44 S.W.3d 898 | Mo. Ct. App. | 2001
The Director of Revenue (Director) appeals the circuit court’s judgment assessing costs against Director after reinstating the driver’s license of Jimmie Dale Paskel (Paskel).
Our review of the award of costs to Paskel is limited to determining if the trial court’s award was arbitrary and capricious, unreasonable, unsupported by competent and substantial evidence, made
It is well established law that costs cannot be assessed against state agencies or state officials absent express statutory authority. Richardson v. State Highway & Transp. Comm’n, 863 S.W.2d 876, 882 (Mo. banc 1993). In Hinton, 21 S.W.3d at 113, the Western District held that there is no statutory provision for an award of attorney’s fees or costs against Director when a petition for review is filed pursuant to section 577.041. We agree with and adopt the analysis set forth in Hinton. No purpose would be served by restating that analysis herein. Accordingly, we reverse that portion of the judgment awarding costs to Paskel against Director. In all other respects the judgment is affirmed.
. Paskel did not file a respondent's brief.