State Ex Rel. Horridge v. Pratt

DIXON, Judge.

This extraordinary writ proceeding is a sequel to the direct appeal of the underlying dissolution proceeding, Horridge v. Horridge, 542 S.W.2d 324 (Mo.App.1976).

Relator seeks to prohibit the trial judge who presided in the original dissolution proceeding from hearing the issues presented upon the remand of the cause. Relator asserts that his motion for a change of judge under Rule 51.05 was improperly denied. It is conceded that the motion was timely and in proper form. The sole issue to be decided is whether the further proceedings in the court below constitute a “new trial” or…