THE VILLAGE ZOO, INC., D/B/A VILLAGE ZOO, APPELLANT,
v.
DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO, APPELLEE
Explore caselaw by topic → Browse Conflicting Inferences cases and more on FLexlaw
PER CURIAM.
We believe the appellee Division erred in setting aside the hearing examiner’s factual determination that a proposed corporate officer of appellant’s corporation was of good moral character. The hearing officer’s resolution of this issue in favor of appellant required the hearing officer to evaluate and resolve the conflicting inferences that arose from the evidence of the proposed corporate officer’s actions as an employee of the appellant corporation. Since the evidence presented supported the inferences and conclusion drawn by the hearing examiner, we believe the Division overstepped its authority in substituting its own evaluation of the evidence for that of the hearing examiner. Wash & Dry Vending Co. v. State Dept. of Business Regulation, 429 So. 2d 790 (Fla. 3d DCA 1983).
Accordingly, we reverse the order entered below and remand this cause with directions that an order be entered consistent with the hearing examiner’s findings.
ANSTEAD, C.J., and DOWNEY and DELL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Nicholas Bachynsky, M.D. v. State, 471 So. 2d 1305 (Fla. 1st DCA 1985)…age, 347 So. 2d 1102 (Fla. 1st DCA 1977), we held that an isolated unlawful act or acts of indiscretion wherever committed do not necessarily establish bad moral character. [*1311] In Village Zoo, Inc. v. Division of Alcoholic Beverages and Tobacco, 450 So. 2d 920 (Fla. 4th DCA 1984), the corporation appealed the decision which set aside the hearing examiner’s factual determination that a proposed corporate officer was of good moral character. The Fourth District Court of Appeal held that the evidence was suf…
-
Albert v. Fla. Dep't of Law Enf't, 573 So. 2d 187 (Fla. 3d DCA 1991)…d moral character” has been held to be ordinarily a question of fact for the trier of fact. See Bachynsky v. State Dep’t of Professional Regulation, 471 So. 2d 1305 (Fla. 1st DCA 1985); Village Zoo, Inc. v. Division of Alcoholic Beverages & Tobacco, 450 So. 2d 920, 921 (Fla. 4th DCA 1984); White v. Beary, 237 So. 2d 263, 266 (Fla. 1st DCA 1970); see also Aquino v. Dep’t of Professional Regulation, 430 So. 2d 598 (Fla. 4th DCA 1983); Wash & Dry Vending Co. v. State Dep’t of Business Regulation, 429 So. 2d 790…
-
Palamara v. State, 855 So. 2d 706 (Fla. 4th DCA 2003)…d moral character” has been held to be ordinarily a question of fact for the trier of fact. See Bachynsky v. State Dep’t of Professional Regulation, 471 So. 2d 1305 (Fla. 1st DCA 1985); Village Zoo, Inc. v. Division of Alcoholic Beverages & Tobacco, 450 So. 2d 920, 921 (Fla. 4th DCA 1984); White v. Beary, 237 So. 2d 263, 266 (Fla. 1st DCA 1970); see also Aquino v. Dep’t of Professional Regulation, 430 So. 2d 598 (Fla. 4th DCA 1983); Wash & Dry Vending Co. v. State Dep’t of Business Regulation, 429 So. 2d 790…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Azalee Parker v. Claretha Murray & Metro. Dade Cnty., 429 So. 2d 790 (Fla. 3d DCA 1983)