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TUMIALAN v. STATE BD. OF REGISTRATION

No. WD 65950.

193 S.W.3d 398 (2006)

Luis TUMIALAN, M.D., Respondent, v. STATE BOARD OF REGISTRATION FOR THE HEALING ARTS, Appellant.

Missouri Court of Appeals, Western District.

Rehearing Denied June 27, 2006.

Attorney(s) appearing for the Case

William S. Vanderpool, III, and William E. Roberts, co-counsel, Jefferson City, MO, for Appellant.

Thomas W. Rynard and James B. Deutsch, co-counsel, Jefferson City, MO, for Respondent.

Before EDWIN H. SMITH, C.J., VICTOR C. HOWARD, and THOMAS H. NEWTON.

THOMAS H. NEWTON, Judge.

The State Board of Registration for the Healing Arts (Board) appeals a declaratory judgment of the circuit court stating that the Board lacked authority to seek the automatic revocation of Dr. Luis Tumialan's medical license under section 334.103.1 We reverse and remand for the circuit court to vacate its judgment as being void for lack of jurisdiction.

Dr. Tumialan was driving on an interstate highway...

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