SEE HILLIER
v.
CITY OF PLANTATION
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Appellant Dignam appealed two traffic infractions for running red lights from a hearing officer's decision. The appellate court affirmed the lower court's findings, holding that credibility determinations are within the hearing officer's purview and cannot be challenged on appeal absent a hearing transcript.
The appellate court cannot review witness credibility determinations made by the hearing officer, and absent a transcript of the hearing testimony, the court must affirm the lower court's dispositions.
[1] An appellate court must affirm a lower court's findings when the appellant fails to provide a transcript of the hearing testimony.
[2] Determining the credibility of witnesses is the responsibility of the hearing officer or trial court, not the appellate court.
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Join FLexlaw to unlock all legal intelligence“Since determining the credibility of witnesses is an issue for the hearing officer and not this appellate court, and since Appellant did not furnish this Court with a transcript of the hearing testimony, this Court must affirm the two dispositions appealed from.”
Establishes that credibility determinations are outside appellate review and lack of transcript mandates affirmance
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Join FLexlaw to unlock all legal intelligenceAppellant Dignam was cited for running red lights on two occasions during one continuous driving event. The citations were tried together before a hea…
The full statement of facts, procedural history, and disposition for this case are member content.
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Before POWELL, BLACKWELL, J. ADAMS, J.J.
PER CURIAM.
FINAL ORDER AFFIRMING LOWER COURT
After a hearing by the hearing officer, Appellant Dignam was found guilty of two infractions of running a red light, adjudication was withheld, and a fine was imposed in each case. The citations were tried together since they were issued during one continuous driving event. Appellant did not provide a transcript of the hearing testimony. The sole issue on appeal is credibility of the witnesses, i.e. whose testimony did the hearing officer believe– that of the officer who issued the citations or that of Appellant. Since determining the credibility of witnesses is an issue for the hearing officer and not this appellate court, and since Appellant did not furnish this Court with a transcript of the hearing testimony, this Court must affirm the two dispositions appealed from. See Hillier v. City of Plantation, 935 So. 2d 105, 107 (Fla. 3d DCA 2006)(citing Adkins v. State, 650 So. 2d 61, 62 (Fla. 2d DCA 1994))(noting that it is for the trial court who heard the testimony below, not the appellate court, to evaluate and weigh the credibility of witness testimony); Hudson Pest Control, Inc. v. Westford Asset Mgmt., Inc., 622 So. 2d 546, 547 (Fla. 5th DCA 1993)(where an appellant has not furnished a transcript, the appellate court must give utmost credence to trial court’s findings). The Court also dispenses with oral argument pursuant to Florida Rule of Appellate Procedure 9.320.
AFFIRMED.
DONE and ORDERED at Orlando, Florida this __25___day of ____August_________,
2009.
_______/s/_____________________
ROM W. POWELL
Senior Judge
________/s/______________________
_________/s/___________________ ALICE L. BLACKWELL
JOHN H. ADAMS, Sr. Circuit Judge
Circuit Judge CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing order was furnished via U.S. mail on this 25 day of August , 2009, to the following: Patrick Alfred Dignam, 1737 Watauga Avenue #101, Orlando, Florida 32812 and Office of the State Attorney, Appeals Unit, 415 N. Orange Avenue, Orlando, Florida 32801.
/s/
Judicial Assistant
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- Adkins v. Adkins, 650 So. 2d 61 (Fla. 3d DCA 1994)
- Hudson Pest Control, Inc. v. Westford Asset Mgmt., Inc., 622 So. 2d 546 (Fla. 5th DCA 1993)
- Hillier v. City OF Plantation, 935 So. 2d 105 (Fla. 4th DCA 2006)