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GARNER v. DIRECTOR OF REVENUE

No. 65849.

893 S.W.2d 394 (1995)

Stephen Paul GARNER, Plaintiff-Respondent, v. DIRECTOR OF REVENUE, State of Missouri, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

February 21, 1995.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., James A. Chenault, III, Sp. Asst. Atty. Gen., Mo. Dept. of Revenue, Jefferson City, for appellant.

Mark S. Wasinger, Wasinger, Parham, Morthland, Terrell & Wasinger, Hannibal, for respondent.

KAROHL, Judge.

The Director of Revenue (DOR) appeals after the trial court granted summary judgment on February 22, 1994, in favor of Stephen Paul Garner, driver's licensee. The judgment ordered DOR to set aside an administrative suspension and to restore driving privileges. It was based on DOR's admissions resulting from failure to respond to Garner's Request for Admissions. The only issue on appeal is whether the trial court had jurisdiction to enter the judgment...

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