Gothard v. Spradling

561 S.W.2d 448, 1978 Mo. App. LEXIS 1960

• Court: Missouri Court of Appeals
• Decided: January 20, 1978
• Docket: 10762
• Status: Published

Opinions

TITUS, Judge.

Appellant’s Missouri motor vehicle operator’s license was ordered revoked for a period of one year from April 4, 1976. The revocation order emanated from appellant’s alleged refusal to submit to a chemical test of sobriety within the City of Stockton, Missouri, on February 28, 1976. Thereafter, on March 24, 1976, a restraining order was issued by the regular judge of the court staying the enforcement of the revocation order. Subsequently a special judge was assigned to hear the matter.

Evidence was heard in the cause and the following entry was made on July 22, 1977:

“All parties appear and announce ready to proceed. Plaintiff’s [sic] oral Motion to Dismiss heard and overruled. Defendant’s [sic] Motion for Order Declaring Director of Missouri Department of Revenue in Default overruled.

“Evidence adduced. The Court orders that the temporary restraining order shall be continued until that Motion for New Trial is ruled upon.

“In the event a Notice of Appeal is filed the Appeal Bond shall be in the amount of $150.00.”

Proceedings of this suit are civil in nature and are governed by rules pertaining to appeals of civil proceedings. In re Spencer, 439 S.W.2d 8, 9 (Mo.App.1969). The instant transcript contains nothing more than a minute or docket entry which does not constitute a final judgment from which an appeal may be taken. Williams v. Williams, 480 S.W.2d 525, 527[3] (Mo.App.1972).

The appeal must be, and hereby is, dismissed.

STONE and HOGAN, JJ., concur. BILLINGS, C. J., concurs in separate opinion. FLANIGAN, J., dissents in separate opinion.