State ex rel. Kirkwood Excavating, Inc. v. Stussie

SNYDER, Judge.

Relators filed their petition for a writ of prohibition or in the alternative a writ of mandamus, seeking to prohibit the respondent judge from dismissing their contract petition (Kirkwood Excavating, Inc. and C.L.M. Contracting, Inc., joint venturers, vs. Carafiol’s Properties Company, Cause No. 477108) and from denying their motion to consolidate their contract action into a pending mechanic’s lien action (Krupp Construction Company, Inc. vs. Carafiol’s Properties Company, et al., Cause No. 440675).

This court issued its preliminary writ of mandamus in which it ordered the…