Opinion

Lusskin v. Department of Professional Regulation, Board of Medicine

611 So. 2d 1
1992 Fla. App. LEXIS 12707
1992 WL 361330

Court: District Court of Appeal of Florida
Filed: Dec 9, 1992
Status: Published
Author: Anstead
On the bench: Anstead, Dell, Downey
Cited by: 2 cases
Authority: More cited than 0.1%

The opinion

ANSTEAD, Judge,

dissenting.

This is a rather bizarre case involving allegations of professional and sexual misconduct by the appellant-physician. While there is substantial, perhaps overwhelming, evidence in the record to sustain the charges against appellant, the fact remains that the hearing officer, in detailed findings, found in the appellant’s favor. Because there is also evidence to support those findings, I would reverse and hold that the Department acted beyond its authority in setting aside the factual conclusions made by the hearing officer. Cf. Glover v. Sanford Child Care, Inc., 429 So.2d 91 (Fla. 5th DCA 1983).

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