Tumialan v. State Board of Registration for the Healing Arts
Tumialan v. State Board of Registration for the Healing Arts
Opinion of the Court
The State Board of Registration for the Healing Arts (Board) appeals a declaratory judgment of the circuit court stating that the Board lacked authority to seek the automatic revocation of Dr. Luis Tu-mialan’s medical license under section 334.103.
Dr. Tumialan was driving on an interstate highway near St. Louis when he struck and killed a pedestrian who was crossing the highway. He was charged with and entered a guilty plea to the class D felony of leaving the scene of a motor vehicle accident in violation of section 577.060. As a result, the Board notified him of its intent to revoke his license under section 334.103
The parties have not raised the issue of this court’s jurisdiction, but this is a matter that we must determine sna sponte in every case. In re Nelson, 119 S.W.3d 197, 199 (Mo.App. W.D. 2003); Cantrell v. State Bd. of Registration for Healing Arts, 26 S.W.3d 824, 827 (Mo.App. W.D. 2000). If the circuit court lacked jurisdiction to render a judgment on the merits, we lack jurisdiction to consider an appeal from such judgment on the merits. Two Pershing Square, L.P. v. Boley, 981 S.W.2d 635, 639 (Mo.App. W.D. 1998).
Dr. Tumialan brought this action under section 536.050.1, which allows the courts to render declaratory judgments respecting the validity of agency rules or the threatened application thereof.
Accordingly, the circuit court lacked jurisdiction to consider Dr. Tumialan’s petition for declaratory relief. We reverse and remand for the circuit court to vacate its judgment as being void for lack of jurisdiction.
EDWIN H. SMITH, C.J., and VICTOR C. HOWARD, J., concur.
. All statutory references are to RSMo.2000 unless otherwise indicated.
. Section 334.103 provides that a physician's license shall be automatically revoked if the physician has pleaded guilty to a felony that is an "offense reasonably related to the qualifications, functions or duties of a physician, or for any felony offense, an essential element of which is fraud, dishonesty or an act of violence, or for any felony offense involving moral turpitude ... following a review of the record of the [criminal] proceedings and upon a formal motion of the state board of registration for the healing arts.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.