Opinion
No. 205.
May 22, 1961.
Suit to enjoin defendant chiropractor from practicing medicine without first obtaining a certificate to do so. From a judgment for the board in the Thirtieth Judicial District Court, Parish of Vernon, W.W. Thompson, J., the defendant appealed. The Court of Appeal, Per Curiam, held that where injunction against chiropractors from practicing medicine without first obtaining a certificate was based on evidence taken as to conduct prior thereto justifying injunctive relief, a remand because of appellate delay pursuant to the request of the defendant therefor would not be justified.
Affirmed.
See also La. App. 108 So.2d 826.
Jack L. Simms, Leesville, for defendant-appellant.
Wood Jackson, by W.R. Jackson, Jr., Leesville, Ellis, Lancaster King, by Robert E. LeCorgne, Jr., New Orleans, for plaintiff-appellee.
EN BANC.
All of the issues raised by this appellant are discussed and resolved in Louisiana State Board of Medical Examiners v. Arton, La. App., 130 So.2d 666. In addition, however, able counsel for appellant suggests in his interesting brief that the harsh injunctive remedy ordered herein should not be affirmed based upon evidence taken several years ago. However, the injunction was based upon the evidence taken as to conduct prior thereto justifying injunctive relief, and no authority is cited justifying a remand because of appellate delay pursuant to the request of the appellant therefor. See also: Louisiana State Board of Medical Examiners v. Stephenson, La. App. 1 Cir., 93 So.2d 330. For the reasons more fully set forth in the cited decisions, the trial court judgment is therefore affirmed at the cost of the defendant-appellant.
Affirmed.