RONALD W. KINLAW, APPELLANT,

v.

UNEMPLOYMENT APPEALS COMMISSION, APPELLEE

Citator

Cited By (11 total)

• McINTYRE v. Seminole Cnty. Sch. Bd., 779 So. 2d 639 (Fla. 5th DCA 2001)
  …action is entitled to judicial review.” Fla. Stat. § 120.68(1) (1999). In reviewing an agency’s decision, an appellate court cannot substitute its judgment for that of the agency on disputed issues of fact. See Kinlaw v. Unemployment Appeals Com’n, 417 So. 2d 802 (Fla. 5th DCA 1982); see also Fla. Stat. § 120.68(7)(b). The appellate court is confined to determine whether there is competent and substantial evidence to support the agency’s action following a hearing. See Davis Des Rocher Sand Corp. v. Weight R…
• Donaldson v. State, 425 So. 2d 145 (Fla. 1st DCA 1983)
  …ificate of registration or may impose an administrative fine not to exceed $500.00 per day for each violation, .. .. ” This case is controlled by the rule followed in Linkous, et al. v. Department of Professional Regulation and Board of Real Estate, 417 So. 2d 802 (Fla. 5th DCA 1982), that where listed statutory penalties appear as a series of phrases separate by the disjunctive article “or,” the penalties are thus in the alternative, and the agency may impose one or the other of the penalties, but may not im…
• Sunshine JR. Stores, Inc. v. State, 556 So. 2d 1177 (Fla. 1st DCA 1990)
  …for the sake of argument, that Sunshine’s position is correct its remedy is not outright reversal, but rather reversal and remand with directions that proper notice be given and a new hearing accorded. Cf Linkous v. Department of Professional Reg., 417 So. 2d 802 (Fla. 5th DCA 1982). III. Finally, because we are construing Florida’s third-party defense for the first time, we should be sensitive to the policy ramifications of our decision. There are important policy reasons — economic efficiency, fairness,…

Authorities Cited

• Varig Brazilian Airlines v. Fla. Dep't OF Commerce, 354 So. 2d 921 (Fla. 3d DCA 1978)
• Perez v. State, 377 So. 2d 806 (Fla. 3d DCA 1979)