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CARTER v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD OF MEDICINE

No. 89-1227.

550 So.2d 494 (1989)

Jimmy Maxwell CARTER, Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION, BOARD of MEDICINE of the State of Florida, and Robert T. Benton, II, Hearing Officer of Division of Administrative Hearings, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied November 16, 1989.

Attorney(s) appearing for the Case

Thomas F. Woods of Gatlin, Woods, Carlson, and Cowdery, Tallahassee, for appellant.

Lisa S. Nelson, Department of Professional Regulation, Tallahassee, for appellees.

PER CURIAM.

This cause is before us on appeal of nonfinal agency action under Section 120.68(1), Florida Statutes. The Board of Medicine (the Board) seeks to institute disciplinary proceedings against appellant for alleged professional violations occurring while appellant was serving with the United States Army. Appellant seeks to prohibit the Board from proceeding further on grounds that the Board is without jurisdiction due to lack of statutory authority.

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