# Lusskin v. Department of Professional Regulation, Board of Medicine

> District Court of Appeal of Florida · December 9, 1992 · 611 So. 2d 1

URL: https://www.frixlaw.com/law-library/cases/7625501

## Case

- **Full name:** Bret L. LUSSKIN, M.D. v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE
- **Court:** District Court of Appeal of Florida
- **Decided:** December 9, 1992
- **Citations:** 611 So. 2d 1; 1992 Fla. App. LEXIS 12707; 1992 WL 361330
- **Precedential status:** Published
- **Opinion:** Dissent by Anstead
- **Judges:** Anstead, Dell, Downey
- **Cited by:** 2 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/7625501

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7625501. Public record. Not legal advice.