Wellner v. Director of Revenue

BRECKENRIDGE, Chief Judge.

The Director of Revenue appeals the trial court’s judgment awarding Gary P. Wellner attorney fees and costs pursuant to § 302.536, RSMo Cum.Supp.1996.1 The attorney fees and costs were requested and granted after this court reversed the trial court’s judgment upholding the Director’s suspension of Mr. Wellner’s driving privilege. Because the trial judge erroneously applied § 302.536 retrospectively, the trial court’s judgment is reversed.

Factual and Procedural Background

On October 27, 1995, the Director notified Mr. Wellner that his driving privilege was suspended…