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Venture Corp. of Sarasota v. Department of Business Regulation

Citations: 557 So. 2d 686; 1990 Fla. App. LEXIS 1343; 1990 WL 20385Docket: No. 89-245

Court: District Court of Appeal of Florida; March 7, 1990; Florida; State Appellate Court

Narrative Opinion Summary

An administrative appeal has been filed regarding an order by the Department of Business Regulation against Venture Corporation of Sarasota, Inc. and its officers, Donald Kun, Sr. and Donald Kun, Jr., for violations of the Florida Condominium Act and the Florida Uniform Land Sales Practices Act. The appellate court emphasizes its limited scope of review, affirming administrative decisions only if supported by competent substantial evidence, as established in prior case law. After thorough examination of the record, the court finds insufficient evidence to hold Donald Kun, Jr. liable. Consequently, the court reverses the sanctions imposed on him and remands the case for further proceedings. Judges W. Sharp and Cowart concur with the decision.

Legal Issues Addressed

Liability Under the Florida Condominium Act and the Florida Uniform Land Sales Practices Act

Application: The court finds that there is insufficient evidence to hold Donald Kun, Jr. liable for violations of the Florida Condominium Act and the Florida Uniform Land Sales Practices Act.

Reasoning: After thorough examination of the record, the court finds insufficient evidence to hold Donald Kun, Jr. liable.

Reversal and Remand in Administrative Sanction Cases

Application: Due to the lack of evidence against Donald Kun, Jr., the court reverses the sanctions imposed on him and remands the case for further proceedings.

Reasoning: Consequently, the court reverses the sanctions imposed on him and remands the case for further proceedings.

Scope of Appellate Review in Administrative Appeals

Application: The appellate court emphasizes its limited scope of review and affirms administrative decisions only if they are supported by competent substantial evidence.

Reasoning: The appellate court emphasizes its limited scope of review, affirming administrative decisions only if supported by competent substantial evidence, as established in prior case law.