Martin v. Department of Revenue
Martin v. Department of Revenue
Opinion of the Court
Appellant Lee Allen Martin, acting pro se, appeals from the Circuit Court .of Cole County’s dismissal of his petition for declaratory judgment in which he alleged that Respondents the Missouri Department of Revenue, the Director of Revenue, and the Custodian of Records for the Department of Revenue had violated various provisions of the Missouri Sunshine Act, § 610.010 et seq.
On May 17, 2001, Appellant filed his pro se petition for declaratory judgment. Subsequently, Respondents sought to take Appellant’s deposition and sent him a notice of deposition for May 21, 2002. Appellant filed a motion to suppress the notice of deposition. Upon hearing that motion, the trial court denied it and ordered Appellant to appear at the appointed time and place for the purpose of having his deposition taken.
On May 21, 2002, Appellant, attorneys for Respondents, and a court reporter,
Subsequently, Respondents filed a motion for discovery sanctions against Appellant. After hearing Respondents’ motion on June 19, 2002, the trial court entered its order granting Respondents’ motion, dismissing Appellant’s petition without prejudice, and assessing the costs of the proceeding and the costs associated with the attempted deposition against Appellant. Appellant appeals from that order.
Although the issue is not raised by the parties to this appeal, this court is obliged to consider, sua sponte, issues related to the jurisdiction of this court. White v. Pruneau, 913 S.W.2d 959, 959 (Mo.App. E.D. 1996). In this action, the trial court dismissed Appellant’s petition without prejudice.
We therefore dismiss the appeal.
All concur.
. All statutory references are to RSMo 2000 unless otherwise noted.
. Appellant’s primary objection appears to have related to the inability of the court reporter to recite her oath of office to him on his demand.
. The docket entry is labeled as a dismissal without prejudice. Furthermore, the language of the docket entry does not reflect otherwise, and therefore, the dismissal must be deemed to have been without prejudice. Masonic Temple Assn of St. Louis v. Society for the Pres, of Masonic Temple, 70 S.W.3d 24, 26 (Mo.App. E.D. 2002).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.