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WELLNER v. DIRECTOR OF REVENUE

No. WD 56295.

16 S.W.3d 352 (2000)

Gary P. WELLNER, Respondent, v. DIRECTOR OF REVENUE, Appellant.

Missouri Court of Appeals, Western District.

April 25, 2000.

Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Evan J. Buchheim, Asst. Atty. Gen., Jefferson City, for appellant.

Michael C. McIntosh, Independence, for respondent.

Before BRECKENRIDGE, C.J., SPINDEN and SMART, JJ.

BRECKENRIDGE, Chief Judge.

The Director of Revenue appeals the trial court's judgment awarding Gary P. Wellner attorney fees and costs pursuant to § 302.536, RSMo Cum.Supp.1996.1 The attorney fees and costs were requested and granted after this court reversed the trial court's judgment upholding the Director's suspension of Mr. Wellner's driving privilege. Because the trial judge erroneously applied § 302.536 retrospectively...

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