Manning v. Kentucky Board of Dentistry

DUNN, Judge:

This appeal is from a summary judgment permanently enjoining the appellants, d/b/a Dan’s Dental Lab, from operating a dental laboratory in violation of K.R.S. 313.-020 or otherwise in violation of K.R.S. Chapter 313 and dismissing their counterclaim for declaratory judgment and for damages. The trial judge in entering the judgment did so by treating the appellants’ motion to dismiss all claims by the plaintiff, appellee, as one for summary judgment, and by considering all of the pleadings, affidavits and stipulations of record.

The basic question on appeal is whether or not the…