Sullivan v. Brownlee

Carley, Judge,

concurring specially.

I agree with the judgment of the majority. However, I do not agree with that portion of Division 2 which purports to articulate the application of our standard of review of the superior court’s decision. Specifically I refer to the statement of the majority that “we must determine whether there is any evidence supporting the superior court’s ruling that the Board’s denial of appellant’s pension applica*816tion was supported by substantial evidence.” (Emphasis supplied.) (Majority opinion, page 814.) I simply do not believe that, in the context of this case, the “any evidence” standard has any application. I would affirm because “our own review of the record convinces us that there was substantial evidence to support the decision of the [Board].” Smith v. Elder, 174 Ga. App. 316 (329 SE2d 511) (1985).

Decided May 7, 1985 Rehearing denied May 22, 1985. Michael W. Elroy, Frederick F. Saunders, Jr., for appellant. John Tye Ferguson, Susan Barker Forsling, for appellants.