Supreme Court of Alabama, 2004

Ex Parte Medical Licensure Commission of Alabama

Ex Parte Medical Licensure Commission of Alabama
Supreme Court of Alabama · Decided December 30, 2004 · Johnstone, Denied, Nabers, See, Lyons, Harwood, Woodall, Stuart, Houston, Brown
904 So. 2d 288; 2004 Ala. LEXIS 361; 2004 WL 3016995 (Southern Reporter, Second Series)

Ex Parte Medical Licensure Commission of Alabama

Dissenting Opinion

HOUSTON, Justice

(dissenting).

I agree with Judge Crawley that the Court of Civil Appeals in deciding this case may have reweighed the evidence. Eley v. Medical Licensure Comm’n of Alabama, 904 So.2d 269 (Ala.Civ.App. 2003) (Crawley, J., dissenting). I also agree with Judge Crawley that the choice of punishment is *289totally within the discretion of the regulatory body, in this case the Medical Licen-sure Commission of Alabama, whether it is dealing with the revocation of a probationary license or a nonprobationary license. For these reasons, I would grant the petition for the writ of certiorari and review the decision of the Court of Civil Appeals. Therefore, I dissent.

Opinion of the Court

JOHNSTONE, Justice. WRIT DENIED. NABERS, C.J., and SEE, LYONS, HARWOOD, WOODALL, and STUART, JJ., concur. HOUSTON and BROWN, JJ., dissent.

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