proving a violation of probation is both willful and substantial). | 1 | 1 |
Koon v. Stategreen1 sentence2007Rodriguez-Aguirre, 73 F.3d at 1025 (citing United States v. Daniels, 857 F.2d 1392, 1394 (10th Cir.1988)); see also Koon v. State, 463 So.2d 201, 203 (Fla.1985) (stating that it was defendant's burden to show a double jeopardy violation). | 1 | 1 |
United States v. Donald R. Danielsgreen1 sentence2007Rodriguez-Aguirre, 73 F.3d at 1025 (citing United States v. Daniels, 857 F.2d 1392, 1394 (10th Cir.1988)); see also Koon v. State, 463 So.2d 201, 203 (Fla.1985) (stating that it was defendant's burden to show a double jeopardy violation). | 1 | 1 |
White v. Stategreen1 sentence2005White v. State, 757 So.2d 542, 546 (Fla. 4th DCA 2000). | 1 | 1 |
Florida Mining & Materials v. Mobleygreen1 sentence2004On appeal, we are compelled to affirm so long as that "ruling ... is supported by competent substantial evidence... even though there may be some persuasive evidence to the contrary." Fla. Mining & Materials v. Mobley, 649 So.2d 934, 934 (Fla. 1st DCA 1995). | 1 | 1 |
Schofield v. Stategreen1 sentence2003See Schofield v. State, 681 So.2d 736, 738 (Fla. 2d DCA 1996). | 1 | 1 |
Sliney v. Floridagreen1 sentence2000See Colorado v. Connelly, 479 U.S. 157, 168-69 , 107 S.Ct. 515, 522-23 , 93 L.Ed.2d 473 (1986). *598 Sliney v. State, 699 So.2d 662, 668 (Fla. 1997), cert. denied, 522 U.S. 1129 , 118 S.Ct. 1079 , 140 L.Ed.2d 137 (1998). | 1 | 1 |
Owens v. Illinoisgreen1 sentence2000See Colorado v. Connelly, 479 U.S. 157, 168-69 , 107 S.Ct. 515, 522-23 , 93 L.Ed.2d 473 (1986). *598 Sliney v. State, 699 So.2d 662, 668 (Fla. 1997), cert. denied, 522 U.S. 1129 , 118 S.Ct. 1079 , 140 L.Ed.2d 137 (1998). | 1 | 1 |
Sliney v. Stategreen1 sentence2000See Colorado v. Connelly, 479 U.S. 157, 168-69 , 107 S.Ct. 515, 522-23 , 93 L.Ed.2d 473 (1986). *598 Sliney v. State, 699 So.2d 662, 668 (Fla. 1997), cert. denied, 522 U.S. 1129 , 118 S.Ct. 1079 , 140 L.Ed.2d 137 (1998). | 1 | 1 |
FLORIDA ASS'N OF WORKERS v. Guillaumegreen1 sentence2000See Florida Ass'n of Workers for the Blind, Inc. v. Guillaume, 618 So.2d 275 (Fla. 3 DCA 1993). | 1 | 1 |
| Cuozzo v. Ronan & Kunzl, Inc.green | 1 | 1 |
| Butler v. Stategreen | 1 | 1 |
| Cobbs v. Grantgreen | 1 | 1 |
| Fortenberry v. Mandellgreen | 1 | 1 |
| Smith v. Town of Bithlogreen | 1 | 1 |
| Burton v. Keatongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Johnson v. Dicks
green
2 sentences1958Johnson v. Dicks, Fla. 1954, 76 So.2d 657 . 1957Johnson v. Dicks, Fla. 1954, 76 So.2d 657 . | 2 | 1957–1958 |
Dixon v. United States
green
2 sentences2013Ultimately, the Supreme Court concluded that in “the context of the firearms offenses at issue— as will usually be the case, given the long-established common-law rule — we presume that Congress intended the petitioner to bear the burden of proving the defense of duress by a preponderance of the evidence.” Id. at 17 , 126 S.Ct. 2437 . 2013Ultimately, the Supreme Court concluded that in “the context of the firearms offenses at issue— as will usually be the case, given the long-established common-law rule — we presume that Congress intended the petitioner to bear the burden of proving the defense of duress by a preponderance of the evidence.” Id. at 17 , 126 S.Ct. 2437 . | 1 | 2013–2013 |
Smith v. United States
green
