State ex rel. Drey v. Hoester

MORGAN, Judge.

This original proceeding in mandamus is somewhat of a sequel to Drey v. McNary, 529 S.W.2d 403 (Mo. banc 1975), and turns on whether or not the mandate of this Court in the latter case deprived the trial court therein of jurisdiction to entertain motions, filed after remand, for reimbursement, accounting of funds and allowance of attorneys’ fees. For reasons hereinafter discussed, we hold that it did not.

Consideration of the immediate question requires at least a limited recitation1 of the factual situation from which the Drey case stemmed; and, it is of interest that plaintiffs…