Opinion

State ex rel. Woodmansee v. Appelquist

  • 687 S.W.2d 176
  • 1985 Mo. LEXIS 332
Court
Supreme Court of Missouri
Filed
Apr 2, 1985
Status
Published
Author
Donnelly
On the bench
Billings, Blackmar, Donnelly, Gunn, Higgins, Rendlen, Welliver
Cited by
9 cases
Authority
More cited than 20.9%

The opinion

DONNELLY, Judge,

concurring.

In State ex rel. Morasch v. Kimberlin, 654 S.W.2d 889, 891 (Mo. banc 1983), this Court held that prohibition will lie to prevent an excess of jurisdiction but “that we should not continue the unfettered use of the writ of prohibition to allow interlocutory review of trial court error.”

In State ex rel. McNary v. Hais, 670 S.W.2d 494, 497 (Mo. banc 1984), this Court held that prohibition will lie where “[r]ela-tors do not have adequate remedy by way of appeal.”

In this case, even if the court has jurisdiction there is no adequate remedy by appeal and, therefore, prohibition will lie.

I concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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