Declue v. Director of Revenue, 2012 Mo. App. LEXIS 235

Driver was arrested for DWI on May 14, 2010 and notified of one-year license revocation for refusing chemical testing.
On June 9, 2010 Driver petitioned the circuit court for review to set aside the revocation; Director failed to appear at the September 22, 2010 hearing.
After the hearing, the October 6, 2010 order found Director in default for failing to file a response and set aside the revocation; Director filed a motion to set aside the default on October 12, 2010.
Driver opposed; Driver claimed a Ralls County prosecutor was present at the hearing; Director claimed notice had been sent to the prosecutor.
December 14, 2010 hearing occurred; the circuit court denied the motion to set aside; January 18, 2011 order reissued the October 6, 2010 order as a judgment; appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the default judgment was void for improper service	Director argues Section 577.041.4 requires exclusive procedure and no service or appearance by Director or prosecutor is required.	Driver asserts proper service/notice and appearance were not established; default was appropriate.	Default judgment void; exclusive procedure under statute; remand.
Whether Director could be found in default for not filing a response	Director contends no responsive pleading was required; no default doctrine applies.	Driver asserts default based on failure to file a response is proper.	Plain-error reversal; default judgment vacated and remanded.

Nguyen v. Dir. of Revenue, 900 S.W.2d 238 (Mo.App. E.D.1995) (exclusive procedure under § 577.041.4; no pleading required)
Slaughter v. Dir. of Revenue, 997 S.W.2d 132-33 (Mo.App. S.D.1999) (no pleading required; review procedure)
Daus v. Dir. of Revenue, 840 S.W.2d 892 (Mo.App. E.D.1992) (review procedure; default judgment concerns)
Greenwood v. Dir. of Revenue, 5 S.W.3d 604 (Mo.App. E.D. 1999) (statutory review procedure; absence of required pleading)