FLORIDA INDUSTRIAL COMMISSION, APPELLANT,
v.
ROBERT M. NORDIN, APPELLEE
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The appellate court held that the circuit court erred in reversing the Florida Industrial Commission's order because there was competent substantial evidence to support the Commission's factual findings regarding employer status.
The Florida Industrial Commission found an appellee liable for unemployment taxes. The appellee, an architect and contractor, was involved in a joint …
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This is an appeal by the Florida Industrial Commission from an order of the Circuit Court of Leon County reversing an order of the Commission which had found that appellee was liable for the payment of taxes under the Florida Unemployment Compensation Law (Chapter 443, Florida Statutes, 1955, F.S.A.).
The appellee is an architect and a licensed general contractor, engaged individually in the construction business and with two other individuals in an alleged joint venture to construct a house for sale. The Industrial Commission, upon the recommendation of its status section and a duly appointed special deputy, who held hearings and took testimony, determined that the employees of the alleged joint venture were in fact employed by the appel-lee and as such were sufficient numerically to make the appellee employing unit an “employer” under the Florida Unemployment Compensation Law.
The Circuit Court in its order recognized that there was evidence in the record to sustain the Commission’s findings but held that the weight of the evidence was to the contrary.
Section 443.15(2) (a) Florida Statutes, 1955, F.S.A., provides that judicial review of any determination of an order entered by the Commission with reference to the status of an employer shall proceed in the same manner as provided for a review of decisions of the Board of Review under Section 443.07(4) (c).
Section 443.07(4) (c) provides that a proceeding for judicial review of an order entered by the Board of Review shall be initiated pursuant to paragraph (e) of that subsection.
Section 443.07(4) (e), dealing with judicial review of orders entered by the Board of Review, provides that: “In any proceeding under this subsection the findings of the board of review as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive and the jurisdiction of said court shall be confined to questions of law.”
We have examined the record and find that there is competent substantial evidence to support the findings of the Commission. This being the case, the fact that there was evidence which would lead to a different conclusion is of no import. Sections 443.15 *892and 443.07(4) (e) (2), Florida Statutes, 1955, F.S.A. See United States Casualty Co. v. Maryland Cas. Co., Fla., 55 So.2d 741; Sonny Boy’s Fruit Co. v. Compton, Fla., 46 So.2d 17; Florida Industrial Commission v. Ciarlante, Fla., 84 So.2d 1; and De Groot v. Sheffield, Fla., 95 So.2d 912.
Even a jury verdict that is contrary to the manifest weight and probative force of the evidence and the justice of the cause may be set aside by an appellate court. See Ruth v. Sorenson, Fla.1958, — So.2d -; Yappa v. Bennett, Fla.1955, 80 So.2d 600; Labruzzo v. Atlantic Dredging & Const. Co., Fla.1954, 73 So.2d 228, 229; Renuart Lumber Yards, Inc., v. Levine, Fla.1950, 49 So.2d 97.
It seems to us to be equally, *if not more, essential that an appellate court have this same power with reference to the findings of an administrative body like that in the present case, even in the light of a provision such as that quoted above. Otherwise the courts would be helpless to see that justice, the administration of which under our system is lodged primarily in our courts, is guaranteed to all our citizens.
Reviewing the record in the present case from this point of view, we cannot say that the manifest weight and probative force of the evidence before the Commission and the justice of the cause were so contrary to its findings as to require a reversal of the Commission’s order.
Whether the “substantial evidence” rule or the “manifest weight and probative force of the evidence and the justice of the cause” rule is applied here, the result is the same. This is naturally so, for the two rules, in quintessence, are, we think, practically the same. The Supreme Court of Florida has defined “substantial evidence” to mean such evidence as a reasonable man would accept as adequate to support a conclusion. De Groot v. Sheffield, Fla.1957, 95 So.2d 912. In applying the second rule to reverse a finding the court is really saying that the manifest weight and probative force of the evidence and the justice of the cause are such that a reasonable man could not accept such evidence to support the conclusion in the finding reversed.
Accordingly the order of the Circuit Court should be and it is hereby reverséd.
Reversed.
STURGIS, C. J., and WIGGINTON, J., concur.
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Pauline v. LEE, 147 So. 2d 359 (Fla. 2d DCA 1962)…n, that is, that there was no competent substantial evidence to support the director’s findings and order of revocation, the director found against him and with this finding the Court agrees. In Florida Industrial Commission v. Nordin, Fla.App.1958; 101 So. 2d 890, and Cohen v. State, Fla.1957; 99 So. 2d 563, the Court held that where there is competent substantial evidence to support the findings of an administrative body it should not be disturbed on appeal. And in Trader Jon, Inc. v. State Beverage Departm…
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Andrews v. C.B.S. Division, 118 So. 2d 206 (Fla. 1960)…sufficiently relevant and material that a reasonable mind would accept it as adequate to support the conclusion reached. To this extent the ‘substantial’ evidence should also be ‘competent.’ ” Florida Industrial Commission v. Nordin, Fla.App.1958, 101 So. 2d 890. . One of whom, at least, appeared to be the best qualified of all to testify as to the particular medical problem under consideration. . Andrews v. Strecker Body Builders, Fla.1957, 92 So. 2d 521, at page 523. . Davis v. Artley Const. Co., 1944,…
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Farmers & Merchs. Bank v. Vocelle, 106 So. 2d 92 (Fla. 1st DCA 1958)…consideration of whether or not there is substantial competent evidence to support the findings of the commission. United States Casualty Co. v. Maryland Casualty Co., Fla., 55 So. 2d 741. See also Florida Industrial Commission v. Nordin, Fla.App., 101 So. 2d 890. The petitioner is a commercial bank at Monticello with the usual banking facilities and mode of operation. Berthena [*94] Ryan has always lived in Monticello. During the years in question she was employed regularly 6 hours a day, 6 days a week, at…
Previewing 3 of 25 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- de Groot v. Sheffield, 95 So. 2d 912 (Fla. 1957)
- US Cas. Co. v. Md. Cas. Co., 55 So.2d 741 (Fla. 1951)
- Fla. Indus. Comm'n v. Ciarlante, 84 So. 2d 1 (Fla. 1955)
- Renuart Lumber Yards v. Levine, 49 So. 2d 97 (Fla. 1950)
- Sonny Boy's Fruit Co. v. Compton, 46 So. 2d 17 (Fla. 1950)
- State v. Trafficante, 73 So. 2d 228 (Fla. 1954)
- Labruzzo et ux. v. Atl. Dredging & Constr. Co., 73 So. 2d 228 (Fla. 1954)
- Yappa v. Bennett, 80 So. 2d 600 (Fla. 1955)