Opinion

Whitney v. FLORIDA DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE

  • 992 So. 2d 412
  • 2008 Fla. App. LEXIS 15906
  • 2008 WL 4568080
Court
District Court of Appeal of Florida
Filed
Oct 15, 2008
Status
Published
On the bench
Ramirez and Rothenberg, Jj., and Schwartz, Senior Judge
Cited by
0 cases
Authority
More cited than 42.4%

The opinion

992 So.2d 412 (2008)

Robert WHITNEY, D.C., Appellant,

v.

FLORIDA DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE, Appellee.

No. 3D07-3163.

District Court of Appeal of Florida, Third District.

October 15, 2008.

W.J. Barnes, for appellant.

Wings S. Benton and Patricia A. Nelson, for appellee.

Before RAMIREZ and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

PER CURIAM.

There is no basis in the evidence or law to support the determinations below that the appellant, a chiropractor, violated *413 § 460.413(1)(d), Fla. Stat. [1] See Rosenberg v. Dep't of Prof'l Reg., Bd. of Chiropractic Exam'rs, 488 So.2d 153 (Fla. 3d DCA 1986); Sherman v. Dep't of Prof'l Reg., 452 So.2d 1128 (Fla. 4th DCA 1984) (Anstead, C.J., concurring specially); see also Pub. Health Trust of Dade Co. v. Lopez, 531 So.2d 946 (Fla.1988); Hotel & Rest. Comm'n v. Sunny Seas No. One, Inc., 104 So.2d 570 (Fla.1958). Accordingly, the order imposing discipline upon appellant is reversed for dismissal of the proceeding below.

Reversed.

NOTES

[1] "The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2): ... (d) False, deceptive, or misleading advertising."

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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