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STATE EX REL. BRANDON v. DOLAN

No. 23979.

46 S.W.3d 94 (2001)

STATE of Missouri ex rel. Billy J. BRANDON, Relator, v. The Honorable David A. DOLAN, Judge of the Circuit Court of Scott County, Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied May 11, 2001.

Application for Transfer Denied June 26, 2001.

Attorney(s) appearing for the Case

Gerard T. Noce, Adrian P. Sulser, Kevin F. Hormuth, Noce & Buckley, L.L.C., St. Louis, for Relator.

Joseph C. Blanton, Jr., Bryan E. Nickell, Blanton, Rice, Sidwell & Nickell, L.L.C., Sikeston, for Respondent.

Motion for Rehearing or to Transfer to Supreme Court Denied May 11, 2001.

MONTGOMERY, Judge.

In this original proceeding in prohibition, Billy J. Brandon (Relator) seeks to prohibit the Honorable David A. Dolan (Respondent) from exercising further jurisdiction over the underlying action for wrongful death. The issue arose after Respondent overruled Relator's motion to dismiss the action as time-barred under the three-year limitation period in § 537.100...

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