HARRY MEYER KATZ, M.D., APPELLANT,
v.
STATE BOARD OF MEDICAL EXAMINERS, APPELLEE

Fla. 3d DCA | 1967-08-15
No. 66-902
Before CHARLES CARROLL, C. J., HENDRY, J., and DURDEN, WILLIAM L., Associate Judge.
201 So. 2d 805 Florida District Court of Appeal, Third District (1967) Positive Treatment
Cited by 8 cases

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Holding

The court affirmed the circuit court's denial of the petition for writ of certiorari.


Facts & Procedural History

The Florida Board of Medical Examiners revoked appellant's medical license. Appellant sought review via a petition for writ of certiorari in the circu…

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Opinion of the Court
HENDRY, Judge.

HENDRY, Judge.

Appellee, Florida Board of Medical Examiners, instituted proceedings against the appellant, Harry Meyer Katz, M.D., pursuant to §§ 458.12(1) (j) and 458.121, Fla. Stat., F.S.A. of the Medical Practice Act. After notice and hearing, appellant’s license to practice in Florida was revoked by the Board. Appellant filed a petition for writ of certiorari to. review the final order of revocation as provided in § 458.123(1), Fla. Stat, F.S.A., which petition was denied by the Circuit Court of Dade County. The instant appeal followed.

It is now well settled that this court has jurisdiction to review the order of the circuit court. Section 458.123(4), Fla.Stat, F.S.A., and Brunson v. State Board of Medical Examiners, Fla.App. 1966, 186 So.2d 276. However, the scope of review in such cases is limited. Florida State Board of Medical Examiners v. James, Fla. App. 1965, 175 So.2d 815.

The decision here reviewed is that of the circuit judge, not that of the Board. It was the duty of that judge to examine the Board’s decision and to determine *806whether or not such decision was rendered in accordance with the essential requirements of law. See Morris v. City of Hialeah, Fla.App.1962, 140 So.2d 615.

On the basis of the record before us, we find no error in the decision of the circuit judge. Accordingly, we affirm.

Affirmed.


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Citator

Cited By

  • Jones v. City OF Hialeah, 294 So. 2d 686 (Fla. 3d DCA 1974)
    …ble principles of law, and not whether error was committed before the Personnel Board. Morris v. City of Hialeah, Fla.App.1962, 140 So. 2d 615; Woods v. Goldstein, Fla.App.1965, 174 So. 2d 465; Katz v. State Board of Medical Examiners, Fla.App.1967, 201 So. 2d 805. Appellants have raised two points in their brief filed in this court, which were likewise contained in their briefs filed in circuit court. The first point challenges the admissibility of hearsay evidence before the Personnel Board, over objection…
  • Reese v. MacDOUGALL, 212 So. 2d 314 (Fla. 3d DCA 1968)
    …PER CURIAM. Affirmed. See: DeGroot v. Sheffield, Fla.1957, 95 So. 2d 912; Laney v. Board of Public Instruction, 153 Fla. 728, 15 So. 2d 748; Katz v. State Board of Medical Examiners, Fla.App.1967, 201 So. 2d 805; Florida State Board of Medical Examiners v. James, Fla.App.1965, 175 So. 2d 815; City of Miami v. Loughrey, Fla.App.1964. 166 So. 2d 236.…
  • …ements of law in making and entering its Final Order dated February 14, 1966. It is therefore, upon consideration * * * affirmed.” (Emphasis supplied). Appeal was then sought to the Third District Court of Appeal, wherein the judgment was affirmed (201 So. 2d 805), the Court saying: “It is now well settled that this court has jurisdiction to review the order of the circuit court. Section 458.123(4), Fla. Stat., F.S.A., and Brunson v. State Board of Medical Examiners, Fla.App.1966, 186 So. 2d 276. However, t…

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