From Casetext: Smarter Legal Research

Bryant v. Dept. of Pro. Regulation

District Court of Appeal of Florida, Third District
Aug 11, 1992
603 So. 2d 131 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-2990.

August 11, 1992.

An Appeal from the Florida Department of Professional Regulation, Board of Nursing.

McCrary Blizzard Mosley and Jesse J. McCrary, Jr., for appellant.

Lisa S. Nelson, Tallahassee, for appellee.

Before BARKDULL, JORGENSON, and GERSTEN, JJ.


Bryant appeals from a final administrative order of the Department of Professional Regulation, Board of Nursing, suspending his license to practice nursing in Florida for five years. He argues that the Department did not give him "reasonable notice" of the administrative hearing to be held concerning charges against him. We agree and reverse.

"A fundamental requirement of due process in any proceeding which is to be accorded finality `is notice reasonably calculated, under all the circumstances, to apprise interested parties of the pendency' of an action." Highsmith v. Dept. of Professional Regulation, 499 So.2d 19, 20 (Fla. 1st DCA 1986), citing Quay Development Inc. v. Elegante Bldg. Corp., 392 So.2d 901, 903 (Fla. 1981). Finding no relevant distinctions between this case and Highsmith, we reverse the order of suspension and remand with directions to the Board to hold a new hearing following the issuance of reasonable notice to Bryant and his counsel.

Reversed and remanded with directions.


Summaries of

Bryant v. Dept. of Pro. Regulation

District Court of Appeal of Florida, Third District
Aug 11, 1992
603 So. 2d 131 (Fla. Dist. Ct. App. 1992)
Case details for

Bryant v. Dept. of Pro. Regulation

Case Details

Full title:DANIEL ERNEST BRYANT, APPELLANT, v. DEPARTMENT OF PROFESSIONAL REGULATION…

Court:District Court of Appeal of Florida, Third District

Date published: Aug 11, 1992

Citations

603 So. 2d 131 (Fla. Dist. Ct. App. 1992)

Citing Cases

Hagopian v. Zimmer

It is well established under traditional notions of due process that Hagopian had an absolute right to notice…