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DEPT. OF BUSINESS & PRO. REG. v. McCARTHY

No. 93-1534.

638 So.2d 574 (1994)

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, Appellant, v. Patrick J. McCARTHY, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 15, 1994.

Attorney(s) appearing for the Case

Lisa S. Nelson, Asst. Gen. Counsel, Dept. of Business and Professional Regulation, for appellant.

Gerald B. Sternstein of Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Tallahassee, for appellee.

KAHN, Judge.

The Department of Business and Professional Regulation (Department) appeals an order of the Board of Medicine (Board) which rejects several of the hearing officer's findings of fact and dismisses the charges filed against Dr. Patrick McCarthy. We find that the Board improperly weighed the evidence and reverse.

Dr. McCarthy was charged with violating section 458.331(1)(m) and (t), Florida Statutes,1 in his delivery...

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