Robert D. Bush, 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 Eastern District Case Style: Robert D. Bush, Respondent v. Director of Revenue, State of Missouri, Appellant. Case Number: ED83532 Handdown Date: 07/27/2004 Appeal From: Circuit Court of Cape Girardeau, Hon. Gary A. Kamp Counsel for Appellant: Charles S. Birmingham Counsel for Respondent: Michael H. Maguire Opinion Summary: The Missouri director of revenue appeals the judgment granting Robert Dale Bush's petition for limited driving privileges. Bush filed a motion to dismiss this appeal as moot. We grant Bush's motion to dismiss. DISMISSED. Southern Division holds: Bush's full driving privileges were restored prior to the appeal. The issue, therefore, is moot. Citation: Opinion Author: Lawrence G. Crahan, Judge Opinion Vote: DISMISSED. Sullivan, C.J., and Ahrens, J., Concur. Opinion: Missouri Director of Revenue appeals the judgment granting Robert Dale Bush's ("Movant") petition for limited driving privileges. Movant filed a motion to dismiss this appeal as moot. We grant Movant's motion to dismiss. Movant was convicted of driving while intoxicated in violation of section 577.010 RSMo. (FN1) His driving privileges

were revoked pursuant to section 577.505. He petitioned for and was granted limited driving privileges for the period of August 14, 2003 through February 10, 2004. Director filed simultaneous appeals on this case and that of another driver (FN2) to resolve an issue with the interpretation of section 302.309.3(5)(d). Movant filed a Motion to Dismiss this appeal on the ground that his full driving privileges were restored February 10, 2004, making the issue of the appeal moot. Any opinion on a hypothetical is advisory and we are barred from issuing advisory opinions. Block v. Gallagher, 71 S.W.3d 682, 685 (Mo.App. 2002). Although Director invites us to examine the statutory issue presented as an issue of public interest and importance, we decline to do so for the reasons stated in Smith v. Director of Revenue, ED 83533 (Mo. App. E.D. July 13, 2004). Driver's motion to dismiss is hereby granted.

Footnotes: FN1. All statutory references are to RSMo 2000 unless otherwise noted. FN2. Smith v. Department of Revenue, ED83533 (Mo. App. E.D. July 13, 2004). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.