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