This is a case arising out of the unconstitutional revocation of my driver's license. It is a Trial De Novo Action to review the final decision of the Director of Revenue for the State of Missouri.
I need to give an explanation to this case or it will confuse you. In the case number CV398-699CC I filed a motion for trial de novo review of the Director of Revenue's illegal revocation of my driving license beyond the statutes of the State of Missouri. The Trial Court of Ronald J. or R. Jack Garrett refused to hear the petition and threw me out for lack of subject matterjurisdiction (fancy words that means a court is not required to give due process). I appealed to the Missouri State Supreme Court on Constitutional grounds, Resuslting in Mo. Supreme Court case# 81426. The Missouri Supreme Court Transfered the Case to the Southern District Court of Appeals, Case #23071-1, where on the 10th day of January 2000 Oral Argument was heard. The Court of Appeals issued an opinion on the 15th day of February 2000 dismissing the appeal on the grounds that the trial judge had failed to enter a judgment. The mandate of the court of appeals was that trial judge should enter a judgment. The Trial Judge did enter a Judgment on the 18th day of February 2000, which is less than a judgment in my opinion. I filed Motion to reconsider on the 25th day of February 2000. Now good luck, I am sure there is motions that you can use for yourself as templates in this case. Appeals process, Record on Appeal, Legal File, Transcript, Motion to Reconsider, and I espically like the Bill of Cost filed in this case all are good work. Please help yourself. Lee
On March the third the Court of Appeals issued a Mandate. It was less than ethical, and I filed a Motion for retaxation of the Bill of Cost. I also raised the issue of the common law Writ of Procedendo. You should read this.
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The Missouri Supreme Court has ruled that the proper Jurisdiction is with the Court of Appeals. Specifically, The Southern District Court of Appeals Division #1. I have been here before. The new case number is now S.D.#23071-1 and can be found on Case.net.
03/09/99 List of certified documents from the clerk of the Trial Court
03/09/99 Certified Docket Sheets
03/02/99 Letter from Trial Court Clerk to Plaintiff concerning Legal File Request
03/02/99 Letter from Plaintiff to Trial Court Clerk requesting Transcript preparation
03/02/99 Letter from Plaintiff to Trial Court Clerk requesting Legal File preparation
02/24/99 Letter from Missouri Supreme Court Clerk notifying Trial Court of filing appeal
02/17/99 Motion for Retaxation of Bill of Costs
02/09/99 Notice of Appeal
02/09/99Affidavit for Filing without Costs
02/09/99Petition to File in Forma Pauperis and Affidavit of Poverty
02/09/99 Income and Expense Statement
02/09/99 U.S. Individual Income Tax Return 1997
02/09/99Mo. Individual Income Tax Return 1997
02/02/99 Order of Trial Court 2nd day of February 1999
02/02/99 Respondent's Suggestions to Petitioneer's Judicial Notice
02/01/99 Suggestions in Opposition to Defendant's Motion to Dismiss
01/22/99 Motion to Dismiss
12/28/98 Second Amended Petition for Trial De Novo from Administrative Action
12/28/98 Motion for Nunc Pro Tunc Order to Correct Court Record
12/21/98 Motion to Dismiss
11/12/98 Order of Trial Court 12th day of November 1998
11/09/98 Rule 65 Motion for Continuance
11/02/98 Answer
10/15/98 First Amended Petition for Trial De Novo from Administrative Action
09/04/98 Petition for Trial De Novo from Administrative Action
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