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STATE EX REL. MORGAN v. COLYER

No. 28551.

245 S.W.3d 244 (2008)

STATE of Missouri, ex rel., Leslie L. MORGAN and Patricia M. Morgan, Relators, v. Honorable Bruce COLYER, Probate Judge of the Circuit Court of Camden County, Missouri, Twenty-Sixth Judicial Circuit, Respondent.

Missouri Court of Appeals, Southern District, Division One.

January 18, 2008.

Attorney(s) appearing for the Case

Roger M. Gibbons, Osage Beach, for Relators.

David T. Welch, Phillips, McElyea, Carpenter & Welch, P.C., Camdenton, for Respondent.

DANIEL E. SCOTT, Judge.

We previously issued a preliminary writ of prohibition, which we now make absolute.1

Procedural Background

Plaintiffs Jean Tessier and Robert Bryan, co-personal representatives of the Estate of Margaret E. Johnston, filed against Relators a petition for discovery of assets. After Relators' attorney was elected full-time county prosecutor in late 2006, Respondent allowed him to withdraw and set...

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