BROGAN v. CARTER

No. 96-3492.

694 So.2d 168 (1997)

Frank BROGAN, as Commissioner of Education, Appellant, v. Courtney CARTER and Florida Education Practices Commission, Appellees.

District Court of Appeal of Florida, First District.

June 9, 1997.


Attorney(s) appearing for the Case

J. David Holder, DeFuniak Springs, for Appellant.

Ronald G. Meyer and Robert J. Sniffen, of Meyer and Brooks, P.A., Tallahassee, for appellee Carter.

Robert A. Butterworth, Attorney General, and Rivers Buford, Jr., Assistant Attorney General, Tallahassee, for appellee Education Practices Commission.

Francisco M. Negron, Jr., Staff Counsel, Tallahassee, for amicus curiae Florida Education Association/United American Federation of Teachers.

Pamela L. Cooper, General Counsel, Tallahassee, for amicus curiae Florida Teaching Profession-National Education Association.


BARFIELD, Chief Judge.

The Commissioner of Education (Commissioner) challenges a final order of the Education Practices Commission (EPC) by which the EPC imposed a five year revocation of the appellee's teaching certificate, retroactive to May 28, 1990. Because the effective date of the revocation was arbitrary and capricious, and an abuse of discretion, we set aside the final order.

The Commissioner filed an administrative complaint seeking disciplinary action...

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