Butler v. Board of Nursing

107 So. 3d 1184, 2013 WL 541111, 2013 Fla. App. LEXIS 2295
CourtDistrict Court of Appeal of Florida
DecidedFebruary 14, 2013
DocketNo. 1D12-3497
StatusPublished
Cited by3 cases

This text of 107 So. 3d 1184 (Butler v. Board of Nursing) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Butler v. Board of Nursing, 107 So. 3d 1184, 2013 WL 541111, 2013 Fla. App. LEXIS 2295 (Fla. Ct. App. 2013).

Opinion

PER CURIAM.

Rodger Butler appeals the Florida Board of Nursing’s final order revoking his state nursing license, alleging he was denied due process when he was not notified of the final hearing at which his license was revoked. The Department of Health concedes that, although the failure to properly notify Butler was unintentional, it is nevertheless a material procedural error requiring reversal and remand. See § 120.68(7)(c) Fla. Stat.(2011).

Accordingly, we REVERSE the Board’s final order revoking Butler’s nursing license and REMAND for a new hearing, with instructions that Butler be provided adequate notice and an opportunity to be heard in accordance with federal and state principles of due process.

VAN NORTWICK, LEWIS, and SWANSON, JJ., concur.

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Related

Lucille Janet Carter v. Department of Health
District Court of Appeal of Florida, 2014
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151 So. 3d 558 (District Court of Appeal of Florida, 2014)
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118 So. 3d 842 (District Court of Appeal of Florida, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
107 So. 3d 1184, 2013 WL 541111, 2013 Fla. App. LEXIS 2295, Counsel Stack Legal Research, https://law.counselstack.com/opinion/butler-v-board-of-nursing-fladistctapp-2013.