State of Missouri ex rel. Bob T. Beisly II, Relator v. The Honorable Timothy Perigo

ORIGINAL PROCEEDING IN PROHIBITION

George W. Draper III, Judge

Bob T. Beisly II (hereinafter, “Relator”), the defendant in the action below, seeks a writ of prohibition to prevent the circuit court from taking any further action in Wilma Jean Irwin’s (hereinafter, “Irwin”) wrongful death suit, other than to dismiss it with prejudice. Relator contends Irwin’s suit is time-barred by section 537.100, RSMo 2000.1 This Court holds the circuit court did not abuse its discretion in overruling Relator’s motion to dismiss because the doctrine of equitable es-toppel forecloses Relator from relying on the…