State ex rel. Brown v. Shoemaker

The parties to this action have failed to submit briefs to further delineate their respective positions with regard to the propriety of this court’s issuing the prayed-for writ of procedendo. Nevertheless, we find that the parties have submitted sufficient pleadings to allow this court to make an informed decision on whether to issue the writ.

Respondent contends that this action is barred by the equitable doctrine of laches. However, based on the facts and circumstances before us, we cannot agree.

Based on the amended complaint filed in this action, it is alleged that the action in the Court…