State Ex Rel. Coca Cola Bottling Co. of Mid-America v. Gaertner

HIGGINS, Judge.

Coca Cola Bottling Company of Mid-America seeks prohibition or mandamus to prevent Judge Gary Gaertner from transferring the underlying damage suit from the Circuit Court of the City of St. Louis to the Circuit Court of Pettis County and from taking any further action in the case other than to dismiss it for lack of proper venue. A provisional rule in prohibition and an alternative writ of mandamus issued April 16, 1984. The question is whether joinder of a party whose presence in the suit supports venue but against whom the statute of limitations has run establishes proper…