# State Ex Rel. New Liberty Hospital District v. Pratt

> Supreme Court of Missouri · April 2, 1985 · 687 S.W.2d 184

URL: https://www.frixlaw.com/law-library/cases/9647513

## Case

- **Full name:** STATE Ex Rel. NEW LIBERTY HOSPITAL DISTRICT, Relator, v. the Honorable Stephen R. PRATT, Judge of the Circuit Court of Clay County, Respondent
- **Court:** Supreme Court of Missouri
- **Decided:** April 2, 1985
- **Citations:** 687 S.W.2d 184; 1985 Mo. LEXIS 326
- **Precedential status:** Published
- **Opinion:** Concurrence by Donnelly
- **Judges:** Billings, Blackmar, Donnelly, Gunn, Higgins, Rendlen, Welliver
- **Cited by:** 40 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/9647513

## How later opinions describe it (automated extraction)

- 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

## 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, sovereign immunity raises the question of jurisdiction and prohibition will lie.
I concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9647513. Public record. Not legal advice.