Kelley v. Missouri Department of Revenue

The “Director of Revenue, State of Missouri” appeals from the judgment purporting to set aside the suspension of driving privileges for 60 days for violation of § 303.025, RSMo 1986, a portion of “The Motor Vehicle Safety Responsibility Law.” § 303.010, RSMo 1986.

The petition styles the action as against the “Missouri Department of Revenue”. It provides “Serve: Duane Benton, Director of Revenue”. Respondent Steven Kelley contends this constituted naming the Director of Revenue “specifically in the caption”. The body of the petition does not refer to the Director, but only to the “Missouri…