STATE EX REL. ECKELKAMP v. MASON

No. ED 94859.

314 S.W.3d 393 (2010)

STATE of Missouri ex rel. Carol ECKELKAMP, et al., Relators, v. The Honorable David C. MASON, Respondent.

Missouri Court of Appeals, Eastern District, Writ Division Five.

June 22, 2010.


Attorney(s) appearing for the Case

Ronnie L. White and Thoms E. Schwartz, Saint Louis, MO, for Plaintiff, Denise Heimann.

Stephen H. Ringkamp and Theresa A. Appelbaum, Saint Louis, MO, for Plaintiff/Relators, Carol Eckelkamp, Conservator of the Estates of Mitchell Heimann and Melanie Heimann, minors, and Louis and Mary Heimann.

David C. Mason, Saint Louis, MO, Respondent.

Thomas E. Jones and Harlan A. Harla, Belleville, IL, for Defendant, Burlington Northern Santa Fe Railway.


OPINION

GLENN A. NORTON, Presiding Judge.

Relators, Louis Heimann, Mary Heimann, and Carol Eckelkamp as Conservator of the Estates of Mitchell and Melanie Heimann, seek a writ of prohibition, or alternatively, a writ of mandamus, disqualifying Respondent, the Honorable David C. Mason, from proceeding as trial judge on remand after appeal. We grant the writ of prohibition.

I. BACKGROUND

Plaintiffs ("Relators") filed a wrongful death...

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