Opinion

Bryant v. Department of Professional Regulation, Board of Nursing

  • 603 So. 2d 131
  • 1992 Fla. App. LEXIS 8572
  • 1992 WL 191605
Court
District Court of Appeal of Florida
Filed
Aug 11, 1992
Status
Published
On the bench
Barkdull, Gersten, Jorgenson
Cited by
1 cases
Authority
More cited than 51.7%

The opinion

PER CURIAM.

Bryant appeals from a final administrative order of the Department of Professional Regulation, Board of Nursing, suspending his license to practice nursing in Florida for five years. He argues that the Department did not give him “reasonable notice” of the administrative hearing to be held concerning charges against him. We agree and reverse.

“A fundamental requirement of due process in any proceeding which is to be accorded finality ‘is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency’ of an action.” Highsmith v. Dept. of Professional Regulation, 499 So.2d 19, 20 (Fla. 1st DCA1986), citing Quay Development Inc. v. Elegante Bldg. Corp., 392 So.2d 901, 903 (Fla.1981). Finding no relevant distinctions between this case and Highsmith , we reverse the order of suspension and remand with directions to the Board to hold a new hearing following the issuance of reasonable notice to Bryant and his counsel.

Reversed and remanded with directions.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.