Cisneros v. Cisneros, 944 So. 2d 524 (Fla. 4th DCA 2006). · Go Syfert
Search
Cisneros v. Cisneros, 944 So. 2d 524 (Fla. 4th DCA 2006). Cases Citing This Book View Copy Cite
G Cite
cited 5× by 5 distinct cases · …guesstimates and speculative testimony are inappropriate evidence on which to base an award of restitution.
44 citation events (44 in the last 25 years) across 1 distinct court.
Strongest positive: Holt v. State (fladistctapp, 2016-11-14)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 20 distinct citers.
discussed Cited as authority (verbatim quote) Holt v. State
Fla. Dist. Ct. App. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
guesstimates and speculative testimony are inappropriate evidence on which to base an award of restitution.
discussed Cited as authority (verbatim quote) J.L.C. v. State
Fla. Dist. Ct. App. · 2016 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
guesstimates and speculative testimony are inappropriate evidence on which to base an award of restitution.
discussed Cited as authority (verbatim quote) J.L.C. v. State
Fla. Dist. Ct. App. · 2016 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
guesstimates and speculative testimony are inappropriate evidence on which to base an award of restitution.
discussed Cited as authority (verbatim quote) J.A.B. v. State
Fla. Dist. Ct. App. · 2014 · quote attribution · 1 verbatim quote · confidence high
a victim's testimony, without documentation, is not enough to support an award of restitution.
examined Cited as authority (verbatim quote) Siuda v. State (2×)
Fla. Dist. Ct. App. · 2013 · quote attribution · 2 verbatim quotes · confidence high
we reverse the award of restitution and remand to the trial court with instructions to conduct an evidentiary hearing to determine the appropriate amount of restitution.
discussed Cited as authority (verbatim quote) D.E.M. v. State (2×) also: Cited as authority (rule)
Fla. Dist. Ct. App. · 2013 · quote attribution · 1 verbatim quote · confidence high
guesstimates and speculative testimony are inappropriate evidence on which to base an award of restitution.
discussed Cited as authority (rule) James Donta Pope v. State of Florida
Fla. Dist. Ct. App. · 2025 · confidence medium
Generally, “[r]estitution must be proved by substantial competent evidence.” D.D., 172 So. 3d at 970 (quoting Bennett v. State, 944 So. 2d 524, 525 (Fla. 4th DCA 2006)) (internal quotation marks omitted).
discussed Cited as authority (rule) STATE OF FLORIDA v. P.C.L., a Child (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2022 · confidence medium
Bennett v. State, 944 So. 2d 524, 526 (Fla. 4th DCA 2006).
discussed Cited as authority (rule) ROBERT MORRILL v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2019 · confidence medium
The evidence of restitution “must be established through more than mere speculation; it must be based on competent evidence.” Bennett v. State, 944 So. 2d 524, 525 (Fla. 4th DCA 2006) (quoting Glaubius v. State, 688 So.2d 913, 916 (Fla. 1997)).
discussed Cited as authority (rule) CRICKET KATHLEEN TOOLE v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2019 · confidence medium
Ct. App. 2012) (finding that “the victim’s opinion alone was insufficient to support the amount awarded”); Bennett v. State, 944 So. 2d 524, 526 (Fla. Dist.
cited Cited as authority (rule) SHAN C DAVIS v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · confidence medium
Bennett v. State, 944 So. 2d 524, 525 (Fla. 4th DCA 2006).
discussed Cited as authority (rule) Duncan v. State
Fla. Dist. Ct. App. · 2016 · confidence medium
“Guesstimates and speculative testimony are inappropriate evidence on which to base an award of restitution.” Id. (quoting Bennett v. State, 944 So.2d 524, 526 (Fla. 4th DCA 2006)); accord Fernandez, 98 So.3d at 732 .
discussed Cited as authority (rule) D.D., a child v. State of Florida
Fla. Dist. Ct. App. · 2015 · confidence medium
