Breazeale v. Kemna

This appeal concerns the dismissal of a civil action without granting a pending application for change of judge pursuant to Rule 51.05. Whether Walter Breazeale’s application for change of judge was timely filed is the dispositive issue. Finding that application to have been timely filed, this court reverses the judgment of dismissal and remands the cause with directions.

Walter Breazeale, an inmate, filed a petition to recover damages against Mike Kem-na, superintendent of the Western Missouri Correctional Center, and other prison officials. The following chronology shows the context in which…