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Dental Board of California v. Miller

California Court of Appeals, Third District, Sutter
Aug 25, 2008
No. C056513 (Cal. Ct. App. Aug. 25, 2008)

Opinion


DENTAL BOARD OF CALIFORNIA, Plaintiff and Respondent, v. RICK MILLER, Defendant and Appellant. C056513 California Court of Appeal, Third District, Sutter August 25, 2008

NOT TO BE PUBLISHED

Super. Ct. No. CVCS07-0028

BLEASE, Acting P. J.

Defendant Rick Miller appeals in pro per from an order granting a preliminary injunction enjoining him from “promoting, advertising, or providing dental services as defined under Business and Professions Code section 1625” or “constructing, altering, repairing, and selling dentures and denture services, when the casts or impressions have not been made by a licensed dentist or if made by a licensed dentist, a written authorization signed by the dentist does not accompany the work order or the work order or the work is not performed under the direct supervision of the dentist.”

On May 22, 2008, while this appeal was pending, the trial court entered summary judgment in favor of plaintiff Dental Board of California. Judgment was entered on July 9, 2008, permanently enjoining defendant from engaging in the same activities prohibited by the preliminary injunction. Thereafter, the Board moved to dismiss the appeal as moot.

The Board’s request to augment the record to include the order granting motion summary judgment and the judgment is granted. (Cal. Rules of Court, rule 8.155(a).)

The preliminary injunction merged into the summary judgment and permanent injunction. Accordingly, the appeal is moot and must be dismissed. (Pacific Gas & Electric Co. v. City of Berkeley (1976) 60 Cal.App.3d 123, 126, fn. 4; People v. Gordon (1951) 105 Cal.App.2d 711, 725.)

DISPOSITION

The appeal is dismissed.

We concur: NICHOLSON, J., ROBIE, J.


Summaries of

Dental Board of California v. Miller

California Court of Appeals, Third District, Sutter
Aug 25, 2008
No. C056513 (Cal. Ct. App. Aug. 25, 2008)
Case details for

Dental Board of California v. Miller

Case Details

Full title:DENTAL BOARD OF CALIFORNIA, Plaintiff and Respondent, v. RICK MILLER…

Court:California Court of Appeals, Third District, Sutter

Date published: Aug 25, 2008

Citations

No. C056513 (Cal. Ct. App. Aug. 25, 2008)