AMIGOS TRAFFIC SCHOOL, INC.
v.
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
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An administrative hearing officer's findings of fact may not be disturbed on appeal if supported by competent, substantial evidence, even if alternative findings could also be supported.
[1] The existence of competent, substantial evidence supporting alternative findings of fact does not warrant reversal of an administrative hearing officer's findings if thos…
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Join FLexlaw to unlock all legal intelligence“An administrative hearing officer's findings of fact may not be disturbed by a reviewing court if those findings are supported by competent, substantial evidence.”
Standard of review for administrative findings of fact
Amigos Traffic School, Inc. appealed a decision by the Department of Highway Safety and Motor Vehicles following an administrative hearing.…
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Third District Court of Appeal State of Florida
Opinion filed August 14, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-2170 Lower Tribunal Nos. HSMV Case No. MS-23-071, DOAH Case No. 23- 1420 ________________
Amigos Traffic School, Inc., Appellant,
vs.
Department of Highway Safety and Motor Vehicles, Appellee.
An Appeal from the Department of Highway Safety and Motor Vehicles.
Claudio R. Cedrez LLC, and Claudio R. Cedrez Pellegrino, for appellant.
David Arthmann, General Counsel, and Linsey Sims-Bohnenstiehl, Assistant General Counsel (Tallahassee), for appellee.
Before SCALES, MILLER and BOKOR, JJ.
PER CURIAM.
2
Affirmed. See Bagarotti v. Reemployment Assistance Appeals Comm’n, 208 So. 3d 1197, 1199 (Fla. 3d DCA 2017) (“An administrative hearing officer’s findings of fact may not be disturbed by a reviewing court if those findings are supported by competent, substantial evidence.”); see also O.H. v. Agency for Persons with Disabilities, 332 So. 3d 27, 33 (Fla. 3d DCA 2021) (“It does not matter that there may be competent substantial evidence to support alternative findings of fact, only whether the hearing officer’s findings of fact are supported by competent and substantial evidence.”).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Bagarotti v. Reemployment Assistance Appeals Comm'n, 208 So. 3d 1197 (Fla. 3d DCA 2017)
- O.H. v. Agency for Persons with Disabilities, 332 So. 3d 27 (Fla. 3d DCA 2021)