IN THE 37th JUDICIAL CIRCUIT FOR THE STATE OF MISSOURI, COUNTY OF HOWELL
Lee Allen Martin ) Case No.: Cv398-699CC
Pro Se )
Director of Revenue, )
State of Missouri )
MOTION TO RECONSIDER
Comes now the petitioner/appellant, Lee Allen Martin, pursuant to Missouri Supreme Court Rule 74.06 b (3) and Missouri Supreme Court Rule 75.01. Petitioner notes that the court retains jurisdiction of its Judgment for 30 days after issuing said Judgment. Judgment in this case was issued on the 18th day of February 2000. Further it should be noted that Judgment of February 18, 2000 was issued pursuant Mandate of the Southern District Court of Appeal, Honorable John C. Crow, author, dated February 15, 2000.
HISTORY OF ACTION
On the 4th day of September 1998 Petitioner filed Original Petition for Trial De Novo review of an administrative decision of the Director of Revenue within the 30 days as prescribed by law. Upon the continuance of the trial court, petitioner was granted 15 days to amend petition on the 5th day of October 1998, as petition was dismissed in violation of Missouri Supreme Court Case Jackson v. Director of Revenue 893 S.W. 831 for Original Petition failing to state Director in the Heading.
On the 15th day of October 1998 Petitioner filed the First Amended petition for Trial De Novo from Administrative Action within the 15 days allowed by trial court. On the 21st day of December 1998 Trial Court did take to dismiss the Petition for lack of allegations regarding venue and jurisdiction, and according to the certified transcript of the proceeding because petition failed to state petitioner's address in the body of the petition. It should be noted that petition did state address of petitioner under the signature of petitioner.
On the 28th day of December 1998 Petitioner did take to file a 2nd Amended Petition for Trial De Novo from Administrative Action that was dismissed with the Trial Courts ORDER of the 2nd day of February 1999.
On the 9th day of February 1999 Petitioner filed Notice of Appeal and Motion to Proceed in Forma Pauperis was filed on the 8th day of February 1999. Trial court did sustain Motion to proceed in Forma Pauperis on the 9th day of February 1999.
Oral Argument was heard before the Southern District Court of Appeals on the 10th day of January 2000. The Court of Appeals issued its Mandate on the 15th day of February 2000 dismissing Appeal on the grounds that no Judgment was ever entered in the case at hand, directed the Trial Judge to enter Judgment pursuant to Missouri Supreme Court Rule 74.01.
Trial Judge took to enter a Judgment on the 18th day of February 2000. A one-sentence statement saying against petitioner and for defendant with the caption of Judgment. No grounds for decision was given and no statement of what Motion by defendant is sustained.
This brings us to the Motion before the trial court now. Petitioner believes that the Judgement of 18 February 2000 is irregular in that it at no time states a ground for the dismissal. As the Trial court has retained jurisdiction of the case at hand since the 4th day of September 1998, and since no error in the Original Petition did warrant a dismissal, and failure for the trial court to state a ground for a dismissal makes the judgement irregular. Further, issues as to points of law concerning the legality of the Director's action upon the property right of the petitioner requires that justice would be best served by the trial court making a ruling on the merits of Petitioners action.
It should be also noted that trial courts dismissal at this late date does deny the petitioner any semblance of due process of law.
PRAYER FOR RELIEF
Petitioner does ask this court to reconsider the decision and reverse the dismissal or in the alternative make a statement in the judgment that does state the grounds for the said dismissal so that the petitioner may proceed.
Lee Allen Martin
7050 County Road 2810
West Plains, Missouri 65775
CERTIFICATE OF SERVICE
I, Lee Allen Martin, do swear and affirm that one true and accurate copy of the foregoing was mailed to the Director of Revenue to his address 301 West High St. Jefferson City Missouri 65105 and one true and accurate copy of the foregoing was hand delivered to the Prosecuting Attorney's Office of the County of Howell on this the 25th day of February 2000.
So certified: _________________________________________
Lee Allen Martin
NOTICE OF HEARING
The foregoing motion will be called before the Court for hearing on the 6th day of March 2000 at 1:00 p.m. or as soon thereafter as Petitioner may be heard.
Lee Allen Martin