DEPT. OF PROFESSIONAL REG. v. NUDEL

No. 89-1769.

556 So.2d 766 (1990)

DEPARTMENT OF PROFESSIONAL REGULATION, Board of Medicine, Appellants, v. Jacob NUDEL, M.D., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied March 7, 1990.


Attorney(s) appearing for the Case

Lisa S. Nelson, Tallahassee, for appellant Dept. of Professional Regulation.

M. Catherine Lannon, Asst. Atty. Gen., Tallahassee, for appellant Bd. of Medicine.

James D. Demet of Klein & Tannen, P.A., North Miami Beach, for appellee.


SCHWARTZ, ALAN R., Associate Judge.

Pending a disciplinary proceeding before the Board of Medicine, based on alleged acts of "repeated malpractice," and notwithstanding the specific finding that the statutory provision, § 458.331(1)(t), Florida Statutes (1985), challenged by the appellee was not unconstitutional on its face, the trial court entered a declaratory judgment enjoining the proceeding on the ground that the statute was unconstitutional as applied to...

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