Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What are the standards of proof or evidence in a Florida family law case? Some common standards are “clear and convincing” or “competent, substantial evidence”. One of these standards was defined in the case Harte-Weiner-Toledo v. Toledo, 3D23-0810 (Fla. 3d DCA May 29, 2024).
This appellate opinion does not provide any factual background regarding the case. It only states the matter is affirmed, but provides some key case citations, one of which defines the standard of “clear and convincing evidence”: “See Larkins v. Mendez, 363 So. 3d 140, 146 n.5 (Fla. 3d DCA 2023) (‘Clear and convincing evidence is defined as evidence ‘that is precise, explicit, lacking in confusion, and of such weight that it produces a firm belief or conviction, without hesitation, about the matter in issue.’”
Additional case citations in this opinion provide further insight into Florida family law: “see also Soto v. Carrollwood Vill. Phase III Homeowners Ass'n, Inc., 326 So. 3d 1181, 1184 (Fla. 2d DCA 2021) (‘Failing to state a cause of action is not, in and of itself, a sufficient basis to support a finding that a claim was so lacking in merit as to justify an award of fees pursuant to section 57.105.’ (quotation omitted)); see also MC Liberty Express, Inc. v. All Points Servs., Inc., 252 So. 3d 397, 403 (Fla. 3d DCA 2018) (‘[A]n award of fees under section 57.105 requires more than the moving party succeeding in obtaining a dismissal of the action or the entry of a summary judgment in its favor . . . .’).”
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