State ex rel. Lahammer v. Franklin

PREWITT, Judge.

Relator filed a “Petition for Writs of Prohibition and Mandamus” requesting that this court prohibit respondent trial judge from taking any action in the underlying motion to modify filed by relator's former wife, Juanita Lahammer McNeil. He also requests an order directing respondent to dismiss that motion.

In her motion McNeil seeks an order modifying a dissolution decree entered on January 5,1987, in South Dakota, as subsequently modified on July 8, 1987. Under the July 8, 1987 modification each party has custody of their two minor children six months of the year. McNeil, in…