GORDON
v.
RAAC

Fla. 5th DCA | 2018-04-09
No. 17-1259
Palmer, J., Torpy, J., Eisnaugle, J.
Florida District Court of Appeal, Fifth District (2018)

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Holding

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.


Headnotes

[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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Key Quotes

“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

Facts & Procedural History

Jeffery L. Gordon appealed a decision by the Reemployment Assistance Appeals Commission regarding his employment status with Ocean Partners Associates…

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Opinion of the Court
Eisnaugle

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.


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