Opinion

Cressman v. Alabama Board of Medical Examiners

72 So. 3d 679
2011 Ala. Civ. App. LEXIS 123
2011 WL 1716599

Court: Court of Civil Appeals of Alabama
Filed: May 6, 2011
Status: Published
Author: Bryan
On the bench: Bryan, Moore, Pittman, Thomas, Thompson
Cited by: 0 cases

The opinion

*682 BRYAN, Judge,

concurring specially.

I concur in the main opinion. Because Dr. Cressman did not file a timely notice of appeal with the Alabama Board of Medical Examiners (“the Board”), we must dismiss the appeal. I write specially to note that the provision in § 34-24-380(c), Ala. Code 1975, merely requiring an appeal from a decision of the Board to be “filed, commenced, and maintained in the Alabama Court of Civil Appeals” may be a trap for the unwary. I urge the legislature to clarify the procedure for appealing from a decision of the Board.

THOMPSON, P.J., concurs.

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