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BREAZEALE v. KEMNA

No. WD 46212.

854 S.W.2d 631 (1993)

Walter BREAZEALE, Appellant, v. Mike KEMNA, et al., Respondents.

Missouri Court of Appeals, Western District.

June 1, 1993.

Attorney(s) appearing for the Case

Walter Breazeale, pro se.

John R. Shank, Jr., Kevin L. Walden, Gunn, Shank & Stover, P.C., Kansas City, for respondents.

Before FENNER, P.J., and ULRICH and SPINDEN, JJ.

PER CURIAM:

This appeal concerns the dismissal of a civil action without granting a pending application for change of judge pursuant to Rule 51.05. Whether Walter Breazeale's application for change of judge was timely filed is the dispositive issue. Finding that application to have been timely filed, this court reverses the judgment of dismissal and remands the cause with directions.

Walter Breazeale, an inmate, filed a petition to recover damages against...

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