Opinion

State ex rel. Board of Regents of Southwest Missouri State University v. Bonacker

  • 765 S.W.2d 341
  • 1989 Mo. App. LEXIS 90
  • 1989 WL 3829
Court
Missouri Court of Appeals
Filed
Jan 23, 1989
Status
Published
Author
Prewitt
On the bench
Crow, Files, Flanigan, Greene, Hogan, Holstein, Maus, Prewitt
Cited by
3 cases

The opinion

PREWITT, Judge,

dissenting.

I respectfully dissent. It appears to me that the only real disputes thus far developed are between the plaintiff and defendant in the underlying action arid perhaps the defendant’s wife. Had there been a genuine issue between a garnishee and plaintiff, such as whether a garnishee is indebted to the defendant, then I would agree with the majority. Such a dispute would be like an independent action, and, were it not for the garnishment, might require a separate civil proceeding between the defendant and the garnishee.

However, here I see no “civil action” under Rule 51.05(a) which would call for the disqualification of the judge. With these limiting comments, I concur in the dissent of Judge Holstein.

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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