L.G.H. v. Department of Children & Family Services

District Court of Appeal of Florida

L.G.H. v. Department of Children & Family Services

735 So. 2d 548, 1999 Fla. App. LEXIS 6825, 1999 WL 357625

CourtDistrict Court of Appeal of Florida

DecidedMay 27, 1999

DocketNo. 97-4962

StatusPublished

Cited by2 cases

This text of 735 So. 2d 548 (L.G.H. v. Department of Children & Family Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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L.G.H. v. Department of Children & Family Services, 735 So. 2d 548, 1999 Fla. App. LEXIS 6825, 1999 WL 357625 (Fla. Ct. App. 1999).

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Opinion

PER CURIAM.

This cause is before us on appeal from an order of Appellee reversing, as based on hearsay, the order of the administrative law judge (ALJ). We reverse.

Hearsay is admissible in administrative proceedings, but “hearsay alone does not constitute competent, substantial evidence.” Forehand v. School Board of Gulf County, 600 So.2d 1187, 1191 (Fla. 1st DCA 1992). Due to the nature of the proceedings below, arising from allegations of financial exploitation¹ and dealing with the intent in authorizing Appellant to make various transfers of funds, much of the evidence offered was hearsay. Review of the record, however, shows that the [549]*549determination of the ALJ was not based on hearsay alone, but was supported by direct evidence. § 120.57(l)(c), Fla. Stat. Accordingly, we reverse and remand to the Department for entry of an order in accordance with the recommendation of the ALJ that Appellant’s name be expunged from the abuse registry.

REVERSED and REMANDED.

BOOTH and VAN NORTWICK, JJ., CONCUR. BENTON, J., CONCURS IN RESULT ONLY.

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PER CURIAM.

This cause is before us on appeal from an order of Appellee reversing, as based on hearsay, the order of the administrative law judge (ALJ). We reverse.

Hearsay is admissible in administrative proceedings, but “hearsay alone does not constitute competent, substantial evidence.” Forehand v. School Board of Gulf County, 600 So.2d 1187, 1191 (Fla. 1st DCA 1992). Due to the nature of the proceedings below, arising from allegations of financial exploitation¹ and dealing with the intent in authorizing Appellant to make various transfers of funds, much of the evidence offered was hearsay. Review of the record, however, shows that the [549]*549determination of the ALJ was not based on hearsay alone, but was supported by direct evidence. § 120.57(l)(c), Fla. Stat. Accordingly, we reverse and remand to the Department for entry of an order in accordance with the recommendation of the ALJ that Appellant’s name be expunged from the abuse registry.

REVERSED and REMANDED.

BOOTH and VAN NORTWICK, JJ., CONCUR. BENTON, J., CONCURS IN RESULT ONLY.

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735 So. 2d 548, 1999 Fla. App. LEXIS 6825, 1999 WL 357625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lgh-v-department-of-children-family-services-fladistctapp-1999.

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