STATE EX REL O'BASUYI v. VINCENT

No. SC93652.

434 S.W.3d 517 (2014)

STATE ex rel Patrick J. O'BASUYI, Relator, v. The Honorable David Lee VINCENT, III, Respondent.

Supreme Court of Missouri.

June 24, 2014.


Attorney(s) appearing for the Case

Steven W. Koslovsky , Steve Koslovsky LLC, St. Louis, for Relator.

R. Thomas Avery , Robert D. Blitz , Jason K. Turk , Blitz, Bardgett & Deutsch LC, St. Louis, for TriStar.

En Banc.


LAURA DENVIR STITH, Judge.

Relator Patrick O'Basuyi, the plaintiff in the action below, seeks a writ of prohibition preventing the trial court from simultaneously trying to a jury both his own claims for breach of contract, quantum meruit and fraud, and the defendants' counterclaim alleging he is maliciously prosecuting these three claims. This Court issued a preliminary writ of prohibition, which it now makes permanent.

The trial court abused its discretion...

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