agency may not rightfully claim (Florida) · Go Syfert
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agency may not rightfully claim in Florida

12 Florida opinions name it 1 courts 1979–1991 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
McDonald v. Dept. of Banking and Financegreen
fladistctapp · 1977 · cited in 11 Florida opinions naming this issue, 1979–1991
2 sentences

1984This court addressed the standard for review of an agency's substitution of its own findings for those of a hearing officer in McDonald v. Department of Banking and Finance, 346 So.2d 569, 579 (Fla. 1st DCA 1977): In determining whether substantial evidence supports the agency's substituted findings of fact, a reviewing court will naturally accord greater probative force to the hearing officer's contrary findings when the question is simply the weight or credibility of testimony by witnesses, or when the factual issues are otherwise susceptible of ordinary methods of proof, or when concerning

1983Thus, the question “is simply the weight or credibility of testimony by witnesses ... susceptible of ordinary methods of proof, ... when concerning those facts the agency may not rightfully claim special insight.” McDonald v. Department of Banking and Finance, 346 So.2d 569, 579 (Fla. 1st DCA 1977).

711
Heifetz v. Dept. of Business Regulationgreen
fladistctapp · 1985 · cited in 1 Florida opinions naming this issue, 1991–1991
1 sentence

1991Heifetz v. Department of Business Regulation, 475 So.2d 1277, 1281 (Fla. 1st DCA 1985); McDonald v. Department of Banking and Finance, 346 So.2d 569, 579 (Fla. 1st DCA 1977).

11
Leapley v. BOARD OF REGENTS, ETC.green
fladistctapp · 1982 · cited in 1 Florida opinions naming this issue, 1984–1984
1 sentence

1984See Leapley, supra at 432 , citing McDonald v. Department of Banking and Finance, 346 So.2d 569 (Fla. 1st DCA 1977).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Farrell v. Amica Mut. Ins. Co. green
fla · 1978
1 sentence

1985Id. at 579 .

11985–1985
School Bd. of Leon County v. Hargis green
fladistctapp · 1981
1 sentence

1982Id.; School Bd. of Leon County v. Hargis, 400 So.2d 103 (Fla. 1st DCA 1981).

11982–1982

Statutes the citing opinions construe

FL § 120.57 (8)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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