GORDON
v.
RAAC
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On appeal from an administrative decision, the court cannot make credibility determinations or substitute its judgment for that of the referee and must uphold the referee's decision where competent, substantial evidence supports it.
[1] On appeal from an administrative decision by a reemployment assistance referee, the appellate court cannot make credibility determinations or substitute its judgment for…
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Join FLexlaw to unlock all legal intelligence“On appeal, this Court cannot make credibility determinations or substitute its judgment for that of the referee, and instead, must uphold the referee's decision where there is competent, substantial evidence to support the decision.”
Standard of review for administrative appeals from reemployment assistance decisions
Jeffery L. Gordon appealed a decision by the Reemployment Assistance Appeals Commission regarding his employment status with Ocean Partners Associates…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JEFFERY L. GORDON, Appellant, v. Case No. 5D17-1259
REEMPLOYMENT ASSISTANCE
APPEALS COMMISSION AND OCEAN
PARTNERS ASSOCIATES, LTD., Appellees. ________________________________/ Opinion filed April 13, 2018 Administrative Appeal from the Reemployment Assistance Appeals Commission. Jeffery L. Gordon, Cocoa, pro se. Katie Sabo, Tallahassee, for Appellee, Reemployment Assistance Appeals Commission. No Appearance for Appellee, Ocean Partners Associates, Ltd.
PER CURIAM.
AFFIRMED. See Mid-Fla. Freezer Warehouses, Ltd. v. Unemplmt. App. Comm’n, 41 So. 3d 1014, 1017–18 (Fla. 5th DCA 2010) (“On appeal, this Court cannot make credibility determinations or substitute its judgment for that of the referee, and instead,
2 must uphold the referee’s decision where there is competent, substantial evidence to support the decision.” (citation omitted)). PALMER, TORPY and EISNAUGLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Mid-Florida Freezer Warehouses, Ltd. v. Unemployment Appeals Comm'n, 41 So. 3d 1014 (Fla. 5th DCA 2010)