Clary v. Director of Revenue

The Director of Revenue.appeals an order reinstating the' driver’s license of Edward L. Clary after his revocation for refusal to submit to chemical testing under § 577.041, RSMo Supp.1992 (effective 7-1-92, now repealed).

This court reverses the order of reinstatement.

The Director argues that the trial court lacked subject matter jurisdiction because Mr. Clary failed to name the Director of Revenue as a party in his petition for hearing. In support, the Director cites Cox v. Director of Revenue, 858 S.W.2d 844 (Mo.App.1993). In Cox, this district determined that the Director of Revenue must…