Jeffrey S. McGill, Respondent, v. Director of Revenue, 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: Jeffrey S. McGill, Respondent, v. Director of Revenue, Appellant. Case Number: WD56753 Handdown Date: 05/23/2000 Appeal From: Circuit Court of Jackson County, Hon. Robert L. Trout Counsel for Appellant: Evan J. Buchheim Counsel for Respondent: Garry Lee Helm Opinion Summary: The Director of Revenue appeals the trial court's setting aside the revocation of Jeffrey McGill's driving privilege after a trial de novo. DISMISSED. Court holds: McGill requested dismissal for mootness because the Director acquiesced in the judgment, citing Lacy v. Director of Revenue, 9 S.W.3d 1 (Mo. App. 1999). The Director provides no analysis or criticism of Lacy and elects not to contest the motion to dismiss. Citation: Opinion Author: Per Curiam Opinion Vote: Dismissed. Smart, P.J., Ellis and Smith, JJ., concur. Opinion: The Director of Revenue appeals the trial court's ruling setting aside the revocation of Jeffrey McGill's driving privilege after a trial de novo. The court found that the Director did not establish a prima facie case for revocation under section 302.505, RSMo Supp. 1997. The court concluded that the Director had failed to prove that McGill had been driving within the meaning of the statute.

The motion to dismiss the appeal filed by the Respondent on the ground that the appeal is moot because the appellant has acquiesced in the judgment is dispositive. Respondent cites as authority Lacy v. Director of Revenue, 9 S.W.3d 1 (Mo. App. 1999). The Director provides no analysis or criticism of Lacy, and elects not to contest the motion to dismiss. Accordingly, the appeal of the Director of Revenue is hereby ordered dismissed. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.