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STATE EX REL. UPTERGROVE v. RUSSELL

No. WD 48271.

871 S.W.2d 27 (1993)

STATE of Missouri, ex rel. James UPTERGROVE, personal representative for Georgia Uptergrove, deceased, Relator, v. The Honorable David W. RUSSELL, Judge, Division 2, Circuit Court of Clay County, MO and The Honorable Charles H. Sloan, Presiding Judge, Circuit Court of Ray County, MO, Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied February 1, 1994.

Application to Transfer Denied March 22, 1994.

Attorney(s) appearing for the Case

Timothy H. Bosler, Kansas City, for relator.

Carl J. Lumley, Clayton, for respondents.

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

Motion for Rehearing and/or Transfer to Supreme Court Denied February 1, 1994.

SMART, Judge.

This proceeding involves the contention of a party defendant that an objection to venue, raised for the first time by defendant after defendant has filed a responsive pleading and commenced discovery, may "relate back" to the date of the answer under Rule 55.33(c), so as to preserve the objection to venue.

In October, 1991, Georgia Uptergrove filed a personal...

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