Calvin Allen, Petitioner-Appellant, v. Director of Revenue, State of Missouri, Respondent-Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Southern District Case Style: Calvin Allen, Petitioner-Appellant, v. Director of Revenue, State of Missouri, Respondent- Respondent. Case Number: 27668 Handdown Date: 01/22/2007 Appeal From: Circuit Court of Greene County, Hon. Jason R. Brown, Associate Circuit Judge Counsel for Appellant: Calvin Allen, pro se Counsel for Respondent: Cheryl Caponegro Nield Opinion Summary: None Citation: Opinion Author: Nancy Steffen Rahmeyer, Presiding Judge Opinion Vote: REVERSED AND REMANDED. Parrish and Scott, JJ., concur. Opinion: Calvin Allen ("Appellant") was involved in a car accident in Springfield on September 30, 2003. Appellant was cited for not carrying liability insurance. On December 17, 2003, the Circuit Court of Greene County issued a summons in a criminal case (number 303CM12379), which charged Appellant with driving while his license was revoked for nonpayment of child support (section 302.321), operating a motor vehicle without financial responsibility (section 303.025), and following too closely (section 304.017).

(FN1) Prior to the resolution of the criminal charges, but apparently in response to them, the Director ("Respondent"), after an administrative hearing pursuant to section 303.290.1, subsequently, on July 23, 2004, suspended Appellant's driving privilege and vehicle registration 166-BGG on the basis that he operated a vehicle without financial responsibility, in violation of section 303.025. Additionally, the Director stated: [Appellant was] an uninsured motor vehicle operator/owner and there is a reasonable likelihood of a judgment against [him]. Accordingly, [Appellant] must post $7,463.00 bond or pursue other remedies . . . no later than

August 25, 2004 or [his] driving privilege and vehicle registration 166-BGG will be suspended. On August 19, 2004, Appellant did not post the bond but filed pro se a "Notice of Appeal" and a "Motion for Consolidation of Civil Actions and Claims" in the criminal case (number 303CM12379) purporting to challenge Respondent's decision of July 23, 2004, even though a suit challenging the administrative hearing is a civil suit. The trial court never ruled on Appellant's motion but, after a confusing array of procedural motions in the civil and criminal cases, the trial court granted a motion to dismiss filed by Respondent. The motion to dismiss claimed that Appellant's motion in the civil case was not timely. On appeal, Respondent candidly admits: [T]he court below has never ruled upon Appellant's initial petition. This situation seems to be attributable to Appellant's unique method of attempting to proceed in this matter by filing pleadings seeking review of Respondent's administrative action in a pending criminal proceeding. Further confusion appears to be attributable to Appellant seeking to consolidate the separate criminal proceeding with the civil proceeding under Rule 66.01, although said rule only allows the consolidation of civil cases. . . . . As such, this matter is not ripe for adjudication on appeal, since the original petition was never heard or ruled upon. Therefore, this matter should be remanded for a hearing on the merits. Respondent admits that Appellant's pleadings were sufficient to invoke his right to judicial review of the administrative hearing and the case should be remanded to the trial court for a hearing on the merits of Appellant's appeal of the suspension of his driving privilege and vehicle registration. We agree, reverse and remand the matter for a hearing on its merits. FN1.All references to statutes are to RSMo 2000, unless otherwise specified. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.