State Ex Rel. Dos Hombres-Independence Inc. v. Nixon

Relator, Dos Hombres-Independence, Inc., petitions this court for its writ of prohibition to preclude The Honorable W. Stephen Nixon from setting aside his March 2, 2000, “Judgment of Partial Dismissal” that dismissed plaintiffs’ petition asserting a wrongful death claim against Dos Hombres-Independence, Inc. and from reinstating the wrongful death claim. This court’s preliminary rule in prohibition was issued on September 28, 2000. The preliminary rule in prohibition is hereby made absolute.

James R. Mercer and Elizabeth A. Lower filed their petition on September 8, 1999, against Dos Hombres…