Gentry v. Department of Professional and Occupational Regulations, State Bd. of Medical Examiners, S--494
| Decision Date | 04 October 1973 |
| Docket Number | No. S--494,S--494 |
| Citation | 283 So.2d 386 |
| Parties | Jean W. GENTRY, Petitioner, v. The DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATIONS, STATE BOARD OF MEDICAL EXAMINERS of Florida, Respondent. |
| Court | Florida District Court of Appeals |
Joseph D. Farish, Jr., of Farish & Farish, West Palm Beach, for petitioner.
Michael I. Schwartz, Tallahassee, for respondent.
Petitioner was charged by respondent with four separate violations of the Medical Practice Act, Chapter 458, Florida Statutes, F.S.A. governing the practice of medicine by duly licensed medical doctors in Florida. A hearing examiner was duly appointed and testimony was adduced concerning the charges so made against petitioner. The hearing examiner filed with respondent his report containing findings of fact, conclusions of law, and recommendations for disposition of the case. Exceptions to the special examiner's report were filed and heard by respondent, following which a final order was rendered overruling petitioner's exceptions and adopting, ratifying, and confirming three of the special examiner's recommendations with regard to disciplinary action which should be taken against petitioner, and modifying the fourth recommendation made for the same purpose.
Petitioner now seeks review by certionari of the final order rendered by respondent pursuant to the provisions of the Administrative Procedures Act, F.S. Chapter 120, F.S.A. One of the points urged by petitioner is that the final order sought to be reviewed should be quashed and held for naught because it contains no findings of fact as a predicate for the disciplinary action taken by repondent as required by law. With this contention we are impelled to agree. A careful examination of the final order sought to be reviewed affirmatively discloses that it contains no findings of fact by respondent nor does it adopt, ratify, or confirm the findings of fact expressed in the special examiner's report and recommendations. The order merely recites that respondent has considered the recommendations of the hearing examiner, the exceptions filed thereto, the rules of the Florida State Board of Medical Examiners, and thereupon orders that the exceptions be overruled, that three of the special examiner's recommendations be adopted, and that the fourth be modified to provide different conditions.
It has been repeatedly held by the courts of this state that in order to assure due process and equal protection of the...
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Irvine v. Duval County Planning Com'n
...findings is ineffectual as a predicate for the order sought to be enforced. Gentry v. Dept. of Professional & Occupational Regulations, State Board of Medical Examiners, 283 So.2d 386, 387 (Fla. 1st DCA 1973). Accord, e.g., Hickey v. Wells, 91 So.2d 206 (Fla.1957); Laney v. Holbrook, 8 So.2......
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...required specific findings of fact in both the recommended order and the final order. See generally Gentry v. Department of Professional Regulation, 283 So.2d 386 (Fla. 1st DCA 1973); Ford v. Bay County School Board, 246 So.2d 119 (Fla. 1st DCA 1970); Sec. 120.59, Fla.Stat. (1989). This was......
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...v. International Association of Fire Fighters, Local, 384 So.2d 941 (Fla. 5th DCA 1980); Gentry v. Department of Professional and Occupational Regulations, 283 So.2d 386 (Fla. 1st DCA 1973), the only remaining question is whether the hearing officer's disposition of appellant's proposed fin......
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Snyder house rules? The new deference in the review of quasi-judicial decisions.
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