# Butler v. Board of Nursing

> District Court of Appeal of Florida · February 14, 2013 · 107 So. 3d 1184

URL: https://www.frixlaw.com/law-library/cases/4798549

## Case

- **Full name:** Rodger BUTLER v. BOARD OF NURSING, STATE of Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** February 14, 2013
- **Citations:** 107 So. 3d 1184; 2013 Fla. App. LEXIS 2295; 2013 WL 541111
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Lewis, Nortwick, Swanson
- **Cited by:** 3 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/4798549

## How later opinions describe it (automated extraction)

- reversing administrative order revoking state nursing license where board failed to properly notify appellant of hearing

## Opinion text

PER CURIAM.
Rodger Butler appeals the Florida Board of Nursing’s final order revoking his state nursing license, alleging he was denied due process when he was not notified of the final hearing at which his license was revoked. The Department of Health concedes that, although the failure to properly notify Butler was unintentional, it is nevertheless a material procedural error requiring reversal and remand. See § 120.68(7)(c) Fla. Stat.(2011).
Accordingly, we REVERSE the Board’s final order revoking Butler’s nursing license and REMAND for a new hearing, with instructions that Butler be provided adequate notice and an opportunity to be heard in accordance with federal and state principles of due process.
VAN NORTWICK, LEWIS, and SWANSON, JJ., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4798549. Public record. Not legal advice.