State Ex Rel. O'Blennis v. Adolf

With reservation, I concur. My reservation stems solely from the procedural propriety of issuing this writ.

The trial court here denied a motion for summary judgment. The court had jurisdiction over the subject matter and the person and, thus, had jurisdiction to make its ruling. If the ruling was erroneous, it can be appealed after final judgment is entered. Therefore, one would think the writ would not lie. Not so. That is not the law in Missouri today and may not have ever been, except, perhaps, during the short life of State ex rel. Morasch v. Kimberlin, 654 S.W.2d 889 (Mo. banc 1983).

Prior…