State ex rel. Brandon v. Dolan

MONTGOMERY, Judge.

In this original proceeding in prohibition, Billy J. Brandon (Relator) seeks to prohibit the Honorable David A. Dolan (Respondent) from exercising further jurisdiction over the underlying action for wrongful death. The issue arose after Respondent overruled Relator’s motion to dismiss the action as time-barred under the three-year limitation period in § 537.100.1

Plaintiffs’ petition, filed July 7, 2000, alleged they were the wife and daughter of Wayne Taylor (Decedent) and that they were entitled to bring the action under § 537.080. Summarized, the petition alleged the…