Merrell v. Director of Revenue

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 court’s determination that it lacked jurisdiction. We, therefore, dismiss Merrell’s appeal.

On February 21, 2001, authorities…