“Restitution must be proved by substantial competent evidence.” Bennett v. State, 944 So.2d 524, 525 (Fla. 4th DCA 2006) (quoting Koile v. State, 902 So.2d 822, 824 (Fla. 5th DCA 2005)) (internal quotation marks omitted).
cited Cited as authority (rule) Conway v. State
Fla. Dist. Ct. App. · 2013 · confidence medium
Bennett v. State, 944 So.2d 524, 525 (Fla. 4th DCA 2006).
discussed Cited as authority (rule) Gonzalez v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2010 · confidence medium
Bennett v. State, 944 So.2d 524, 525 (Fla. 4th DCA 2006).
discussed Cited "see" K.R., a child v. State
Fla. Dist. Ct. App. · 2015 · signal: see · confidence high
See Siuda v. State, 114 So.3d 395, 397 (Fla. 4th DCA 2013) (citing Bennett v. State, 944 So.2d 524, 526 (Fla. 4th DCA 2006)) (“[W]e reverse the restitution order to the extent it includes amounts for the items discussed above, and remand for a new evidentiary hearing on those items.”).
discussed Cited "see" McKown v. State
Fla. Dist. Ct. App. · 2010 · signal: see · confidence high
See Yaun v. State, 898 So.2d 1016, 1017 (Fla. 4th DCA 2005). “ ‘The burden of proving the amount of restitution is on the State, and the amount must be proved by a preponderance of the evidence.’ ” Bennett v. State, 944 So.2d 524, 525 (Fla. 4th DCA 2006) (quoting Koile v. State, 902 So.2d 822, 824 (Fla. 5th DCA 2005)). “ ‘Such evidence must be established through more than mere speculation; it must be based on competent evidence.’ ” Bennett, 944 So.2d at 525 -26 (quoting Glaubius v. State, 688 So.2d 913, 916 (Fla.1997)).
discussed Cited "see" G.P. v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See Wolff v. State, 981 So.2d 651, 653 (Fla. 4th DCA 2008) (recognizing trial court’s award of restitution is reviewed on appeal for an abuse of discretion) (citing Bennett v. State, 944 So.2d 524, 525 (Fla. 4th DCA 2006)).
discussed Cited "see" GP v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See Wolff v. State, 981 So. 2d 651, 653 (Fla. 4th DCA 2008) (recognizing trial court's award of restitution is reviewed on appeal for an abuse of discretion) (citing Bennett v. State, 944 So. 2d 524, 525 (Fla. 4th DCA 2006)).
discussed Cited "see" Sage v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See Yaun v. State, 898 So.2d 1016, 1017 (Fla. 4th DCA 2005). ‘“The burden of proving the amount of restitution is on the State, and the amount must be proved by a preponderance of the evidence.’ ” Bennett v. State, 944 So.2d 524, 525 (Fla. 4th DCA 2006) (quoting Koile v. State, 902 So.2d 822, 824 (Fla. 5th DCA 2005)). “‘Such evidence must be established through more than mere speculation; it must be based on competent evidence.’ ” Bennett, 944 So.2d at 525 -26 (quoting Glaubius v. State, 688 So.2d 913, 916 (Fla.1997)).
Diana M. CISNEROS, Appellant,
v.
Jesus CISNEROS, Appellee.
4D05-4072.
District Court of Appeal of Florida, Fourth District.
Dec 20, 2006.
944 So. 2d 524
Per Curiam.
Cited by 1 opinion  |  Published

Chad R. Laing of Chad R. Laing, P.A., Boca Raton, for appellant.

No brief filed on behalf of appellee.

PER CURIAM.

The wife challenges various aspects of the final judgment of dissolution of marriage, contending that the court erred by inequitably distributing the marital assets and liabilities, improperly calculating child support, failing to award alimony, and unfairly allocating dependent tax exemptions between the parties. Because there is no transcript of proceedings, we affirm. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979) ("Without a record of the trial proceedings, the appellate court can not properly resolve the underlying factual issues so as to conclude that the trial court's judgment is not supported by the evidence or by an alternative theory."). Each issue requires a review of the trial testimony to determine whether the court abused its discretion.

Affirmed.

STEVENSON, C.J., WARNER and TAYLOR, JJ., concur.