What is the standard of proof necessary to win an appeal?

In Florida, the standard of proof necessary to win an appeal is known as the “clear and convincing” standard. This standard is higher than the “preponderance of the evidence” standard used in most civil cases and lower than the “beyond a reasonable doubt” standard typically used in criminal cases. To meet the “clear and convincing” standard of proof, the person appealing their case must show that it is substantially more likely than not that the facts they presented are true. This means that the party appealing must show that their evidence is credible and persuasive, and that there is no other reasonable explanation for the facts that support their position. In Florida, the appellate court typically reviews all of the evidence presented by both sides, including any facts or law that was not initially considered by the trial court. Based on this review, the appellate court will then determine if the party appealing has met the “clear and convincing” standard of proof. If the standard is met, then the appellate court can reverse the ruling of the trial court and uphold the position of the party appealing.

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