State Ex Rel. Morgan v. Colyer

DANIEL E. SCOTT, Judge.

We previously issued a preliminary writ of prohibition, which we now make absolute. 1

Procedural Background

Plaintiffs Jean Tessier and Robert Bryan, co-personal representatives of the Estate of Margaret E. Johnston, filed against Relators a petition for discovery of assets. After Relators’ attorney was elected full-time county prosecutor in late 2006, Respondent allowed him to withdraw and set a January 12, 2007 case review hearing to see whether Relators had retained new counsel.

On January 2, 2007, Relators’ present attorney entered his appearance and moved to continue…