Opinion

State Ex Rel. New Liberty Hospital District v. Pratt

  • 687 S.W.2d 184
  • 1985 Mo. LEXIS 326
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
40 cases
Authority
More cited than 7.4%

holding that where "appeal fails to afford adequate relief, prohibition is the appropriate remedy to forbear patently unwarranted and expensive litigation, inconvenience and waste of time and talent"

How later courts described this case

  • holding that where "appeal fails to afford adequate relief, prohibition is the appropriate remedy to forbear patently unwarranted and expensive litigation, inconvenience and waste of time and talent"
  • holding that statutory provision granting a governmental entity the power to “sue or be sued” did not amount to an express waiver of sovereign immunity
  • hospital district exercises exclusively governmental functions
  • by use of "sue and be sued” language, legislature intended public entities to be able to be sued by proper claimants, but did not authorize a suit in tort for negligence

Written by the judges who cited it.

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, sovereign immunity raises the question of jurisdiction and 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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.