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MERRELL v. DIRECTOR OF REVENUE

No. WD 60659.

82 S.W.3d 227 (2002)

Robert A. MERRELL, Appellant, v. DIRECTOR OF REVENUE, STATE OF MISSOURI, Respondent.

Missouri Court of Appeals, Western District.

August 20, 2002.

Attorney(s) appearing for the Case

Michael S. Shipley, Liberty, for appellant.

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

PAUL M. SPINDEN, Presiding Judge.

Robert A. Merrell appeals from the dismissal of his petition for writ of prohibition which, had it been issued, would have prohibited the Department of Revenue director from enforcing the suspension or revocation of Merrell's driving privileges following Merrell's arrest for driving while intoxicated. We hold that an appeal does not lie where a preliminary writ has been quashed and the writ proceeding dismissed based upon the circuit...

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