ISLA DEL SOL OWNERS' ASSOCIATION, APPELLANT,
v.
FLORIDA DEPARTMENT OF TRANSPORTATION, APPELLEE

Fla. 1st DCA | 2001-09-11
No. 1D00-2113
BARFIELD, KAHN, and PADOVANO, JJ„ CONCUR.
793 So. 2d 1134 Florida District Court of Appeal, First District (2001) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

REVERSED. City of Sarasota v. State, 783 So. 2d 1186 (Fla. 1st DCA 2001).

BARFIELD, KAHN, and PADOVANO, JJ„ CONCUR.


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  • …as to the weight of the evidence on any disputed finding of fact. See § 120.68(7), (10), Fla. Stat. (2002); Nagy v. Florida Birth-Related Neurological Injury Comp. Ass’n, 813 So. 2d 155, 159 (Fla. 4th DCA 2002); Wallace Corp. v. City of Miami Beach, 793 So. 2d 1134 (Fla. 1st DCA 2001); Carreras v. Florida Birth-Related Neurological Injury Comp. Ass’n, 665 So. 2d 1082, 1084 (Fla. 3d DCA 1995).2 In Nagy, the court explained: “A determination of the administrative law judge as to the qualification of the claim f…
  • …Fla. Stat. While the evidentiary scales may appear from the appellate perch to tip in favor of one party versus another, it is generally improper to second-guess the fact-finder’s determinations to the contrary. Wallace Corp. v. City of Miami Beach, 793 So. 2d 1134, 1140 (Fla. 1st DCA 2001). Admittedly, the administrative law judge all but wiped the evidentiary slate clean by relegating the second report to hearsay status, nullifying much of the hos [*790] pital’s case. And referring to the prefatory language…

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