Jerry C. Robinson, Plaintiff/Respondent, v. Director of Revenue, State of Missouri, Defendant/Appellant.
Decision date: UnknownED78527
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Opinion
This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Eastern District Case Style: Jerry C. Robinson, Plaintiff/Respondent, v. Director of Revenue, State of Missouri, Defendant/Appellant. Case Number: ED78527 Handdown Date: 06/19/2001 Appeal From: Circuit Court of Ralls County, Hon. Glenn Norton Counsel for Appellant: James A. Chenault, III Counsel for Respondent: C. E. "Sketch" Rendlen, III Opinion Summary: The Director of Revenue appeals the trial court's judgment approving driver Jerry Robinson's application for hardship driving privileges. DISMISSED. Northern Division holds: This appeal is moot in light of the Missouri Supreme Court's recent decision in prohibition that the trial court exceeded its jurisdiction in ordering the Director to restore Robinson's driving privileges, which is the subject of this appeal. State ex rel. Director of Revenue v. The Honorable David Mobley, 2001 WL 641982, *3 (Mo. June 12, 2001) (No. SC83068) (time for filing motion for rehearing has not expired). Citation: Opinion Author: Mary K. Hoff, Chief Judge Opinion Vote: DISMISSED. Rhodes Russell and Teitelman, JJ., concur. Opinion: The Director of Revenue (Director) appeals the trial court's judgment approving Jerry Robinson's application for hardship driving privileges. The judgment appealed in this case was also the subject of a successful prohibition proceeding pursued by
Director in the Missouri Supreme Court. In its decision making the writ of prohibition permanent, the Missouri Supreme Court found in relevant part: Robinson is barred from driving privileges pursuant to sections 302.060(9) and 302.309.3(6)(b) [RSMo. Supp. 1999]. The circuit court has no discretion in this matter. V. The circuit court acted in excess of its jurisdiction when it ordered the Director to restore Robinson's driving privileges. State ex rel. Director of Revenue v. The Honorable David Mobley,(FN1) 2001 WL 641982, *3 (Mo. June 12, 2001) (No. SC83068) (time for filing motion for rehearing has not expired). This appeal is dismissed as moot due to the Missouri Supreme Court's conclusion the trial court exceeded its jurisdiction in ordering the Director to restore Robinson's driving privileges, which ruling is the subject of this appeal. Footnotes: FN1. The Missouri Supreme Court substituted the present associate circuit judge, the Honorable David Mobley, as the party in interest in lieu of the Honorable Glenn Norton, who is no longer on the Associate Circuit Court of Ralls County. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.
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