Harvey v. Wittenberg, 80-774
Decision Date | 17 June 1980 |
Docket Number | No. 80-774,80-774 |
Citation | 384 So.2d 940 |
Parties | Jack HARVEY and Enrique Monroy, Appellants, v. Nancy Kelley WITTENBERG, Secretary of the Florida Department of Professional Regulation, Appellee. |
Court | Florida District Court of Appeals |
Sams, Gerstein & Ward and Richard S. Rachlin, Miami, for appellants.
Deborah J. Miller, Tallahassee, for appellee.
Before BARKDULL, HENDRY and SCHWARTZ, JJ.
Defendants in the trial court seek review of a temporary injunction issued after notice and the taking of testimony, following a complaint by the appellee (Wittenberg, as Secretary of the Department of Professional Regulation) that the appellants were engaged in the unlawful practice of dentistry. The only point urged on appeal is that it was necessary for the appellee to establish irreparable harm.
We affirm. The appellee is charged with the responsibility of enforcing Chapter 466, Florida Statutes (1979). Irreparable harm to members of the public (that which cannot be compensated adequately in money damages 1) is presumed in this case. This is so because the expressed purpose of Chapter 466, the Dentistry Practice Act, is to protect the public health, safety and welfare, and because the Legislature has specifically empowered the appellee to seek an injunction against one who violates the provision of this chapter. In this connection, see: Times Publishing Company v. Williams, 222 So.2d 470 (Fla. 2d DCA 1969), wherein the Second District Court of Appeal held that the element of irreparable harm was provided by the Legislature when it authorized the remedy of injunction to prevent the violation of a statute designed to protect the public interest. In said opinion, the following is found:
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