879 S.W.2d 753 | Mo. Ct. App. | 1994
The Director of Revenue (Director) appeals the trial court’s reversal of her revocation of petitioner’s driving privileges for refusing to submit to a chemical test. We reverse and remand.
Petitioner was arrested on November 16, 1992. The Director revoked petitioner’s driver’s license, pursuant to § 577.041, RSMo Supp.1993, for refusal to submit to a chemical test.
The Director mailed a notice of revocation to petitioner on December 8,1992. On April 13,1993, petitioner filed a petition for review in the trial court. On May 19, 1993, the Director filed a motion to dismiss, contending the court below lacked subject matter jurisdiction due to petitioner’s failure to timely
Petitions for review must be filed within thirty days of mailing of the notice of revocation. § 536.110, RSMo 1986; Ramey v. Director of Revenue, 865 S.W.2d 442, 443 (Mo.App.E.D.1993). Failure to do so deprives the trial court of subject matter jurisdiction. Ramey, 865 S.W.2d at 443. Subject matter jurisdiction cannot be waived or agreed to. Pool v. Director of Revenue, 824 S.W.2d 515, 517 (Mo.App.1992). A confession of judgment does not vest a court with subject matter jurisdiction which is otherwise lacking. Evans v. Director of Revenue, 871 S.W.2d 90, 92 (Mo.App.E.D.1994). When a court lacks subject matter jurisdiction, it can take no action other than to exercise its inherent power to dismiss. Pool v. Director of Revenue, 824 S.W.2d 515, 517 (Mo.App.1992).
Petitioner argued at trial
The judgment of the trial court is reversed and the case remanded with directions to dismiss the petition.
. We note that petitioner did not file a brief on appeal.