RAY E. GANS, D. C., APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION, DIVISION OF PROFESSIONS, BOARD OF CHIROPRACTIC EXAMINERS, APPELLEE
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PER CURIAM.
The administrative order under review is affirmed upon a holding that: (a) the standard of proof employed by the hearing examiner in reaching the findings of fact in this cause was not one of preponderance of the evidence, as both parties to this appeal have mistakenly assumed, and, accordingly, we have no occasion to determine whether the utilization of such a standard would in the abstract, constitute reversible error, as urged by appellant, it being abundantly clear that such an alleged error did not occur in this case, Cottrell v. Amerkan, 160 Fla. 390, 35 So. 2d 383, 384 (1948) (court syllabus no. 1); 3 Fla.Jur.2d “Appellate Review” § 286 (1978); and (b) the excessive penalty point raised by the appellant herein has no merit. Florida Real Estate Commission v. Webb, 367 So. 2d 201 (Fla.1979).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Fla. Real Est. Comm'n & Casimir Szpak v. Webb, 367 So. 2d 201 (Fla. 1978)
- Meeky Cottrell v. Amerkan, 160 Fla. 390 (Fla. 1948)