Legal Opinion
Burton v. State, Department of Health
District Court of Appeal of Florida
Decided July 24, 2013No. 1D13-2009PublishedCited by 2 opinions
1Opinion of the CourtClark, J.
Dr. Kelli A. Burton, R.N.,1 petitions this Court for review of non-final agency action. She contends the Department of Health (the Department) exceeded its authority when it, by emergency order, suspended her license to practice nursing through summary proceedings and without a hearing. We have jurisdiction under sections 120.60(6) and 120.68(1), Florida Statutes, and Rule 9.100(c)(3), Florida Rules of Appellate Procedure. We agree with Dr. Burton and quash the Department’s emergency suspension order (ESO).
While the Department is entitled to emergently suspend a nursing license pending full…
2Cases cited4 opinions
- Nath v. State Department of HealthDistrict Court of Appeal of Florida · 2012
- Bio-Med Plus v. STATE, DEPT. OF HEALTHDistrict Court of Appeal of Florida · 2005
- Preferred RV, Inc. v. Department of Highway Safety & Motor VehiclesDistrict Court of Appeal of Florida · 2004
- MacHiela v. STATE, DEPT. OF HEALTH, BOARD OF OPTOMETRYDistrict Court of Appeal of Florida · 2008
3Cited by2 opinions
- Jared Duane Slay, RN v. State of Florida, Department of HealthDistrict Court of Appeal of Florida · 2015
- Slay v. State, Department of HealthDistrict Court of Appeal of Florida · 2015