WILLIAM A. REGER, AGNES D. SNEDEKER, AND HOWARD T. WALTON, AS MEMBERS OF THE FLORIDA BOARD OF MASSAGE OF THE STATE OF FLORIDA, APPELLANTS,
v.
BETTY LOUISE CHENEY, APPELLEE
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The Florida Board of Massage appealed a circuit court decision that quashed its revocation of Betty Louise Cheney's massage license. The court reversed, holding that substantial evidence supported the Board's license revocation based on findings of a nude woman and partially dressed man in the same room of the licensee's establishment.
The circuit court's finding is not supported because the record contains competent substantial evidence to support the Board's action in revoking the license. The presence of a nude woman and partially dressed man in the same room of the establishment constituted sufficient evidence for license revocation.
“the evidence upon which the-board acted in revoking the certificate or- license of the petitioner as a masseuse is wholly insufficient upon which it could lawfully act”
The circuit court's finding that was being reviewed on appeal; the appellate court held this finding was not supported by the record.
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Join FLexlaw to unlock all legal intelligenceBetty Louise Cheney held a massage license from the Florida Board of Massage. An investigation of her business premises led to charges and a hearing u…
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The appellant, Florida Board of Massage, appeals from the judgment of the circuit court granting writ of certiorari and quashing an order of the board. The appellee, Betty Louise Cheney, was a licensee of the board. An investigation of the premises upon which the licensee conducted her business resulted in charges and a hearing pursuant to Section 480.11, Fla.Stat., F.S.A. The board then entered its order revoking her license. Thereafter the licensee brought her petition for writ of certiorari to the circuit court.
This appeal from the judgment quashing the order of the board is brought to review the initial, judicial action which was the proceeding on the petition in the circuit court. See Wexler v. Ring, Fla.App.1961, 125 So.2d 883. We deem the question presented to be whether the finding of the circuit court that: “ * * * the evidence upon which the-board acted in revoking the certificate or- license of the petitioner as a masseuse is wholly insufficient upon which it could lawfully act”, is supported by the record of the proceedings before the board. We hold that the finding of the circuit judge is not supported because the record contains competent substantial evidence to support the action of the administrative body.
No useful purpose would be served by detailing the evidence. It is sufficient to say that the inspector found a nude woman and a partially dressed man occupying the same room of the licensee’s establishment.
The judgment of the circuit court quashing the order revoking appellee’s license is reversed and the cause remanded for the entry of an order dismissing the petition for certiorari.
Reversed.
CARROLL, J., dissents.
(dissenting).
On examining this record, I am in agreement with the trial judge’s conclusion that the evidence was insufficient to sustain the particular charges on which the board acted. I, therefore, respectfully dissent from the majority judgment of reversal.
CARROLL, Judge
(dissenting).
On examining this record, I am in agreement with the trial judge’s conclusion that the evidence was insufficient to sustain the particular charges on which the board acted. I, therefore, respectfully dissent from the majority judgment of reversal.
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