Oral arg. – MSSC – 1/28/201

At 1:30 p.m. on Monday, January 28, 2019, the MSSC with hear the case of Elijah Arrington, III, v. the Mississippi State Board of Dental Examiners.

Arrington had a dental practice at the corner of Northside and North State in Jackson (“Fondren Dental”). The Mississippi State Board of Dental Examiners received some 29 complaints regarding Arrington’s practice and after a hearing on 5 of those found that Arrington was guilty of unprofessional conduct including  fraud. The Board revoked his license.   Arrington appealed to the Chancery Court pursuant to MCA Sect. 73-9-65 but his appeal was dismissed because although Arrington was personally served with the revocation notice on July 24, 2017, he did not file a notice of appeal until August 24, 2017 – 31 days later (the statute requires the appeal be taken within 30 days).  When he did not perfect the appeal by either 1) filing a bond with two sureties  approved by the president of the Board or depositing or 2) depositing $100.00 with the clerk of the chancery court, the Board moved to dismiss the appeal. Arrington then filed a bond on September 1, 2017.  The Chancery Court granted the Board’s  motion to dismiss. Arrington appealed arguing  that Sect. 73-9-65 does not require that the appeal be perfected within 30 days.

Arrington’s brief

MSBDE’s brief

Arrington’s reply brief

Watch the argument here

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