Sherman v. Neth
Annotate this CaseThis case involved a civil administrative operator's license revocation for refusal to submit to a chemical test. The Department of Motor Vehicles revoked the operator's license of Ronald Sherman for one year, and the district court affirmed. The court of appeals reversed, determining that the sworn report in this case failed to confer jurisdiction on the Department because it did not sufficiently establish that Sherman was on a public road or private property open to public access at the time of his arrest. Prior to oral argument before the Supreme Court, Sherman died. The Court reversed, holding that because this license revocation proceeding involved a right that was purely personal to Sherman, the action abated on Sherman's death, and there was no longer a party with an interest in the resolution of the appeal. Remanded with instructions for the district court to vacate its order.
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