Hunt v. Department of Professional Regulation, Board of Psychological Examiners

District Court of Appeal of Florida

Hunt v. Department of Professional Regulation, Board of Psychological Examiners

558 So. 2d 156, 1990 Fla. App. LEXIS 1720, 1990 WL 26689

District Court of Appeal of Florida·Decided March 14, 1990·No. No. 89-3098·Published·Cited by 1 cases

Opinion

ORDER ON MOTION FOR STAY

PER CURIAM.

Appellant files a motion to stay the final order of the Department of Professional Regulation, Board of Psychological Examiners (Board), pending this appeal. We deny the motion for stay.

The final order of the Board, among other things, placed appellant’s license on probation for two years with specific restrictions. In support of his motion for stay pending appeal, appellant cites to Section 120.68(3), Florida Statutes, which states that “if the agency decision has the effect of suspending or revoking a license, super-sedeas shall be granted as a matter of right....” The final order of the Board neither suspended nor revoked the appellant’s license, accordingly, the automatic stay provision of Section 120.68(3), is not applicable. The motion for stay is denied.

ERVIN, WENTWORTH and BARFIELD, JJ., concur.

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ORDER ON MOTION FOR STAY

PER CURIAM.

Appellant files a motion to stay the final order of the Department of Professional Regulation, Board of Psychological Examiners (Board), pending this appeal. We deny the motion for stay.

The final order of the Board, among other things, placed appellant’s license on probation for two years with specific restrictions. In support of his motion for stay pending appeal, appellant cites to Section 120.68(3), Florida Statutes, which states that “if the agency decision has the effect of suspending or revoking a license, super-sedeas shall be granted as a matter of right....” The final order of the Board neither suspended nor revoked the appellant’s license, accordingly, the automatic stay provision of Section 120.68(3), is not applicable. The motion for stay is denied.

ERVIN, WENTWORTH and BARFIELD, JJ., concur.

Hunt v. Department of Professional Regulation, Board of Psychological Examiners, 558 So. 2d 156, 1990 Fla. App. LEXIS 1720, 1990 WL 26689 (Fla. Ct. App. 1990).

Pincite

558 So. 2d 156 (Hunt v. Department of Professional Regulation, Board of Psychological Examiners) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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