State ex rel. Office of Public Counsel v. Missouri Public Service Commission

TURNAGE, Judge.

The Public Counsel filed a petition for a writ of prohibition against the Public Service Commission in the Circuit Court of Cole County. The court issued a preliminary order, and after the Commission filed its return, the court found that the preliminary order had been improvidently issued and that the court lacked jurisdiction to issue such order. The effect of such ruling was to dismiss the petition.

The Public Counsel has appealed, and the Commission contends there is no final ap-pealable judgment. Appeal dismissed.

The Commission contends that when a court dismisses a…