Administrative Law Lawsuits

Land development projects, both residential and commercial, involve a litany of land use and administrative issues that can turn into major headaches for property owners and developers.

Florida Case Law Related to Administrative Law

FERGUSON v. MIAMI-DADE COUNTY, 890 So.2d 450 (Fla.App. 3 Dist. 2004)
No. 3D04-631.December 29, 2004.

Jacquelyn Ferguson appeals the Florida Commission on Human Relations' dismissal of her claims of sexual harassment, retaliatory discharge and unlawful discharge from her employment. In the present case conflicting testimony was offered by the parties at the hearing before the administrative law judge. It was the responsibility of the administrative law judge to resolve the conflicts, which he did in this case in favor of the employer. See Wallace v. Zahn Dental Co., Inc., 618 So.2d 382 (Fla. 3d DCA 1993). This court is not allowed to overturn the administrative law judge's factual findings, as long as there was competent, substantial evidence at the hearing which supports the findings. See § 120.68, Fla. Stat. (2004); Gonzalez v. Master Flowers, Inc., 605 So.2d 180 (Fla. 3d DCA 1992). As we see no legal basis on which to disturb those findings, the order now before us is affirmed. See also St. Augustine Church v. Florida Unemployment Appeals Commn., 754 So.2d 183 (Fla. 3d DCA 2000); Stahl v. Florida Unemployment Appeals Commn., 502 So.2d 78 (Fla. 3d DCA 1987).

Florida Case Law Related to Administrative Law

COLBERT v. DEPARTMENT OF HEALTH, 1D03-5401 (Fla.App. 1 Dist. 2004)
Case No. 1D03-5401.Opinion filed December 23, 2004.

This is an appeal from a final order of appellee, the Department of Health (DOH), imposing an administrative fine and special conditions of probation on appellant, Dr. Donald Colbert, for certain violations of the Florida Medical Practice Act (chapter 458, Florida Statutes). We summarily affirm as to the first two of appellant's issues, but reverse as to the third.

Florida Case Law Related to Administrative Law

CASA FEBE RET. v. AGENCY FOR HEALTH CARE, 2D04-156 (Fla.App. 2 Dist. 2004)
Case No. 2D04-156.Opinion filed November 10, 2004.

Casa Febe Retirement Home, Inc., d/b/a Home is Where the Heart Is, appeals the determination of the administrative law judge (ALJ) that it was not entitled to an award of attorney's fees after it prevailed against an administrative complaint filed by the Agency for Health Care Administration (AHCA). Because the ALJ misapplied the law, we reverse.