FRED HALL, D. C. RYALS, J. W. JETER, ALLEN MCLEOD, JOHN DANIELS, O. F. BROOKS AND J. I. MATHIS,

v.

FLOYD ELLIS, AS SHERIFF OF LEE COUNTY, FLORIDA

Citator

Cited By (11 total)

• Dep't OF Legal Affairs v. Dist. Court OF Appeal, 434 So. 2d 310 (Fla. 1983)
  …2d 347 (Fla.1954), this Court grappled with the question of whether naturopathic physicians had the authority to prescribe drugs. A trial judge had apparently ruled in a prior case which had been affirmed without opinion, In re Complaint of Melser, 160 Fla. 333, 32 So. 2d 742 (1947), that a naturopath could prescribe drugs. In discussing that case the original majority opinion stated: “An affirmance without an opinion is an approval only of the point decided or result reached by the court below, and not o…

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• Melville P. Eslin, Jr. v. Collins, 108 So. 2d 889 (Fla. 1959)
  …rected to the special privileges given by the Act to Class One naturo-paths, allegedly denying to him the equal protection of the law. He bases his contention on the following matters: Under the 1927 Act, as construed by this court in In re Melser, 160 Fla. 333, 32 So. 2d 742, and State Department of Public Welfare v. Melser, Fla.1954, 69 So. 2d 347, licensed naturopaths were authorized to prescribe and administer drugs, including narcotics. The 1957 amendatory Act specifically prohibited licensed naturopa…
• State Dep't of Pub. Welf. v. Melser, 69 So. 2d 347 (Fla. 1953)
  …ome possible ground of misinterpretation of it, as extending to cases not intended by the legislature to be brought within its purview.’ ” We are not unmindful of the affirmance by the Court without opinion of the case of In re Complaint of Melser, 160 Fla. 333, 32 So. 2d 742, in which case the Circuit Judge had held that a licensed naturopathic practitioner may prescribe narcotic drugs. Chapter 398, Florida Statutes, F.S.A., should be construed as a whole and not by isolated sections. It does not appear f…

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