# State ex rel. Woodmansee v. Appelquist

> Supreme Court of Missouri · April 2, 1985 · 687 S.W.2d 176

URL: https://www.frixlaw.com/law-library/cases/5063757

## Case

- **Full name:** STATE ex rel. Timothy A. WOODMANSEE, Relator v. The Honorable John A. APPELQUIST, Judge of the Circuit Court of Greene County, Missouri, Division II, Thirty-first Judicial Circuit
- **Court:** Supreme Court of Missouri
- **Decided:** April 2, 1985
- **Citations:** 687 S.W.2d 176; 1985 Mo. LEXIS 332
- **Precedential status:** Published
- **Opinion:** Concurrence by Donnelly
- **Judges:** Billings, Blackmar, Donnelly, Gunn, Higgins, Rendlen, Welliver
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5063757

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5063757. Public record. Not legal advice.
