A.O. v. Department of Health & Rehabilitative Services

I respectfully dissent.

It is well established that an appellate court is prohibited from substituting its judgment for that of an administrative agency in assessing the weight of the evidence or resolving disputed factual issues. § 120.68(10), Fla. Stat. (1993). See McKinney v. Castor, 667 So.2d 387 (Fla. 1st DCA 1995); Carreras v. Florida Birth-Related Neurological Injury Compensation Ass’n, 665 So.2d 1082 (Fla. 3d DCA 1995); Rosmond v. Unemployment Appeals Com’n, 651 So.2d 233 (Fla. 5th DCA 1995). The relevant inquiry on appeal is whether the agency’s findings are supported by competent…