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STATE EX REL. BLACKWELL v. ELROD

No. 42635.

604 S.W.2d 768 (1980)

STATE of Missouri ex rel. Robert J. BLACKWELL, Relator, v. The Honorable Donald ELROD, Associate Circuit Judge, 24th Judicial Circuit, Probate and Associate Circuit Court Division, Madison County, Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

August 19, 1980.

Attorney(s) appearing for the Case

Robert J. Blackwell, Mayhugh, Harris & Blackwell, Flat River, for relator.

William E. Roussin, Gartenberg & Roussin, P. C., Clayton, for respondent.

REINHARD, Judge.

This is an original proceeding in prohibition wherein relator seeks to prohibit respondent-judge from proceeding with an appeal from the Associate Division of the Circuit Court of St. Francois County, Missouri.

In November of 1978, relator, Robert Blackwell, filed the underlying suit in the Magistrate Court of St. Francois County seeking to recover attorney's fees from Stanley and Patricia Jones. The case was tried without a jury before the...

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