Director of Revenue v. Thompson

Missouri Court of Appeals

Director of Revenue v. Thompson

959 S.W.2d 499, 1998 Mo. App. LEXIS 211, 1998 WL 49352

CourtMissouri Court of Appeals

DecidedFebruary 10, 1998

DocketNo. WD 54322

StatusPublished

This text of 959 S.W.2d 499 (Director of Revenue v. Thompson) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Director of Revenue v. Thompson, 959 S.W.2d 499, 1998 Mo. App. LEXIS 211, 1998 WL 49352 (Mo. Ct. App. 1998).

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Opinion

RIEDERER, Judge.

Respondent Patricia Thompson, while driving her own car, was involved in an automobile accident on April 20, 1994, and the accident was later reported to Appellant by a third party. Appellant sent Respondent a Notice of Suspension on June 22, 1995, for failure to maintain financial responsibility as required by Section 303.025 RSMo, and Respondent requested an administrative hearing to contest the suspension. The hearing was held September 7, 1995, and Appellant entered a decision October 12, 1995, upholding the suspension.

Respondent filed a Petition for Trial De Novo in the Circuit Court of Miller County. The trial court held a hearing March 27, 1997, and sustained the Respondent’s petition, setting aside the suspension because the State failed to meet its burden of proof. This appeal followed. However, the trial court did not record the proceedings, and no transcript of the trial is available for this appeal-

Appellant argues that the case should be reversed, because Respondent is “strictly lia-, ble” under Section 303.025. In the alternative, Appellant argues that the case should be remanded because of a failure to preserve a record of the proceeding as required by Section 512.180.

It is not clear from the record if during thé circuit court proceeding either party presented evidence in addition to the administrative record. Furthermore, it is not clear from the record if the administrative record constituted the sole basis for the circuit court’s judgement. Therefore, we are unable to decide this appeal. The case is remanded for a new trial so an adequate record may be produced. Kellison v. Director of Revenue, 908 S.W.2d 192 (Mo.App.1995).

All concur.

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RIEDERER, Judge.

Respondent Patricia Thompson, while driving her own car, was involved in an automobile accident on April 20, 1994, and the accident was later reported to Appellant by a third party. Appellant sent Respondent a Notice of Suspension on June 22, 1995, for failure to maintain financial responsibility as required by Section 303.025 RSMo, and Respondent requested an administrative hearing to contest the suspension. The hearing was held September 7, 1995, and Appellant entered a decision October 12, 1995, upholding the suspension.

Respondent filed a Petition for Trial De Novo in the Circuit Court of Miller County. The trial court held a hearing March 27, 1997, and sustained the Respondent’s petition, setting aside the suspension because the State failed to meet its burden of proof. This appeal followed. However, the trial court did not record the proceedings, and no transcript of the trial is available for this appeal-

Appellant argues that the case should be reversed, because Respondent is “strictly lia-, ble” under Section 303.025. In the alternative, Appellant argues that the case should be remanded because of a failure to preserve a record of the proceeding as required by Section 512.180.

It is not clear from the record if during thé circuit court proceeding either party presented evidence in addition to the administrative record. Furthermore, it is not clear from the record if the administrative record constituted the sole basis for the circuit court’s judgement. Therefore, we are unable to decide this appeal. The case is remanded for a new trial so an adequate record may be produced. Kellison v. Director of Revenue, 908 S.W.2d 192 (Mo.App.1995).

All concur.

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959 S.W.2d 499, 1998 Mo. App. LEXIS 211, 1998 WL 49352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/director-of-revenue-v-thompson-moctapp-1998.

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