Thagard v. Person

I agree that Wesley Person’s petition for a writ of mandamus is due to be denied, but I write specially to offer guidance to the bench and bar regarding what claims may be raised in the circuit court after a case is appealed from the district court to the circuit court for a trial de novo.

In this case, the district court entered a judgment in favor of George Thagard in the amount of $10,000 plus costs on Tha-gard’s claim that Person had caused a fire to come onto Thagard’s property and that Thagard’s property was damaged as a result. Person appealed to the circuit court for a trial de novo,…