Letterman v. Director of Revenue

412 S.W.3d 459, 2013 WL 5786842, 2013 Mo. App. LEXIS 1261
CourtMissouri Court of Appeals
DecidedOctober 28, 2013
DocketNo. SD 82419
StatusPublished
Cited by4 cases

This text of 412 S.W.3d 459 (Letterman v. Director of Revenue) 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
Letterman v. Director of Revenue, 412 S.W.3d 459, 2013 WL 5786842, 2013 Mo. App. LEXIS 1261 (Mo. Ct. App. 2013).

Opinion

JEFFREY W. BATES, P.J.

The Director of Revenue (Director) appeals from a judgment reinstating the driving privileges of Adam Letterman (Letterman). Director presents two points for decision. In Point I, Director contends the trial court erred by failing to make requested findings of fact. In Point II, Director contends the trial court erred by concluding that the trooper lacked probable cause to arrest Letterman for driving while intoxicated. Finding no merit in either contention, we affirm.

Following Letterman’s arrest, Director suspended Letterman’s driving privileges. Letterman requested an administrative hearing, and Director prevailed. Letterman then filed a petition for a trial de novo in the circuit court pursuant to § 302.535.1 [462]*462The trial court found in Lettermaris favor and ordered Director to reinstate Letterman’s driving privileges. This appeal followed. Additional facts necessary to the disposition of the case are included below as we address Director’s two points of error.

Point I

Director’s first point contends the trial court erred by failing to issue findings of fact, which were properly requested by Director. The following facts are relevant to this point.

Prior to the introduction of evidence at the trial de novo, the following colloquy occurred between Director’s counsel and the trial court:

[DIRECTOR’S COUNSEL]: I would like to request findings of facts and conclusions of law on the disputed issues in this matter.
THE COURT: Okay. Have you got a written request?
[DIRECTOR’S COUNSEL]: No. Normally I just — I mean, does there need to be one? Is that a local rule?
THE COURT: I think by statute. I don’t think I’m required to consider the darn thing unless they are submitted in writing, so—
[DIRECTOR’S COUNSEL]: Okay. Okay. Well, then that’s fine. I’ll just— Yeah. Okay. I don’t have anything in writing, so I’ll note that for the next time.

The case was tried and taken under advisement. The trial court issued a judgment in Lettermaris favor. In relevant part, the judgment stated that “[Director] failed to establish that [Letterman] was arrested upon probable cause to believe that such person was operating a motor vehicle while the alcohol concentration in the driver was .08% or more by weight.”

Director filed a timely post-trial motion to amend the judgment. The Director asked the court “to issue the findings of fact and conclusions of law requested by the Director’s counsel.” The motion, however, did not specify the controverted fact issues on which Director wanted the trial court to make findings. Director’s motion was overruled by operation of law after 90 days pursuant to Rule 78.06.

In Point I, Director contends the trial court erred by denying the request for findings of fact “on the disputed issues in this matter” because counsel did not submit the request in writing. Director argues that: (1) the request is not required to be in writing; and (2) counsel properly made the request on the record before the introduction of evidence at trial. We find no merit in this argument.

With respect to the first prong of the argument, we agree that “Rule 73.01 does not require that a party’s request for findings of fact and the legal grounds for the court’s decision be in writing.” Dorman v. Dorman, 91 S.W.3d 167, 169-70 (Mo.App.2002). That being said, Director still is not entitled to relief because counsel’s oral request was not sufficiently specific to trigger the trial court’s obligation to make factual findings. In a court-tried case, Rule 73.01(c) states in relevant part:

The court may, or if requested by a party shall, include in the opinion findings on the controverted fact issues specified by the party. Any request for an opinion or findings of fact shall be made on the record before the introduction of evidence at trial or at such later time as the court may allow.

Id. (emphasis added). “[E]ven if a request for findings of fact under Rule 73.01 is made, a trial court need not make findings of fact unless the movant clearly and unequivocally specifies the controverted fact [463]*463issues.” Berlin v. Pickett, 100 S.W.3d 163, 167 (Mo.App.2003); Hammons v. Ehney, 924 S.W.2d 843, 849-50 (Mo. banc 1996) (parties’ request for findings of fact on issues they wish the court to decide “must be clear and unequivocal”); see, e.g., Orton v. Director of Revenue, 131 S.W.3d 827, 828 (Mo.App.2004). “Where a party fails to specify the issues upon which findings are sought, the request for findings of fact is inadequate and the court’s failure to issue findings of fact is not erroneous.” Dorman, 91 S.W.3d at 170; see Dardick v. Dardick, 670 S.W.2d 865, 867 (Mo. banc 1984).

Director’s counsel did not specify any controverted fact issues on which he was seeking findings. Counsel’s general request for findings of fact “on disputed issues” was insufficient to trigger the court’s obligation to make findings pursuant to Rule 73.01(c). See Dorman, 91 S.W.3d at 170; see also Hammons, 924 S.W.2d at 849-50; Berlin, 100 S.W.3d at 167.2 Because Director’s request was inadequate, the court’s failure to issue findings of fact was not erroneous. Dorman, 91 S.W.3d at 170; see Dardick, 670 S.W.2d at 867.3 Point I is denied.

Point II

Director’s second point contends the trial court erred in reinstating Letterman’s driving privileges because there was ■probable cause to arrest Letterman for driving while intoxicated (DWI). “[W]hen there are no written findings, the evidence ‘shall be considered as having been found in accordance with the result reached;’ in other words, in the light most favorable to the judgment.” White v. Director of Revenue, 321 S.W.3d 298, 305 (Mo. banc 2010); see also Harvey v. Director of Revenue, 371 S.W.3d 824, 828 (Mo.App.2012); Rule 73.01(c). Viewed from that perspective, the following evidence relevant to the probable cause issue was presented at trial.

On September 10, 2011, Trooper Trenton Badgett of the Missouri State Highway Patrol was dispatched to investigate an injury accident involving a four-wheeler ATV on Roanoke Lane in Marshfield, Missouri. When Trooper Badgett arrived at the scene, he saw a four-wheeler that had crashed and was lying on its side. The ATV driver, Letterman, was being given medical attention by emergency personnel. Letterman, who was not wearing a helmet, was lying partly on the road and partly in the ditch. He had a large gash on one of his arms around the elbow. The wound was “bleeding quite a bit[,]” and Letterman was in severe pain.

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412 S.W.3d 459, 2013 WL 5786842, 2013 Mo. App. LEXIS 1261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/letterman-v-director-of-revenue-moctapp-2013.