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STATE EX REL. CUNNINGHAM v. WIGGINS

No. 26700.

156 S.W.3d 473 (2005)

STATE of Missouri ex rel. Linda CUNNINGHAM, Relator, v. The Honorable John D. WIGGINS, Judge, Division 2 Circuit Court of Phelps County, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

February 22, 2005.

Attorney(s) appearing for the Case

Lawrence R. Smith and Steven G. Kaufman of St. Louis, MO, for Relator.

No appearance for Respondent.

JEFFREY W. BATES, Chief Judge.

PRELIMINARY ORDER IN PROHIBITION MADE ABSOLUTE

Linda Cunningham ("Relator") seeks a writ of prohibition to prevent the Honorable John D. Wiggins ("Respondent") from proceeding any further with respect to the first count of a two-count petition filed against Relator by Eugene Hollis ("Hollis"). Relator contends Respondent must dismiss Count I of the petition because Hollis lacks standing to pursue the cause of action...

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