 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Doody v. State5/11/1999
dministrative hearing pursuant to section 454.496.1 and sustaining a default without actually appearing at the hearing is contrary to the purposes of the exhaustion requirement as articulated in Marquart. Therefore, because Doody did not exhaust his administrative remedies, he did not file his petition for judicial review in accordance with section 454.496.6, and the circuit court erred in denying the Division's motion to dismiss for lack of subject matter jurisdiction.
Because our holding on Point I is dispositive, we do not address Points II and III.
The judgment of the trial court is reversed and remanded with directions that Doody's petition for judicial review be dismissed for lack of subject matter jurisdiction and that the court review the administrative order as though the petition for judicial review had not been filed.
All concur.
Separate Opinion: None
Page 1 2 3 4 Missouri DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|