Florida District Courts of Appeal, 1992

Lusskin v. Department of Professional Regulation, Board of Medicine

Florida District Courts of Appeal · Decided December 9, 1992 · No. 92-0251 · Anstead, Dell, Downey

611 So. 2d 1; 1992 Fla. App. LEXIS 12707; 1992 WL 361330 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

SARA SHIFRA GERBER v. TZVI MORDECHAI DUBROWSKI (Fla. Dist. Ct. App. 2023)
Lusskin v. DEPT. OF HEALTH, BD. OF MEDICINE (Fla. Dist. Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

AFFIRMED.

DOWNEY and DELL, JJ., concur. ANSTEAD, J., dissents with opinion.

Dissenting Opinion

ANSTEAD, Judge,

dissenting.

This is a rather bizarre case involving allegations of professional and sexual misconduct by the appellant-physician. While there is substantial, perhaps overwhelming, evidence in the record to sustain the charges against appellant, the fact remains that the hearing officer, in detailed findings, found in the appellant’s favor. Because there is also evidence to support those findings, I would reverse and hold that the Department acted beyond its authority in setting aside the factual conclusions made by the hearing officer. Cf. Glover v. Sanford Child Care, Inc., 429 So.2d 91 (Fla. 5th DCA 1983).

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