FERGUSON V. MIAMI-DADE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2004 JACQUELYN FERGUSON, ** Appellant, ** vs. ** MIAMI-DADE COUNTY, CASE NO. 3D04-631 ** Appellee. ** ** LOWER TRIBUNAL NOS. 23-00271 22 02737 23-00270 Opinion filed December 29, 2004. An Appeal from the Florida Commission on Human Relations. Jacquelyn Ferguson, in proper person. Robert A. Ginsburg, Miami-Dade County Attorney, Kraftchick, Assistant County Attorney, for appellee. and Lee Before COPE, WELLS and SHEPHERD, JJ. PER CURIAM. Jacquelyn Ferguson appeals the Florida Commission on Human Relations retaliatory dismissal discharge of her and claims unlawful of sexual discharge harassment, from her employment. In the present case conflicting testimony was offered by the parties at the hearing before the administrative law judge. It was the responsibility of the administrative law judge to resolve the conflicts, which he did in this case in favor of the employer. See Wallace v. Zahn Dental Co., Inc., 618 So. 2d 382 (Fla. 3d DCA 1993). overturn the administrative law This court is not allowed to judge s factual findings, as long as there was competent, substantial evidence at the hearing which supports the findings. See § 120.68, Fla. Stat. (2004); Gonzalez v. Master Flowers, Inc., 605 So. 2d 180 (Fla. 3d DCA 1992). As we see no legal basis on which to disturb those findings, the order now before us is affirmed. See also St. Augustine Church v. Florida Unemployment Appeals Comm=n, 754 So. 2d 183 (Fla. 3d DCA 2000); Stahl v. Florida Unemployment Appeals Comm=n, 502 So. 2d 78 (Fla. 3d DCA 1987). Affirmed. 2

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