CITY OF MIAMI, PETITIONER,
v.
HUMBERTO LOPEZ, RESPONDENT
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The circuit court erred by making its own findings of fact instead of reviewing the administrative agency's decision for substantial competent evidence.
[1] A circuit court, sitting in its appellate capacity, errs by making its own findings of fact when reviewing an administrative agency action.
[2] The standard of review for an administrative agency action requires an appellate court to determine if there is substantial competent evidence to support the agency's fin…
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Join FLexlaw to unlock all legal intelligenceThe City Manager affirmed the Civil Service Board's dismissal of a building inspector. The circuit court reversed, finding manifest injustice and that…
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PER CURIAM.
Petitioner, City of Miami, seeks certiorari review of an opinion of the circuit court, sitting in its appellate capacity, which reversed a judgment of the City Manager affirming the Civil Service Board’s dismissal of respondent from employment as a building inspector. It was alleged that respondent violated the city’s rules and regulations.
The circuit court noted accurately that the Civil Service Board made no findings of fact or conclusions of law. The court then conducted its own examination of the record and made findings, from the disputed evidence, that “the Civil Service Board and the City Manager committed a manifest injustice when they terminated the appellant” and that appellant’s conduct, when viewed “in a light most favorable to the City of Miami and the Civil Service Board, ... [showed] at best, poor judgment and not a violation of the ordinances, rules or regulations....” It is not the role of the court to make findings of fact in reviewing an administrative agency action. The standard of review is whether there is substantial competent evidence to support the findings and conclusions of the agency. City of Miami Springs v. Barad, 448 So. 2d 510 (Fla. 3d DCA 1983); Pompano Beach Police & Firemen’s Pension Fund v. Franza, 405 So. 2d 446 (Fla. 4th DCA 1981); Metropolitan Dade County v. Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976).
Where an administrative agency fails to make the required findings of fact the case must be remanded for that purpose. Andersen v. Mason, 184 So. 2d 177 (Fla.1966); Ryder Truck Lines, Inc. v. King, 155 So. 2d 540 (Fla.1963); McCulley Ford, Inc. v. Calvin, 308 So. 2d 189 (Fla. 1st DCA 1974), cert. denied, 314 So. 2d 592 (Fla.1975); Powell v. Board of Public Instruction of Levy County, 229 So. 2d 308 (Fla. 1st DCA 1969).
Finding a departure from the essential requirements of law, certiorari is granted, the opinion of the circuit court is quashed, and the case is remanded for further proceedings consistent with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
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Thomas v. Off. OF the Sheriff, 507 So. 2d 145 (Fla. 1st DCA 1987)…its appellate capacity. City of Deerfield Beach v. Vaillant, 399 So. 2d 1045 (Fla. 4th DCA 1981), affirmed, 419 So. 2d 624 (Fla.1982); City of Hollywood v. South Broward Hospital District, 504 So. 2d 1308 (Fla. 4th DCA 1987); City of Miami v. Lopez, 487 So. 2d 1111, 1112 (Fla. 3d DCA 1986). On remand, the Civil Service Board shall be required to set forth its findings of fact and conclusions of law upon which its ultimate decision is based which shall include, among other things, the basic jurisdictional fact…
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Harrison v. Neumann, 760 So. 2d 1015 (Fla. 4th DCA 2000)…ary of evidence in the board’s memo; however, patently, there are no material findings. See Smith v. Metropolitan Dade County, 532 So. 2d 84 (Fla. 3d DCA 1988); Thomas v. Office of Sheriff, 507 So. 2d 145 (Fla. 1st DCA 1987); City of Miami v. Lopez, 487 So. 2d 1111 (Fla. 3d DCA 1986). In Gramm, this court held that the failure of a civil service review board to include written findings of fact or conclusions of law in its employment termination order rendered that order defective on procedural due process gro…
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Davis v. Civil Serv. Bd. OF City OF Tarpon Springs, 501 So. 2d 1336 (Fla. 2d DCA 1987)…cuit court to reinstate the petitioner. Klein, 229 So. 2d at 590. The Board argues that the circuit court did the only thing it could, that is, remand Davis’ case for the Board to make findings of fact under the authority of City of Miami v. Lopez, 487 So. 2d 1111 (Fla. 3d DCA 1986). That case stands only for the proposition that where findings of fact have been omitted the court must remand for the appropriate administrative agency to make findings. But the case did not deal with a situation, as here, where…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Powell v. The Bd. OF Pub. Instruction OF Levy Cnty., 229 So. 2d 308 (Fla. 1st DCA 1969)
- Metro. Dade Cnty. v. Sergeant Gerald Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976)
- McCULLEY Ford, Inc. v. Calvin, 308 So. 2d 189 (Fla. 1st DCA 1974)
- City OF Miami Springs v. The Honorable Frederick N. Barad, 448 So. 2d 510 (Fla. 3d DCA 1983)
- Pompano Beach Police & Firemen's Pension Fund v. Orestes J. Franza, 405 So. 2d 446 (Fla. 4th DCA 1981)
- Herb v. Louie L. Wainwright, 155 So. 2d 540 (Fla. 1963)
- McCULLEY Ford, Inc. v. Calvin, 314 So. 2d 592 (Fla. 1975)
- Ranson I. Wilson v. Arra Constr. Co., Inc., 184 So. 2d 177 (Fla. 1966)
- Andersen v. Mason, 184 So. 2d 177 (Fla. 1966)