2 sentences2013In the recent decision, Smith v. United States, — U.S. -, 133 S.Ct. 714 , 184 L.Ed.2d 570 (2013), the Supreme Court reiterated that the allocation of the burden of proof of an affirmative defense is a question of legislative intent. 2013In the recent decision, Smith v. United States, — U.S. -, 133 S.Ct. 714 , 184 L.Ed.2d 570 (2013), the Supreme Court reiterated that the allocation of the burden of proof of an affirmative defense is a question of legislative intent. | 1 | 2013–2013 |
C & E PARTNERSHIP v. Donnelly
green
1 sentence2009C & E Partnership v. Donnelly, 235 Va. 301 (1988). | 1 | 2009–2009 |
United States v. Gabriel Rodriguez-Aguirre
green
1 sentence2007Rodriguez-Aguirre, 73 F.3d at 1025 (citing United States v. Daniels, 857 F.2d 1392, 1394 (10th Cir.1988)); see also Koon v. State, 463 So.2d 201, 203 (Fla.1985) (stating that it was defendant's burden to show a double jeopardy violation). | 1 | 2007–2007 |
Morris v. State
green
1 sentence2001For example, in Morris v. State, 680 So.2d 1096 (Fla. 3d DCA 1996), the court reversed the defendant's conviction and remanded for a new trial because, under Melbourne , the trial court erred in denying the defendant's peremptory challenge. | 1 | 2001–2001 |
Molina v. State
green
1 sentence1990Accordingly, we see no reason not to treat entrapment like any other affirmative defense in Florida by placing the burden of proving that defense on the defendant. [5] See, e.g., Molina v. State, 561 So.2d 425 (Fla. 3d DCA 1990) (defendant in criminal case has burden of proving affirmative defense). [6] The entrapment statute also changed the common law defense of entrapment by providing that "[t]he issue of entrapment shall be tried by the trier of fact." Under the common law, the objective test was a threshold question of law for the court; the determination of predisposition was a question | 1 | 1990–1990 |
State v. Wheeler
green
1 sentence1990Wheeler, 468 So.2d at 981 . | 1 | 1990–1990 |
| Knight v. State green | 1 | 1988–1988 |
| Peavey v. City of Miami Magic City Airways, Inc. green | 1 | 1987–1987 |
| First Nat. Bank v. Keshishian green | 1 | 1987–1987 |
| Key Bank v. First United Land Title Co. green | 1 | 1987–1987 |
| Ossip-Harris Ins., Inc. v. BARNETT BANK OF SO. FLA., NA green | 1 | 1987–1987 |
| Flagship Bank of Seminole v. Complete Interiors, Inc. green | 1 | 1987–1987 |
| Leland v. Oregon green | 1 | 1985–1985 |
| Hankerson v. North Carolina green | 1 | 1985–1985 |
| Patterson v. New York green | 1 | 1985–1985 |
| Yohn v. State green | 1 | 1985–1985 |
| People v. Johnson green | 1 | 1984–1984 |
| United States v. Maynard Francis Hayes green | 1 | 1984–1984 |
| Warren v. Waterville Urban Renewal Authority green | 1 | 1984–1984 |
| Mitchell v. Robinson green | 1 | 1983–1983 |
| Wilkinson v. Vesey green | 1 | 1983–1983 |
| Wale v. Barnes green | 1 | 1983–1983 |
| Hamilton v. Hardy green | 1 | 1983–1983 |
| Miller v. Kennedy green | 1 | 1983–1983 |
| Collins v. Meeker green | 1 | 1983–1983 |
| Miller v. Kennedy green | 1 | 1983–1983 |
| Malcolm v. Patrick green | 1 | 1963–1963 |
| Arkin Construction Company v. Simpkins green | 1 | 1960–1960 |
| Davis v. Strople green | 1 | 1953–1953 |
| Wood v. Hammel green | 1 | 1944–1944 |
| Holsz v. Stephen green | 1 | 1944–1944 |
| Myers v. Myers neutral | 1 | 1944–1944 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.