Rocky Dixon Slaughter, Plaintiff-Respondent, v. Director of Revenue, Defendant-Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Southern District Case Style: Rocky Dixon Slaughter, Plaintiff-Respondent, v. Director of Revenue, Defendant-Appellant. Case Number: 22685 Handdown Date: 08/17/1999 Appeal From: Circuit Court of Texas County, Hon. Douglas E. Long Counsel for Appellant: Evan J. Buchheim Counsel for Respondent: No brief filed Opinion Summary: None Citation: Opinion Author: James K. Prewitt, Judge Opinion Vote: REVERSED AND REMANDED. Garrison, C.J., and Montgomery, P.J., concur. Opinion: Following Plaintiff's arrest for driving while intoxicated, his driver's license was revoked for refusing to take a breath test. Thereafter he sought judicial review under Section 577.041, RSMo Supp. 1997. When Defendant did not file an answer within the time ordinarily allowed, a default judgment was entered requiring that Defendant reinstate Plaintiff's driver's license. Defendant appeals.(FN1) Judicial review under Section 577.041 does not require the Director of Revenue to file an answer or other responsive pleadings. Nguyen v. Director of Revenue, 900 S.W.2d 238, 239 (Mo.App. 1995); Gothard v. Spradling, 586 S.W.2d 443, 446 (Mo.App. 1979). See also Dudley v. Director of Revenue, 926 S.W.2d 943, 944 (Mo.App. 1996); Daus v. Director of Revenue, 840 S.W.2d 892, 893 (Mo.App. 1992). The judgment is reversed and the cause remanded for further proceedings consistent with this opinion. Footnotes: FN1. Respondent has not filed a brief. "While there is no penalty prescribed for the failure to file a brief, we are required

to decide the case without the benefit of that party's authorities and points of view." Fitzgerald v. Director of Revenue, 922 S.W.2d 478, 479 n.3 (Mo.App. 1996). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.