Szabo
Szabo v. Board of Osteopathic Examiners
Opinion
Lead Opinion
Files, J.
This is an action for a declaration of rights with respect to the application of a regulation of the Board of Osteopathic Examiners providing that all applicants for licenses must have graduated from a school approved by the board. Both the plaintiff and the defendant board moved for a summary judgment. The trial court granted the board’s motion, denied the plaintiff’s motion and entered a judgment declaring that the defendant board was “entitled to judgment as a matter of law.” Plaintiff has appealed from that judgment.
*962 Since the record on appeal is a potpourri of procedural oddities, we begin with a listing of events.
On February 19, 1976, plaintiff filed his unverified “amended complaint for declaratory relief.” The record does not contain any other pleading on behalf of plaintiff in this action.
On or about March 3, 1978, the defendant board filed a general denial to the complaint and added seven “affirmative defenses.”
On October 29, 1979, plaintiff filed a motion for summary judgment. The motion was accompanied by a declaration of plaintiff stating his professional qualifications as follows: “At all times relevant herein I was approved and authorized by the…