State ex rel. Patrick J. O'Basuyi, Relator v. The Honorable David Lee Vincent III

LAURA DENVIR STITH, Judge.

Relator Patrick O’Basuyi, the plaintiff in the action below, seeks a writ of prohibition preventing the trial court from simultaneously trying to a jury both his own claims for breach of contract, quantum meruit and fraud, and the defendants’ counterclaim alleging he is maliciously prosecuting these three claims. This Court issued a preliminary writ of prohibition, which it now makes permanent.

The trial court abused its discretion in determining that Rule 55.06, which governs joinder of claims, authorized its denial of Mr. O’Basuyi’s motion for separate trial of the…