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

> Missouri Court of Appeals · January 23, 1989 · 765 S.W.2d 341

URL: https://www.frixlaw.com/law-library/cases/5073629

## Case

- **Full name:** STATE of Missouri ex rel. the BOARD OF REGENTS OF SOUTHWEST MISSOURI STATE UNIVERSITY, Relator v. Honorable Donald E. BONACKER, Judge of the Circuit Court of Greene County, Division 3
- **Court:** Missouri Court of Appeals
- **Decided:** January 23, 1989
- **Citations:** 765 S.W.2d 341; 1989 Mo. App. LEXIS 90; 1989 WL 3829
- **Precedential status:** Published
- **Opinion:** Dissent by Prewitt
- **Judges:** Crow, Files, Flanigan, Greene, Hogan, Holstein, Maus, Prewitt
- **Cited by:** 3 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/5073629

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5073629. Public record. Not legal advice.