Legal Opinion

State ex rel. Sweet v. Smith

Missouri Court of Appeals

Decided October 11, 1983No. WD 34962PublishedCited by 4 opinions

1Opinion of the Court

LOWENSTEIN, Judge.

This is an original proceeding in prohibition. The sole issue applicable to making this court’s preliminary order absolute is whether Rule 81.07(a)1 gives a circuit judge authority to allow a trial de novo where an application for same is untimely filed under Section 512.190 RSMo.2 following judgment by an associate circuit judge. This question is answered in the negative and the order issued June 14, 1983 is made absolute.

The relators here obtained, as plaintiffs, judgment in an associate division of the Circuit Court of Jackson County for a total of $4,250 in damages…

2Cases cited5 opinions

  1. Holmes v. Navajo Freight Lines, Inc.Missouri Court of Appeals · 1972
  2. State Ex Rel. Blackwell v. ElrodMissouri Court of Appeals · 1980
  3. Plaza Point Investments, Inc. v. DunnawayMissouri Court of Appeals · 1982
  4. Essner v. ReynoldsMissouri Court of Appeals · 1981
  5. State ex rel. Weisman v. EdwardsMissouri Court of Appeals · 1983

3Cited by4 opinions

  1. Estate of Ingram v. RollinsMissouri Court of Appeals · 1993
  2. Oliva v. SpatzMissouri Court of Appeals · 1992
  3. C.G.S. Realty Co. v. JacobsMissouri Court of Appeals · 1985
  4. Fabros, Inc. v. BaileyMissouri Court of Appeals · 1985

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