Slaughter v. Director of Revenue

Rocky Dixon SLAUGHTER, Plaintiff-Respondent v. DIRECTOR OF REVENUE

Slaughter v. Dir. of Revenue, 997 S.W.2d 132 (Mo. Ct. App. 1999)

Court: Missouri Court of Appeals · State Appellate Courts
Decided: August 17, 1999
Docket: No. 22685
Judges: Garrison, Montgomery, Prewitt
Citations: 997 S.W.2d 1321999 Mo. App. LEXIS 13171999 WL 619010

Cited by 4

Opinion of the Court — Prewitt

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JAMES K. PREWITT, Judge.

Following Plaintiffs arrest for driving while intoxicated, his driver’s license was revoked for refusing to take a breath test. Thereafter he sought judicial review under Section 577.041, RSMo Supp.1997. When Defendant did not file an answer within the time ordinarily allowed, a default judgment was entered requiring that Defendant reinstate Plaintiffs driver’s license. Defendant appeals. 1

Judicial review under Section 577.041 does not require the Director of *133 Revenue to file an answer or other responsive pleadings. Nguyen v. Director of Revenue, 900 S.W.2d 238, 239 (Mo.App. 1995); Gothard v. Spradling, 586 S.W.2d 443, 446 (Mo.App.1979). See also Dudley v. Director of Revenue, 926 S.W.2d 943, 944 (Mo.App.1996); Daus v. Director of Revenue, 840 S.W.2d 892, 893 (Mo.App. 1992).

The judgment is reversed and the cause remanded for further proceedings consistent with this opinion.

GARRISON, C.J., and MONTGOMERY, P.J., concur.

. Respondent has not filed a brief. "While there is no penalty prescribed for the failure to file a brief, we are required to decide the case without the benefit of that party’s authorities and points of view.” Fitzgerald v. Director of Revenue, 922 S.W.2d 478 , 479 n. 3 (Mo.App.1996).

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Cited by 4 cases

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State Appellate Courts4

Relies on it most ⓘ

State ex rel. Director of Revenue v. Carter386 S.W.3d 781 (Mo. Ct. App. 2012)
Declue v. Director of Revenue361 S.W.3d 465 (Mo. Ct. App. 2012)
Taylor L. Shomaker v. Director of Revenue504 S.W.3d 84 (Mo. Ct. App. 2016)
Satterlee v. County of Douglas354 S.W.3d 658 (Mo. Ct. App. 2011)

Most recent

Taylor L. Shomaker v. Director of Revenue504 S.W.3d 84 (Mo. Ct. App. 2016)
State ex rel. Director of Revenue v. Carter386 S.W.3d 781 (Mo. Ct. App. 2012)
Declue v. Director of Revenue361 S.W.3d 465 (Mo. Ct. App. 2012)
Satterlee v. County of Douglas354 S.W.3d 658 (Mo. Ct. App. 2011)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

Depth	Case	Cited by
	Fitzgerald v. Dir. of Revenue, 922 S.W.2d 478 (Mo. Ct. App. 1996)	22
	Gothard v. Spradling, 586 S.W.2d 443 (Mo. Ct. App. 1979)	14
	Minh Nguyen v. Dir. of Revenue, 900 S.W.2d 238 (Mo. Ct. App. 1995)	10
	Daus v. Dir. of Revenue, 840 S.W.2d 892 (Mo. Ct. App. 1992)	9
	Dudley v. Dir. of Revenue, 926 S.W.2d 943 (Mo. Ct. App. 1996)	3

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