Opinion

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

436 So. 2d 297
1983 Fla. App. LEXIS 20181

Court: District Court of Appeal of Florida
Filed: Aug 3, 1983
Status: Published
Author: Smith
On the bench: Nimmons, Shivers, Smith
Cited by: 0 cases

The 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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