State ex rel. Uptergrove v. Russell

SMART, Judge.

This proceeding involves the contention of a party defendant that an objection to venue, raised for the first time by defendant after defendant has filed a responsive pleading and commenced discovery, may “relate back” to the date of the answer under Rule 55.33(e), so as to preserve the objection to venue.

In October, 1991, Georgia Uptergrove filed a personal injury action against the Housing Authority of Lawson, Missouri, in the Circuit Court of Clay County. Eighteen days after service was obtained, the Housing Authority mailed its answer to the Circuit Clerk of Clay County, and…