ROBERT L. BEVIER, M.D., APPELLANT,
v.
DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICAL EXAMINERS, APPELLEE

Fla. 1st DCA | 1983-08-03
No. AQ-482
SHIVERS and NIMMONS, JJ., concur., ROBERT P. SMITH, Jr., J., specially concurs with opinion.
436 So. 2d 297 Florida District Court of Appeal, First District (1983) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

SHIVERS and NIMMONS, JJ., concur. ROBERT P. SMITH, Jr., J., specially concurs with opinion.

Concurrence
ROBERT P. SMITH, Jr., Judge,

ROBERT P. SMITH, Jr., Judge,

specially concurring.

I concur in the affirmance and write only to advise counsel and the parties that the court did not casually abandon the concerns expressed at oral argument over the Board’s apparent resort to evidence dehors the charging instrument in characterizing the subject conduct and in setting a penalty. Counsel did not advise us at argument of the colloquy at R. 37-40. Concerning the question of suspension or revocation, the Board’s rule discussed at argument does not appear to pertain to the particular violation charged.


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  • Echevarria v. State, 474 So. 2d 856 (Fla. 3d DCA 1985)
    …PER CURIAM. Affirmed. See Rodriguez v. State, 441 So. 2d 1129 (Fla.3d DCA 1983) (en banc), [*857] rev. denied, 451 So. 2d 850 (Fla.1984); Rodriguez v. State, 436 So. 2d 297 (Fla. 5th DCA 1983).…
  • Matias Farias v. State, 475 So. 2d 735 (Fla. 3d DCA 1985)
    …PER CURIAM. Affirmed. Rodriguez v. State, 436 So. 2d 297 (Fla. 5th DCA 1983); see State v. Enmund, 476 So. 2d 165 (Fla.1985).…

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