Legal Opinion

State ex rel. Missouri State Highway Patrol v. Atwell

Missouri Court of Appeals

Decided October 28, 2003No. WD 61421PublishedCited by 4 opinions

1Opinion of the Court

ORIGINAL PROCEEDING IN PROHIBITION

RONALD R. HOLLIGER, Judge.

The Missouri State Highway Patrol seeks a writ of prohibition barring the respondent from proceeding in the underlying suit on the basis that the claims against it are barred by the doctrine of sovereign immunity. The second amended petition before the trial court alleges that the relator seized property (cash) in which the plaintiff in the underlying proceeding claims an ownership interest. The petitioner also claims that the cash was given to federal authorities by relator in violation of Missouri’s Criminal Activity Forfeiture…

2Cases cited17 opinions

  1. Jones v. State Highway CommissionSupreme Court of Missouri · 1977
  2. Bachtel v. Miller County Nursing Home DistrictSupreme Court of Missouri · 2003
  3. Kleban v. MorrisSupreme Court of Missouri · 1952
  4. Vs DiCARLO CONSTRUCTION CO., INC. v. StateSupreme Court of Missouri · 1972
  5. Brennan Ex Rel. Brennan v. Curators of the University of MissouriMissouri Court of Appeals · 1997

12 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Kubley v. BrooksSupreme Court of Missouri · 2004
  2. Blair v. City of HannibalDistrict Court, E.D. Missouri · 2016
  3. Blair v. City of HannibalDistrict Court, E.D. Missouri · 2016
  4. Kubley v. BrooksSupreme Court of Missouri · 2004

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