183 So. 2d 535 | Fla. | 1966
Complaint was filed by the Florida State Board of Dental Examiners against Martin Beckerman, charging him with the unauthorized practice of dentistry in violation of F.S. Ch. 466, F.S.A.
Motion to dismiss the complaint based on the contention that F.S. § 466.29, F.S.A., is unconstitutional as a violation of the constitutional inhibition against bills of attainder under Section 16 of the Declaration of Rights of the Constitution of the State of Florida F.S.A. was interposed. In denying the motion the circuit court upheld the constitutionality of F.S. § 466.29, F.S.A. This appeal is from the order denying the motion to dismiss. Our jurisdiction is properly invoked by the appeal pursuant to Section 4(2), Article V of the State Constitution, F.S.A., since the constitutionality of § 466.29 is raised.
We find that the contention of the Appellant cannot be sustained. Our study of F.S. § 466.29, F.S.A., shows it to be permissive with the circuit court as to whether an injunction should be granted or denied. The following language from said statute is illustrative of this fact:
“ * * * When it appears to the board that any person is practicing dentistry or dental hygiene in this state without a license * * * the board may, upon application to the proper court, be granted a temporary injunction directed to such person, * * (Emphasis supplied.)
Neither does the language of the statute make it mandatorily incumbent upon the chancellor to issue a permanent injunction.
In order to invoke the injunction power of the court the Board must establish a prima facie case by sufficient pleading and proof showing that the person complained against has been practicing dentistry or dental hygience in the state without a license. This appears to have been
The order of the court below is affirmed.