SER Advance Stores v. Hon. Arthur M. Recht

DAVIS, Justice:

This case was brought under this Court’s original jurisdiction by Advance Stores Company and its employee Donn Free, petitioners herein and defendants below (collectively “Advance Stores”). Advance Stores seeks a writ of prohibition to prevent enforcement of an order of the Circuit Court of Ohio County that denied, in part, Advance Stores’ motion to dismiss a third amended complaint filed by Scott McMahon and Karen John, respondents herein and plaintiffs below (collectively “plaintiffs”). 1 Advance Stores contends that in denying, in part, their motion to dismiss, the circuit…