Garcia-Lavin v. Florida Department of Professional Regulation

District Court of Appeal of Florida

Garcia-Lavin v. Florida Department of Professional Regulation

588 So. 2d 998, 1991 Fla. App. LEXIS 8924, 1991 WL 174504

CourtDistrict Court of Appeal of Florida

DecidedSeptember 10, 1991

DocketNo. 90-2791

StatusPublished

This text of 588 So. 2d 998 (Garcia-Lavin v. Florida Department of Professional Regulation) 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

Garcia-Lavin v. Florida Department of Professional Regulation, 588 So. 2d 998, 1991 Fla. App. LEXIS 8924, 1991 WL 174504 (Fla. Ct. App. 1991).

Pincite

Opinion

PER CURIAM.

Marta Garcia-Lavin, M.D., appeals a final order of the Florida Department of Professional Regulation which suspended her license to practice medicine. As to Garcia-Lavin’s contention that her fourth amendment rights were violated, we conclude that under the standards set forth in United States v. Salvucci, 448 U.S. 83, 92, 100 S.Ct. 2547, 2553, 65 L.Ed.2d 619, 628 (1980); Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978); and United States v. Haydel, 649 F.2d 1152, 1154-55 (5th Cir.), modified, 664 F.2d 84 (5th Cir. Unit A 1981), cert. denied, 455 U.S. 1022, 102 S.Ct. 1721, 72 L.Ed.2d 140 (1982); see also Dean v. State, 478 So.2d 38, 41 (Fla. 1985), Garcia-Lavin is without standing to challenge the seizure of the pre-signed prescription forms she had left in the custody of (and on the premises of) her former employer, where those forms were seized [999]*999at the time of the arrest of her former employer. We therefore need not reach the Department’s alternative grounds for affirmance on that issue. In any event, even if that were not so and even if the forms should have been excluded from evidence, Garcia-Lavin’s admissions in her affidavit established all of the facts necessary to the hearing officer’s findings. Had there been any evidentiary error with regard to the prescription forms, it would have been harmless. As the other points on appeal likewise show no reversible error, the judgment is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Marta Garcia-Lavin, M.D., appeals a final order of the Florida Department of Professional Regulation which suspended her license to practice medicine. As to Garcia-Lavin’s contention that her fourth amendment rights were violated, we conclude that under the standards set forth in United States v. Salvucci, 448 U.S. 83, 92, 100 S.Ct. 2547, 2553, 65 L.Ed.2d 619, 628 (1980); Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978); and United States v. Haydel, 649 F.2d 1152, 1154-55 (5th Cir.), modified, 664 F.2d 84 (5th Cir. Unit A 1981), cert. denied, 455 U.S. 1022, 102 S.Ct. 1721, 72 L.Ed.2d 140 (1982); see also Dean v. State, 478 So.2d 38, 41 (Fla. 1985), Garcia-Lavin is without standing to challenge the seizure of the pre-signed prescription forms she had left in the custody of (and on the premises of) her former employer, where those forms were seized [999]*999at the time of the arrest of her former employer. We therefore need not reach the Department’s alternative grounds for affirmance on that issue. In any event, even if that were not so and even if the forms should have been excluded from evidence, Garcia-Lavin’s admissions in her affidavit established all of the facts necessary to the hearing officer’s findings. Had there been any evidentiary error with regard to the prescription forms, it would have been harmless. As the other points on appeal likewise show no reversible error, the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

588 So. 2d 998, 1991 Fla. App. LEXIS 8924, 1991 WL 174504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-lavin-v-florida-department-of-professional-regulation-fladistctapp-1991.

Opinion

Related

Cite This Page — Counsel Stack