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: Robert Boulware, Respondent, v. Director of Revenue, Appellant Case Number: ED81576 Handdown Date: 05/13/2003 Appeal From: Circuit Court of St. Louis City, Judge Edward Sweeney Counsel for Appellant: Loretta Schouten Counsel for Respondent: Timothy Maxwell Opinion Summary:
The director of revenue appeals from a judgment reinstating the driving privileges of Robert Boulware and assessing costs against the director. AFFIRMED AS MODIFIED. Division Two holds: The court lacked the requisite statutory authority to assess costs against the director. Citation: Opinion Author: Gary M. Gaertner, Sr., Judge Opinion Vote: AFFIRMED AS MODIFIED. Simon, P.J. and Crane, J. concur. Opinion: Appellant, Director of Revenue ("Director"), appeals from a judgment assessing costs against it. We affirm as modified. After Director revoked his driver's license, Robert Boulware ("driver") filed a petition for de novo review with the Circuit Court of the City of St. Louis. Initially, the trial court entered a judgment denying the petition. Four days later, pursuant to Rule 75.01, the trial court vacated its initial judgment and entered a new judgment reinstating driver's driving privileges. The trial court also assessed costs against the Director. The Director appeals, contesting the assessment of
costs. "Absent a statute to the contrary, costs are not recoverable from the state in its own courts." Reed v. Director of Revenue , 834 S.W.2d 834, 837 (Mo.App.E.D. 1992). Section 536.087.1, RSMo 2000 permits a prevailing party in a civil action arising from an agency proceeding to recover "reasonable fees and expenses" incurred. However, " drivers license proceedings" are expressly excluded from the provisions of section 536.087. Section 536.085(1). Thus, the trial court erred in taxing costs against the state. Atkins v. Director of Revenue , 6 S.W.3d 428 (Mo.App.E.D. 1999). Pursuant to Rule 84.14, we modify the judgment to delete the costs assessed against the Director and affirm the judgment as modified. Footnotes: FN1. All statutory references are to RSMo 2000. Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.