Palatsky v. Director of Revenue

Missouri Court of Appeals

Palatsky v. Director of Revenue

896 S.W.2d 721, 1995 Mo. App. LEXIS 717, 1995 WL 170704

CourtMissouri Court of Appeals

DecidedApril 11, 1995

DocketNo. 65860

StatusPublished

Cited by1 cases

This text of 896 S.W.2d 721 (Palatsky 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

Palatsky v. Director of Revenue, 896 S.W.2d 721, 1995 Mo. App. LEXIS 717, 1995 WL 170704 (Mo. Ct. App. 1995).

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Opinion

PER CURIAM

Driver appeals the judgment of the trial court upholding the Director of Revenue’s action notifying driver that his license would be suspended for 10 years pursuant to § 302.060(9) RSMo 1994. In his supplemental brief, Driver asserts that his petition for review was premature for the reasons set forth in Adkisson v. Director of Revenue, 891 S.W.2d 131 (Mo. banc 1995). We agree. The Director has no authority to suspend driving privileges pursuant to § 302.060(9) until Driver files an application for a new license. Id. at 133. Premature notice of an intent to suspend issued prior to any application for a new license is a nullity and does not give rise to any right of appeal. Id. Accordingly, we reverse the judgment of the trial court and remand with directions to dismiss Driver’s petition for review.

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PER CURIAM

Driver appeals the judgment of the trial court upholding the Director of Revenue’s action notifying driver that his license would be suspended for 10 years pursuant to § 302.060(9) RSMo 1994. In his supplemental brief, Driver asserts that his petition for review was premature for the reasons set forth in Adkisson v. Director of Revenue, 891 S.W.2d 131 (Mo. banc 1995). We agree. The Director has no authority to suspend driving privileges pursuant to § 302.060(9) until Driver files an application for a new license. Id. at 133. Premature notice of an intent to suspend issued prior to any application for a new license is a nullity and does not give rise to any right of appeal. Id. Accordingly, we reverse the judgment of the trial court and remand with directions to dismiss Driver’s petition for review.

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Bluebook (online)

896 S.W.2d 721, 1995 Mo. App. LEXIS 717, 1995 WL 170704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/palatsky-v-director-of-revenue-moctapp-1995.

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