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DEPT. OF PROFESSIONAL REGULATION v. WISE

No. 90-728.

575 So.2d 713 (1991)

DEPARTMENT OF PROFESSIONAL REGULATION, Appellant/Cross Appellee, v. Melvin S. WISE, M.D., Appellee/Cross Appellant.

District Court of Appeal of Florida, First District.

Rehearing Denied March 13, 1991.

Attorney(s) appearing for the Case

Lisa S. Nelson of the Department of Professional Regulation, Tallahassee, for appellant/cross appellee.

Mark P. Lang, of Mark P. Lang, P.A., Orlando, for appellee/cross appellant.

Rick Kolodinsky of Kolodinsky & Berg, New Smyrna Beach, Amy Berman Jackson and Nancy A. Voisin of Venable, Baetjer, Howard & Civiletti, and Donna Lenhoff of the Women's Legal Defense Fund, Washington, D.C., for amicus curiae Women's Legal Defense Fund.

Paul Watson Lambert, and Stephen Marc Slepin of Slepin & Schwartz, Tallahassee, for amicus curiae Professional License Defense Lawyers Assn.

ALLEN, Judge.

The Department of Professional Regulation (the department) appeals from a final order of the Board of Medicine (the board) dismissing disciplinary proceedings against the appellee, Dr. Melvin S. Wise. In dismissing the action against the appellee, the board relied upon findings of fact set forth in a recommended order by a hearing officer of the Division of Administrative Hearings (the division). Because the recommended and final orders were based, at...

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