STATE OF FLORIDA, APPELLANT,
v.
ROBERT A. LISCIO AND HARRY PHILLIP ENGEL, APPELLEES

Fla. 4th DCA | 1982-12-22
No. 82-1136
LETTS, C.J., and BERANEK and HERSEY, JJ., concur.
423 So. 2d 624 Florida District Court of Appeal, Fourth District (1982) Negative Treatment
Cited by 63 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED. See Lavely v. State, 422 So. 2d 975 (Fla. 4th DCA 1982).

LETTS, C.J., and BERANEK and HERSEY, JJ., concur.


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  • …] the referee’s findings of fact were based on competent, substantial evidence in the record and whether the proceedings on which the findings were based complied with the essential requirements of the law. Alles v. Dep’t of Professional Regulation, 423 So. 2d 624, 625-26 (Fla. 5th DCA1982). While an agency may reject conclusions of law without limitation, neither an administrative agency nor a reviewing court may reject an administrative hearing officer’s findings of fact, as long as those findings are supp…
  • …on which the findings were based complied with the essential requirements of the law. Maynard v. Florida Unemployment Appeals Comm’n, 609 So. 2d 143, 144-45 (Fla. 4th DCA 1992)(citing Alles v. Dept. of Prof. Regulation, Constr. Indus. Licensing Bd., 423 So. 2d 624, 625-26 (Fla. 5th DCA 1982)). In reviewing whether the record contains competent, substantial evidence to support the appeals referee’s findings, the reviewing court may not make determinations as to credibility or substitute its judgment for that o…
  • McDONALD v. Dep't of Prof'l Reg., 582 So. 2d 660 (Fla. 1st DCA 1991)
    …Regulation, Board of Pharmacy, 452 So. 2d 1063 (Fla. 3d DCA 1984); Davis v. Department of Professional Regulation, 457 So. 2d 1074 (Fla. 1st DCA 1984).7 In this regard, the Board erroneously relies on Alles v. Department of Professional Regulation, 423 So. 2d 624 (Fla. 5th DCA 1982), as authority to impose vicarious liability on McDonald under section 310.101; in so doing, it has misread the actual holding in that case.8 In Alies, the respondent licensed contractor was disciplined for his personal acts of mi…

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