RODGER BUTLER, APPELLANT,
v.
BOARD OF NURSING, STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 2013-02-14
No. 1D12-3497
VAN NORTWICK, LEWIS, and SWANSON, JJ., concur.
107 So. 3d 1184 Florida District Court of Appeal, First District (2013) Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.

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nursing license, alleging he was denied due process when he was not notified of the final hearing at which his license was revoked.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.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Naresh Kumar Jain v. Fla. Dep't of Health, 118 So. 3d 842 (Fla. 1st DCA 2013)
    …Health properly concedes that the order must be reversed, and the matter remanded for a new hearing, because Appellant did not receive notice of the April 11, 2012, meeting at which the Board revoked his license. See Butler v. State Bd. of Nursing, 107 So. 3d 1184 (Fla. 1st DCA 2013) (reversing administrative order revoking state nursing license where board failed to properly notify appellant of hearing). REVERSED and REMANDED. CLARK, ROWE, and MARSTILLER, JJ, concur.…
  • Carter v. Dep't OF Health, 151 So. 3d 558 (Fla. 1st DCA 2014)
    …ee’s confession of error, the final order of the Florida Department of Health Board of Nursing revoking the appellant’s nursing license is REVERSED and this matter is REMANDED to the Board for further proceedings. See Butler v. State Bd. of Nursing, 107 So. 3d 1184 (Fla. 1st DCA 2013). WOLF, CLARK, and SWANSON, JJ., concur.…
  • C.B. C/o Debra Wallace v. Dep't of Child. & Families (Fla. 5th DCA 2021)

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