EDWARD HORTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (18 total)

• Tedder v. Fla. Parole Comm'n, 842 So. 2d 1022 (Fla. 1st DCA 2003)
  …consistently held that the agency may not reject them, modify them, substitute its findings, or make new findings”); Asphalt Pavers, Inc. v. State Dep’t of Transp., 602 So. 2d 558, 561 (Fla. 1st DCA 1992); Greseth v. Dep’t of Health & Rehab. Servs., 573 So. 2d 1004, 1006-07 (Fla. 4th DCA 1991) (noting that, “where reasonable people could differ as to whether the employee was negligent in her duties as charged, [the agency] was bound by the hearing officer’s reasonable inference of non-negligence based on the c…
• Maynard v. Fla. Unemployment Appeals Comm'n & Neighborhood Variety Stores, Inc., 609 So. 2d 143 (Fla. 4th DCA 1992)
  …substantial evidence to support the appeals referee, appellate court may not reverse). Nor may the commission reject a finding which is substantially one of fact simply by treating it as a legal conclusion. Greseth v. Dept. of Health & Rehab. Serv., 573 So. 2d 1004, 1006-07 (Fla. 4th DCA1991). Furthermore, the credibility of witnesses and testimony is a matter which falls solely within the purview of the appeals referee as finder of fact. Andrus, 379 So. 2d at 470. This court cannot reweigh the evidence that…
• Howard E. Gross, M.D. v. Dep't OF Health, 819 So. 2d 997 (Fla. 5th DCA 2002)
  …l order that the findings were not based upon competent substantial evidence or that the proceedings on which the findings are based did not comply with the essential requirements of law. Id.; Greseth v. Department of Health & Rehabilitative Servs., 573 So. 2d 1004 (Fla. 4th DCA 1991). When determining whether to reject or modify findings of fact in a recommended order, the agency is not permitted to weigh the evidence, judge the credibility of the witnesses, or interpret the evidence to fit its ultimate concl…

Authorities Cited

• Burch v. State, 558 So. 2d 1 (Fla. 1990)
• West v. State, 573 So. 2d 404 (Fla. 4th DCA 1991)