Georgia Real Est. Comm'n v. Burnette, 255 S.E.2d 38 (Ga. 1979). · Go Syfert
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Georgia Real Est. Comm'n v. Burnette, 255 S.E.2d 38 (Ga. 1979). Cases Citing This Book View Copy Cite
33 citation events (9 in the last 25 years) across 4 distinct courts.
Strongest positive: Georgia Department of Human Services, Division of Family and Children Services v. Steiner (ga, 2018-06-18)
Treatment trajectory · 1979 → 2026 · click a year to view as-of
1979 2002 2026
Top citers, strongest first. 7 distinct citers. How cited ↗
discussed Cited "see" Georgia Department of Human Services, Division of Family and Children Services v. Steiner (2×)
Ga. · 2018 · signal: see · confidence high
On issues involving findings of fact, “the ALJ’s decision must be affirmed where there is ‘any evidence’ to support it.” Hughey v. Gwinnett County, 278 Ga. 740, 742 ( 609 SE2d 324 ) (2004) (citation omitted); see Ga. Real Estate Comm. v. Burnette, 243 Ga. 516, 516 ( 255 SE2d 38 ) (1979) (superior court “erred in substituting its judgment for that of the agency as to the weight of the evidence”).
discussed Cited "see" Ga. Dep't of Human Servs. v. Steiner (2×)
Ga. · 2018 · signal: see · confidence high
On issues involving findings of fact, "the ALJ's decision must be affirmed where there is 'any evidence' to support it." Hughey v. Gwinnett Cty. , 278 Ga. 740 , 742, 609 S.E.2d 324 (2004) (citation omitted); see Georgia Real Estate Comm'n v. Burnette , 243 Ga. 516 , 516, 255 S.E.2d 38 (1979) (superior court "erred in substituting its judgment for that of the agency as to the weight of the evidence").
discussed Cited "see" Georgia Real Estate Appraisers Board v. Krouse (2×)
Ga. Ct. App. · 2009 · signal: see · confidence high
See Ga. Real Estate Comm. v. Burnette, 243 Ga. 516 (1) ( 255 SE2d 38 ) (1979).
discussed Cited "see" Sparks v. Caldwell (2×)
Ga. · 1979 · signal: see · confidence high
See Ga. Real Estate Comm. v. Burnette, 243 Ga. 516 ( 255 SE2d 38 ) (1979); Elson’s Book Store v. Buice, 227 Ga. 170 ( 179 SE2d 250 ) (1971).
cited Cited "see, e.g." West Boylston Nursing Home, Inc. v. Dougherty
Mass. Super. Ct. · 2011 · signal: see also · confidence medium
See also Georgia Real Estate Comma. v. Burnette, 255 S.E.2d 38, 39 (Ga. 1979) (construing uniform administrative code); Bulluck v. Pelham Wood Apartments, 390 A.2d 1119, 1127 (Md.App. 1978) (same).
discussed Cited "see, e.g." Georgia Board of Dentistry v. Pence (2×)
Ga. Ct. App. · 1996 · signal: see, e.g. · confidence low
See, e.g., Ga. Real Estate Comm. v. Burnette, 243 Ga. 516 (3), 517 ( 255 SE2d 38 ) (1979). *608 6.
discussed Cited "see, e.g." Brogdon v. State Board of Veterinary Medicine (2×)
Ga. · 1979 · signal: compare · confidence low
Compare Ga. Real Estate Comm. v. Burnette, 243 Ga. 516 ( 255 SE2d 38 ) (1979).
Retrieving the full opinion text from the archive…
Georgia Real Estate Commission
v.
Burnette
34528.
Supreme Court of Georgia.
Apr 17, 1979.
255 S.E.2d 38
Arthur K. Bolton, Attorney General, Kirby G. Atkinson, Assistant Attorney General, for appellant., William T. Johnson, for appellee.
Nichols.
Cited by 16 opinions  |  Published
Nichols, Chief Justice.

The Georgia Real Estate Commission appeals from an order of the superior court setting aside the Commission’s order suspending Burnette’s real estate broker’s license for a period of 90 days. Burnette had appealed to the superior court pursuant to Section 20 of the Administrative Procedure Act. Code Ann. § 3A-120.

1. The superior court erred in passing upon Burnette’s objections relating to the composition of the Commission because those objections first were urged in the superior court, rather than before the Commission. Code Ann. § 3A-120(c); Dept. of Public Safety v. MacLafferty, 230 Ga. 22 (195 SE2d 748) (1973); Clark v. Ga. Real Estate Comm., 129 Ga. App. 741 (200 SE2d 926) (1973); Dept. of Public Safety v. Foreman, 130 Ga. App. 71 (202 SE2d 196) (1973). The authorization to the superior court set forth in Code Ann. § 3A-120 (g) to hear evidence relating to alleged irregularities in procedure before the agency that are not shown in the record is an exception to the principle that review by the superior court shall be confined to the record but is not an exception to the principle stated in Code Ann. § 3A-120(c) requiring objections to agency decisions or orders to be urged in the first instance before the agency. The case of Olley Valley Estates v. Fussell, 232 Ga. 779 (208 SE2d 801) (1974) is inapposite as it did not involve review of an agency order in accordance with the Administrative Procedure Act.

2. The "any evidence rule” applies to review of agency findings of fact. Hall v. Ault, 240 Ga. 585 (242 SE2d 101) (1978). There was evidence to support the Commission’s findings. The trial court erred in substituting its judgment for that of the agency as to the weight of the evidence. Code Ann. § 3A-120 (h ); Flowers v. Ga. Real Estate Comm., 141 Ga. App. 105 (232 SE2d 586) (1977).

3. The trial court erred also by reaching and deciding the constitutionality of Ga. L. 1973, pp. 100,117, (Code Ann. § 84-1421 (24)), because no constitutional challenge was made during the proceedings before the[*517] agency. Flint River Mills v. Henry, 234 Ga. 385 (216 SE2d 895) (1975); Dept. of Public Safety v. Foreman, 130 Ga. App. 71 (202 SE2d 196) (1973).

Submitted February 2, 1979 Decided April 17, 1979. Arthur K. Bolton, Attorney General, Kirby G. Atkinson, Assistant Attorney General, for appellant. William T. Johnson, for appellee.

Judgment reversed.

All the Justices concur.