DR. WILLIAM LATSON v. SCHOOL BOARD OF PALM BEACH COUNTY ( 2021 )


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  •        DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
    FOURTH DISTRICT
    DR. WILLIAM LATSON,
    Appellant,
    v.
    SCHOOL BOARD OF PALM BEACH COUNTY,
    Appellee.
    No. 4D20-2577
    [November 3, 2021]
    Appeal from the State of Florida, Division of Administrative Hearings,
    and the School Board of Palm Beach County; L.T. Case No. DOAH 19-
    6177.
    Thomas E. Elfers, Miami, and Craig J. Freger, Pembroke Pines, for
    appellant.
    Sean Fahey, Office of General Counsel, The School Board of Palm Beach
    County, Florida, West Palm Beach, for appellee.
    PER CURIAM.
    We affirm the School Board’s order terminating appellant’s
    employment.      The Board’s rejection of conclusions reached in the
    administrative law judge’s order, which were mixed questions of fact and
    law, were imbued with policy considerations on which the appellate court
    should defer to the agency. See Winters v. Fla. Bd. of Regents, 
    834 So. 2d 243
    , 250 (Fla. 2d DCA 2002) (affirming in part agency order which rejected
    hearing officer’s findings and conclusions, noting that “where the matter
    under review ‘is infused with overriding policy considerations, the issue
    should be left to the agency.’” (citing Pillsbury v. State, Dep’t of Health &
    Rehabilitative Servs., 
    744 So. 2d 1040
    , 1042 (Fla. 2d DCA 1999))).
    Affirmed.
    WARNER, LEVINE and KLINGENSMITH, JJ., concur.
    *          *          *
    Not final until disposition of timely filed motion for rehearing.
    

Document Info

Docket Number: 20-2577

Filed Date: 11/3/2021

Precedential Status: Precedential

Modified Date: 11/3/2021