Opinion

Bek-New Chemist, Inc. v. Department of Professional Regulation, Board of Pharmacy

  • 9 Fla. L. Weekly 1729
  • 453 So. 2d 881
  • 1984 Fla. App. LEXIS 14567
Court
District Court of Appeal of Florida
Filed
Aug 7, 1984
Status
Published
On the bench
Pearson, Schwartz, Scott
Cited by
1 cases
Authority
More cited than 59.4%

The opinion

PER CURIAM.

Appellants, Howard Newman, a pharmacist, and Bek-New Chemist, Inc., a pharmacy, were charged with dispensing a controlled substance without a prescription and failing to maintain accurate records of a controlled substance. At a brief hearing, which appellant Newman failed to attend, the hearing officer recommended to the Department of Professional Regulation that Newman’s license and Bek-New Chemist’s permit be revoked based upon evidence presented. The Department acted on the recommendation and the hearing concluded before Newman’s arrival. It appears that Newman arrived some twenty minutes late for the hearing and sought to vacate the default and schedule a rehearing. His efforts, however, were futile.

*882 From a review of the record, it appears unduly harsh and oppressive to deprive Newman of his livelihood upon his default in this case. We note that Appellee’s counsel was granted a continuance earlier in the proceedings. Additionally, appellants’ failure to employ counsel to steer them through the procedural shoals should not be fatal to their appeal. We therefore reverse and direct that the cause be remanded for a hearing on the merits.

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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