Dentist Dr. Donald Simmons has taken out a restraining order against his colleague, Dr. Clark Godwin.

Dr. Simmons' lawyer, Mr. Philip Perinchief, said his client was forced to take the action yesterday after Dr. Godwin broke into Dr. Simmons' offices on 23 King Street for a second time this week.

Dr. Godwin had shared Dr. Simmons' offices and equipment for the past seven years, paying him monthly rents of $500, $800, then $1,000 over that period.

But on September 28, Dr. Simmons -- through Mr. Perinchief -- sent Dr. Godwin a notice to quit the property by the end of last month.

The notice stated that Dr. Simmons wished to upgrade his practice and therefore could no longer accommodate Dr. Godwin.

But Dr. Godwin -- who asked to stay until another office which he expected to be ready in 18 months was completed -- claimed that he had a verbal 10-year agreement with Dr. Simmons.

And he said he suspected that Dr. Simmons' actions were related to his (Dr.

Godwin's) July conviction for intending to defraud Somers Isle Insurance of $3,175.

Dr. Godwin, who is appealing the conviction, has argued that he had "cross charged'' four patients to prevent them from having to pay for a procedure that is not covered by their insurance.

And he stressed that he would continue to serve his patients from the King Street offices.

Dr. Godwin broke into the offices last Saturday because he said a patient required emergency treatment.

And Mr. Perinchief said Dr. Godwin broke into the property again on Tuesday night.

"Dr. Simmons had had someone fix the pane of glass which Dr. Godwin broke last Saturday,'' he said. "Dr. Godwin went back around there on Tuesday evening and broke the glass again.'' Therefore, Mr. Perinchief said: "We have obtained an order that Dr. Godwin be restrained from entering upon the premises of Dr. Donald Simmons forthwith.

"And that Dr. Godwin be restrained from using the dental facilities and equipment being the property of Dr. Simmons forthwith.'' Mr. Perinchief said the order will remain in effect until November 21 when the matter was scheduled to be heard in court.

This, he explained, would give Dr. Godwin the opportunity to present his case and Dr. Simmons the chance to proceed on other issues, such as the validity of the alleged 10-year verbal agreement between the two dentists.

Mr. Perinchief said Dr. Simmons felt compelled to take the matter to court because his patients, "who have been very supportive of him'', were being affected by the contention and Dr. Simmons wanted to bring the matter to an end.

Mr. Perinchief stressed that if Dr. Godwin breached the order and returned to the premises before November 21, he would be arrested for contempt of court.

Dr. Godwin, earlier told The Royal Gazette , he had secured the services of lawyer Mrs. Lois Browne Evans MP and all inquiries should be directed to her.

But when contacted yesterday Mrs. Browne Evans said she had not yet spoken to Dr. Godwin for the day and therefore could not comment about the matter.