3d DCA Watch -- All Hail Brenda Vacarro Edition!


Hi kids, I'm so excited to see that Brenda Vacarro won a big big case in the Keys -- congrats, what a voice Brenda (in addition to your legal acumen)!

Oh wait my eyes are not that good -- congrats Branden Vicari of lovely Clearwater, Florida -- seriously, nice win.

Boss Guys -- give Branden his own listing, ok?

But in dissent Judge Rothenberg got heavy man, really really heavy:
Although the majority appears to base its decision to reverse the final judgment upon the premise that DOAH improperly reweighed the evidence, DOAH did not reweigh the evidence.  It simply reviewed the evidence itself after the ALJ refused to do so even after DOAH instructed the ALJ to reach the merits on remand.  A “reweighing” of the evidence infers that the evidence was initially weighed by the ALJ.  Since the ALJ failed to reach the merits after directed to do so on remand, he did not weigh the evidence.
That just blew my mind!

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