Legal Opinion

Department of Highway Safety and Motor etc. v. Eric Hirtzel

District Court of Appeal of Florida

Decided March 2, 2015No. 1D14-2688Published

1DissentClark, J.

Circuit courts must review a hearing officer’s findings and conclusions for support by competent, substantial evidence. Where the circuit court undertakes this mandated review, this Court is without authority to second-guess the answer. Because the circuit court here correctly selected the legal question, the answer matters not. As the majority simply finds error in the circuit court’s answer, I dissent. Circuit courts have a mandate to independently review a hearing officer’s findings and conclusions for competent, substantial evidence; they are not merely rubberstamps for a hearing…

Also in this document: Per curiam.

2Cases cited8 opinions

  1. Universal Camera Corp. v. National Labor Relations BoardSupreme Court of the United States · 1951
  2. De Groot v. SheffieldSupreme Court of Florida · 1957
  3. State, Department of Highway Safety & Motor Vehicles v. EdenfieldDistrict Court of Appeal of Florida · 2011
  4. DEPT. OF HWY. SAF. & MOTOR VEH. v. FavinoDistrict Court of Appeal of Florida · 1995
  5. Department of Highway Safety and Motor Vehicles v. RobertsDistrict Court of Appeal of Florida · 2006

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