State Ex Rel. Berbiglia, Inc. v. Randall

HENLEY, Judge.

This is an original proceeding in prohibition. Relator seeks to prohibit respondent from taking any action to enforce a judgment entered January 17, 1967, alleged to be void because it altered or changed a final judgment entered August 4, 1966, from which an appeal had been taken and was pending in this court. The provisional rule was issued March 14, 1967, and we determine that it should be made absolute.

It appears from the allegations of the petition for the writ, respondent’s return, and relator’s reply that the facts are not controverted. The petition alleges that in…