CONRAD ARTHUR LAWRENCE, PETITIONER,
v.
FLORIDA REAL ESTATE COMMISSION AND CORNELIUS L. REAGAN, RESPONDENTS
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The Florida District Court of Appeal granted a petition for writ of certiorari, quashing an order by the Florida Real Estate Commission. The court found the Commission's order, which found a technical violation of real estate law, too severe given the isolated nature of the transaction.
The court held that while there was sufficient evidence to support the finding of a technical violation, the order should be modified. The court directed the Commission to enter a substitute order finding the petitioner guilty and suspending his broker registration for sixty days.
“We find that there is sufficient, competent and substantial evidence in the record to support the finding of the Florida Real Estate Commission that the petitioner had violated F.S. § 475.25(1) (a), F.S.A.”
establishes the court's agreement with the Commission's finding of a violation.
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Join FLexlaw to unlock all legal intelligenceThe Florida Real Estate Commission found that petitioner Conrad Arthur Lawrence violated a statute related to real estate practices. The violation was…
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We grant the petition for writ of certio-rari.
We find that there is sufficient, competent and substantial evidence in the record to support the finding of the Florida Real Estate Commission that the petitioner had violated F.S. § 475.25(1) (a), F.S.A.
The violation of the statute, and its effect, were of a technical nature and involved only one isolated transaction. See Brod v. Jernigan, Fla.App.1966, 188 So.2d 575.
*471We, therefore, grant the writ of certio-rari and quash the order of the Florida Real Estate Commission with directions to enter a substitute order finding the petitioner guilty of violating F.S. § 475.25(1) (a), F.S.A. and for the suspension of his registration as a real estate broker in Florida for a period of sixty (60) days, from the effective date of such order. See Florida Real Estate Commission v. Rogers, Fla.1965, 176 So.2d 65 and Brod v. Jernigan, supra.
It is so ordered.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brod v. Jernigan, 188 So. 2d 575 (Fla. 2d DCA 1966)
- Fla. Real Est. Comm'n v. D. L. and Doris Rogers, 176 So. 2d 65 (Fla. 1965)