Dental Bd. of California v. Miller
The Dental Board of California (Board) appeals from the trial courts order dissolving a preliminary injunction after the trial court discovered on the second day of trial that the parties had entered into an agreement approximately five months earlier settling the case. The preliminary injunction had prevented defendant Rick Miller from practicing dentistry without a license. Although this case presented a single, simple question of statutory interpretation, that issue was never tried below. The Board now expects this court to resolve the merits of the case, ignoring the basic rule that our jurisdiction is limited to the review of a judgment or appealable order. The Board brought this action to enjoin Miller from the unlicensed practice of dentistry, and was successful in obtaining a preliminary injunction that prevented Miller from providing dental services without a license in violation of the Dental Practice Act. Millers defense to the action was that he was exempt from the licensing requirements of the Dental Practice Act based upon an exception to the licensing requirements of the Medical Practice Act. The judgment (order) is affirmed.
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