State ex rel. Fugate v. Anderson

ORIGINAL PROCEEDING IN PROHIBITION

MONTGOMERY, Judge.

This is an original proceeding in prohibition. Relators seek to prohibit Respondent from taking any action to enforce an order entered April 11, 1994, alleged to be void because it altered or changed a final judgment entered October 18, 1993. We determine that our preliminary order issued April 14, 1994, should be made permanent.

In the underlying ease, Relator Lora Mae Fugate is the plaintiff in a partition suit instituted against defendant Orvil R. Whitehead in the Circuit Court of Greene County.1 Relator Patricia J. Shilling is Fugate’s…