STATE EX REL. TRI-CITY CONST. CO. v. MARSH

No. WD 35126.

668 S.W.2d 148 (1984)

1STATE ex rel. TRI-CITY CONSTRUCTION COMPANY, Relator, v. The Honorable William J. MARSH, Judge of Division 1 of the Circuit Court of Jackson County, Missouri, Respondent.

Missouri Court of Appeals, Western District.

March 6, 1984.


Attorney(s) appearing for the Case

Harold L. Fridkin, Richard D. Rhyne, Jeffrey D. Fridkin, Linde, Thomson, Fairchild, Langworthy, Kohn & Van Dyke, Kansas City, for relator.

Paden, Welch, Martin, Albano & Graeff, P.C., Michael W. Manners, Independence, for respondent.

Before NUGENT, P.J., and DIXON and KENNEDY, JJ.


DIXON, Judge.

Relator Tri-City Construction Co. (Tri-City) brought this original proceeding in mandamus to compel respondent Judge Marsh to proceed to a final determination on a petition to confirm an arbitrator's award.

The respondent judge dismissed the petition sua sponte on the ground that the court lacked subject matter jurisdiction over the arbitrator's award.

This court issued its Preliminary Order in Mandamus. The dispositive issue in...

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