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

> District Court of Appeal of Florida · October 15, 2008 · 992 So. 2d 412

URL: https://www.frixlaw.com/law-library/cases/1813930

## Case

- **Court:** District Court of Appeal of Florida
- **Decided:** October 15, 2008
- **Citations:** 992 So. 2d 412; 2008 Fla. App. LEXIS 15906; 2008 WL 4568080
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Ramirez and Rothenberg, Jj., and Schwartz, Senior Judge
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/1813930

## Opinion text

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."

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/1813930. Public record. Not legal advice.