Florida District Courts of Appeal, 1983

Bevier v. Department of Professional Regulation, Board of Medical Examiners

Bevier v. Department of Professional Regulation, Board of Medical Examiners
Florida District Courts of Appeal · Decided August 3, 1983 · Nimmons, Shivers, Smith
436 So. 2d 297; 1983 Fla. App. LEXIS 20181 (Southern Reporter, Second Series)

Bevier v. Department of Professional Regulation, Board of Medical Examiners

Opinion of the Court

PER CURIAM.

AFFIRMED.

SHIVERS and NIMMONS, JJ., concur. ROBERT P. SMITH, Jr., J., specially concurs with opinion.

Concurring Opinion

ROBERT P. SMITH, Jr., Judge,

specially concurring.

I concur in the affirmance and write only to advise counsel and the parties that the court did not casually abandon the concerns expressed at oral argument over the Board’s apparent resort to evidence dehors the charging instrument in characterizing the subject conduct and in setting a penalty. Counsel did not advise us at argument of the colloquy at R. 37-40. Concerning the question of suspension or revocation, the Board’s rule discussed at argument does not appear to pertain to the particular violation charged.

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