Page v. State Board of Medical Examiners, (1940)
Court: Supreme Court of Florida
Number:
Visitors: 5
Judges: CHAPMAN, J.
Attorneys: Keen Allen, J. Velma Keen, Wm. P. Allen and A. Frank O'Kelley, Jr., for Plaintiff;
John W. Prunty, for Defendants.
Filed: Jan. 09, 1940
Latest Update: Mar. 02, 2020
Summary: This is a case of original jurisdiction. The petitioner for a writ of prohibition shows that the State Board of Medical Examiners of Florida served notice on the plaintiff that they would proceed to hear charges filed against him for the revocation of his license to practice medicine in the State of Florida. The basis for the proposed revocation is that the plaintiff was convicted of a *Page 295 felony on April 5, 1935, in the District Court of the United States in and for the Western District o
Summary: This is a case of original jurisdiction. The petitioner for a writ of prohibition shows that the State Board of Medical Examiners of Florida served notice on the plaintiff that they would proceed to hear charges filed against him for the revocation of his license to practice medicine in the State of Florida. The basis for the proposed revocation is that the plaintiff was convicted of a *Page 295 felony on April 5, 1935, in the District Court of the United States in and for the Western District of..
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I do not think the record shows a "conviction," in the light of the cases cited, but I am of the opinion that this is a matter of defense, not a matter of jurisdiction, and that the demurrer raising the point that writ of prohibition is not the appropriate remedy is well taken.
Source: CourtListener
