Guy v. Commissioner, Indiana Bureau of Motor Vehicles
937 N.E.2d 822
Ind. Ct. App.2010Background
- Guy, a Florida transplant, sought to renew his Indiana operator's license after Florida revoked his license for missing Florida DUI school.
- He moved to Greenfield, Indiana in 2001 and obtained an Indiana license; he had received a Florida letter in 2001 stating his driving privilege was not under revocation.
- In 2009, Indiana BMV notified Guy that a 'national system' showed a possible match preventing renewal; he was directed to contact Florida DMV.
- Guy filed a verified petition for order to renew and expedited hearing in Hancock Superior Court on December 1, 2009; the summons named only the Commissioner, Indiana BMV.
- At the December 29, 2009 expedited hearing, the Commissioner did not appear; the court denied the petition on January 14, 2010.
- Guy appeals contending the trial court lacked jurisdiction because the Attorney General was not served as required by AOPA and Trial Rule 4.6(A)(3).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to serve the Attorney General deprived the court of jurisdiction | Guy argues service on the Commissioner suffices | Commissioner argues AG must be served per AOPA and Rule 4.6(A)(3) | No personal jurisdiction; required service not met |
| Whether AOPA governs judicial review of agency action in this context | AOPA provides exclusive review; petitioner complied with procedure | AOPA requirements include serving AG; not satisfied here | AOPA applicable; improper service defeats jurisdiction |
| Whether Evans v. State supports curing defective service | Evans allows some cure via notice | Evans distinguished; no cure here due to failure to serve AG | Evans not controlling; service defective here prevents jurisdiction |
Key Cases Cited
- Evans v. State, 908 N.E.2d 1254 (Ind.Ct.App.2009) (trial court lacked jurisdiction where AG not served; distinguishable from Evans)
- Thomison v. IK Indy, Inc., 858 N.E.2d 1052 (Ind.Ct.App.2006) (24-defect in service may be excused by notice; TR 4.15(F) applied)
- Smock v. State ex rel. Cohen, 272 N.E.2d 611 (Ind.1971) (service requirements for state defendants under Trial Rule 4.6)