Legal Opinion

State ex rel. Phillips v. LePage

Missouri Court of Appeals

Decided January 31, 2002No. 24391PublishedCited by 2 opinions

1Opinion of the Court

JAMES K. PREWITT, Judge.

This is an original proceeding in prohibition. Randall Phillips (“Relator”) filed a petition for writ of prohibition contending that the Honorable John LePage (“Re*691spondent”) was without jurisdiction to deny Relator’s demand for a jury trial on Relator’s wrongful death claim within an interpleader action. Under Missouri Court Rule 97.04 (2000), we issued a preliminary order in prohibition. For the reasons outlined below, we quash the preliminary order. Respondent’s order denying Relator’s demand for a jury trial on the wrongful death claim within the inter-pleader…

2Cases cited19 opinions

  1. State Farm Fire & Casualty Co. v. TashireSupreme Court of the United States · 1967
  2. Pan American Fire & Casualty Company v. RevereDistrict Court, E.D. Louisiana · 1960
  3. Jaycox v. BruneSupreme Court of Missouri · 1968
  4. State Ex Rel. Eggers v. EnrightSupreme Court of Missouri · 1980
  5. State Ex Rel. Tolbert v. SweeneyMissouri Court of Appeals · 1992

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3Cited by2 opinions

  1. Bullmaster v. KruegerMissouri Court of Appeals · 2004
  2. Allmond v. Dorel Juvenile Group, Inc.District Court, W.D. Missouri · 2019

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