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Case: Rocky Dixon Slaughter, Plaintiff-Respondent, v. Director of Revenue, Defendant-Appellant.
Court: Missouri Court of Appeals, Southern District
Decision Date: Unknown
Outcome: reversed
Practice Area: criminal-law
Canonical URL: https://ott.law/missouri-courts/opinions/rocky-dixon-slaughter-plaintiff-respondent-v-director-of-revenue-defendan-23132
Official Source URL: https://www.courts.mo.gov/file.jsp?id=23132
Related Practice Areas:
- Criminal Law: https://ott.law/practice-areas/criminal-law?ott_archive=missouri-courts&ott_archive_practice_area=criminal-law&ott_archive_query=Rocky+Dixon+Slaughter%2C+Plaintiff-Respondent%2C+v.+Director+of+Revenue%2C+Defendant-Appellant.&ott_archive_link_source=tag&ott_archive_link_score=20&ott_archive_link_evidence=tag%3A+criminal-law&ott_archive_location=opinion_plain_text_practice_area (slug: criminal-law; source: tag; score: 20; evidence: tag: criminal-law)

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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 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Following Plaintiff's arrest for driving while intoxicated, his driver's license was revoked for refusing to take a 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.