State ex rel. Means v. Randall

SHANGLER, Presiding Judge.

Our preliminary rule in mandamus issued to command the respondent circuit judge to set aside an order of remand to the associate circuit judge for execution of a default judgment rendered by the small claims court but taken to the respondent circuit judge for trial de novo under § 482.365, RSMo 1986. We determine that a circuit court has no power of remand of a cause vested for trial de novo from a small claims court under chapter 482. Accordingly, our preliminary rule in mandamus is made peremptory.

The pretended order of remand was meant to redress a perceived…