STATE EX REL. PHILLIPS v. LEPAGE

No. 24391.

67 S.W.3d 690 (2002)

STATE of Missouri ex rel. Randall PHILLIPS, Relator, v. The Honorable John LePAGE, Associate Circuit Judge of the 40th Judicial Circuit, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

January 31, 2002.


Attorney(s) appearing for the Case

Edward J. Hershewe, Hershewe & Gulick, P.C., Joplin, MO, for Relator.

Robert M. Palmer, of the Law Offices of Robert M. Palmer, P.C., Springfield, MO, Attorney for Respondent.


JAMES K. PREWITT, Judge.

This is an original proceeding in prohibition. Randall Phillips ("Relator") filed a petition for writ of prohibition contending that the Honorable John LePage ("Respondent") was without jurisdiction to deny Relator's demand for a jury trial on Relator's wrongful death claim within an interpleader action. Under Missouri Court Rule 97.04 (2000), we issued a preliminary order in prohibition. For the...

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