qualitative and quantitative standard in Florida

2015Clear and convincing evidence is “ ‘a standard which requires more proof than a “preponderance of the evidence” but less than “beyond and to the exclusion of a reasonable doubt.” ’ ” In re Henson, 913 So.2d 579, 589 (Fla.2005) (quoting In re Graziano, 696 So.2d 744, 753 (Fla.1997)). *369 In In re Davey, 645 So.2d 398 (Fla.1994), this Court fleshed out its standard of review in JQC inquiries: This intermediate level of proof entails both a qualitative and quantitative standard.

1994Our supreme court recently defined “clear and convincing evidence” in Inquiry Concerning a Judge, 645 So.2d 398 (Fla.1994), as follows: This intermediate level of proof entails both a qualitative and quantitative standard.

2026The evidence must be credible; the memories of the witnesses must be clear and without confusion; and the sum total of the evidence must be of sufficient weight to convince the trier of fact without hesitancy." G.W.B. v. J.S.W., 658 So. 2d 961, 967 (Fla. 1995) (alteration in original) (quoting In re Davey, 645 So. 2d 398, 404 (Fla. 1994)). 7 We review the trial court's order to determine whether the trial court's findings are supported by competent, substantial evidence.

2018The evidence must be credible; the memories of the witnesses must be clear and without confusion; and the sum total of the evidence must be of sufficient weight to convince the trier of fact without hesitancy.” Fla. Dep’t of Children & Families v. F.L., 880 So. 2d 602 , 614 n.7 (Fla. 2004) (Cantero, J., concurring) (quoting In re Adoption of Baby E.A.W., 658 So. 2d 961, 967 (Fla. 1995)).

2023The evidence must be credible; the memories of witnesses must be clear and without confusion; and the sum total of the evidence must be of sufficient weight to convince the trier of fact without hesitancy." Edwards v. State, 257 So. 3d 586, 588 (Fla. 1st DCA 2018).

2020The evidence must be credible; the memories of the witnesses must be clear and without confusion; and the sum total of the evidence must be of sufficient weight to convince the trier of fact without hesitancy.” In re N.F., 82 So. 3d 1188, 1191 (Fla. 2d DCA 2012) (alteration in original) (quoting In re Davey, 645 So. 2d 398, 404 (Fla. 1994)).

2018The evidence must be credible; the memories of witnesses must be clear and without confusion; and the sum total of the evidence must be of sufficient weight to convince the trier of fact without hesitancy.” Even if the appellate court “may have decided this case differently had we been the trier of fact, ‘it is not the function of this court to reweigh the evidence and substitute our judgment for that of the trial court.’” J.B. v. C.S., 186 So. 3d 1142, 1143 (Fla. 1st DCA 2016) (quoting In the Interest of R.D.D., 518 So. 2d 412, 415 (Fla. 2d DCA 1988)).

2018The evidence must be credible; the memories of witnesses must be clear and without confusion; and the sum total of the evidence must be of sufficient weight to convince the trier of fact without hesitancy.” Even if the appellate court “may have decided this case differently had we been the trier of fact, ‘it is not the function of this court to reweigh the evidence and substitute our judgment for that of the trial court.’” J.B. v. C.S., 186 So. 3d 1142, 1143 (Fla. 1st DCA 2016) (quoting In the Interest of R.D.D., 518 So. 2d 412, 415 (Fla. 2d DCA 1988)).

2015Clear and convincing evidence is “ ‘a standard which requires more proof than a “preponderance of the evidence” but less than “beyond and to the exclusion of a reasonable doubt.” ’ ” In re Henson, 913 So.2d 579, 589 (Fla.2005) (quoting In re Graziano, 696 So.2d 744, 753 (Fla.1997)). *369 In In re Davey, 645 So.2d 398 (Fla.1994), this Court fleshed out its standard of review in JQC inquiries: This intermediate level of proof entails both a qualitative and quantitative standard.

2015Clear and convincing evidence is “ ‘a standard which requires more proof than a “preponderance of the evidence” but less than “beyond and to the exclusion of a reasonable doubt.” ’ ” In re Henson, 913 So.2d 579, 589 (Fla.2005) (quoting In re Graziano, 696 So.2d 744, 753 (Fla.1997)). *369 In In re Davey, 645 So.2d 398 (Fla.1994), this Court fleshed out its standard of review in JQC inquiries: This intermediate level of proof entails both a qualitative and quantitative standard.