State ex rel. Red Cross Pharmacy, Inc. v. Harman

ALOK AHUJA, Judge.

Relator Red Cross Pharmacy, Inc. seeks a writ of mandamus ordering the Respondent, Judge Larry D. Harman, to dismiss without prejudice the claim asserted against the Pharmacy in the underlying action pending in the circuit court. The Pharmacy argues that dismissal is required because the plaintiff in the underlying case failed to file a timely and sufficient health-care affidavit with respect to the Pharmacy’s alleged negligence, as required by § 538.225.1.1 We agree, and now make our preliminary writ of mandamus absolute.

*261Factual Background

The Pharmacy’s petition for writ of…