Emmett L. Bussell, Respondent, v. Director of Revenue, State of Missouri, Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: Emmett L. Bussell, Respondent, v. Director of Revenue, State of Missouri, Appellant. Case Number: 53704 Handdown Date: 11/04/1997 Appeal From: Circuit Court of Jackson County, Hon. William W. Ely Counsel for Appellant: Charles L. Gooch Counsel for Respondent: Gabriel A. Domjan Opinion Summary: The Director of Revenue appeals the judgment of the trial court setting aside the revocation of Emmett L. Bussell's driving privileges. REVERSED AND REMANDED. Because the trial court did not make a record of Bussell's hearing, the record presented is inadequate for review. The cause, therefore, must be reversed and remanded for a trial de novo of which a record shall be made. Citation: Opinion Author: James M. Smart, Jr., Judge Opinion Vote: REVERSED AND REMANDED. Ulrich, C.J., P.J., and Ellis, J., concur. Opinion: Appellant, the Director of Revenue ("Director"), appeals the judgment of the trial court setting aside the revocation of driving privileges of the respondent, Emmett L. Bussell. We reverse and remand due to the lack of a record. On August 7, 1996, Bussell was sent a notice informing him that his privilege to drive a motor vehicle in Missouri was being revoked for ten years, pursuant to section 302.060(9), RSMo 1994, on the basis that he had been convicted more than twice of an offense relating to driving while intoxicated. Bussell filed a petition in circuit court for review. The

Director filed an answer along with certified records from her department. The trial court ordered that the matter be heard on October 24, 1996. Apparently a hearing was held on the matter, because the trial court issued an order, dated October 30, 1996, in which it reinstated Bussell's driving privilege. The order makes reference to "a hearing of review on the 24th day of October, 1996." Unfortunately, this is the only reference to a hearing because no record of the proceedings was made. In preparing for this appeal, the Director attempted to order a copy of the record. The court reporter wrote the Director, "I have checked the records and find that there was no record made of the proceedings." The Director asks us to reverse the judgment and remand the cause to the trial court as a result of the trial court's failure to preserve a record of the proceedings pursuant to section 512.180.2. The Director also claims that the trial court erred in reinstating Bussell's license because the available record reflects that Bussell had been convicted more than twice of violating a state law or municipal ordinance relating to driving while intoxicated. We do not reach the merits of this appeal. The record presented is not adequate for review. Without an adequate record, it is impossible for this court to review the alleged error of the trial court. Accordingly, we reverse the judgment of the trial court and remand for trial de novo of which a record shall be made. See Sellenriek v. Director of Revenue, 826 S.W.2d 338, 342 (Mo. banc 1992); Zwyers v. Director of Revenue, 948 S.W.2d 473, 474 (Mo. App. 1997). The judgment is reversed and remanded. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.