STATE EX REL. FISHER v. McKENZIE

No. 70038.

754 S.W.2d 557 (1988)

STATE ex rel. J. Cecil FISHER, Lena M. Fisher, Joe W. Fisher, and Sue Fisher, Relators, v. The Honorable Ronald R. McKENZIE, Judge of the Circuit Court of Monroe County, Respondent.

Supreme Court of Missouri, En Banc.

July 26, 1988.


Attorney(s) appearing for the Case

Jerome W. Seigfreid, Louis J. Leonatti, Ann P. Hagan, Paul A. Seigfreid, Mexico, for relators.

Thomas B. Alleman, Kansas City, Fairfax Jones, St. Louis, Edwin J. Carlton, Columbia, Marion Wasinger, Hannibal, for respondent.


ORIGINAL PROCEEDING IN PROHIBITION

HIGGINS, Judge.

The issue is whether the Circuit Court of Monroe County exceeded its jurisdiction by overruling plaintiffs' voluntary dismissal without prejudice, filed pursuant to Supreme Court Rule 67.01 before the introduction of evidence at trial. The trial court overruled plaintiffs' dismissal motion and retained jurisdiction in order to hear the parties' motions for sanctions and to permit the defendants to file a...

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