NICHOLS v. McCARTHY

No. ED 109897.

638 S.W.3d 902 (2021)

Cordell NICHOLS, Jr., Appellant, v. Thomas MCCARTHY, Respondent.

Missouri Court of Appeals, Eastern District, DIVISION THREE.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 18, 2022.

Application for Transfer Denied March 1, 2022.


Attorney(s) appearing for the Case

Matthew G. Mueller , 3407 South Jefferson Avenue, St. Louis, Mo. 63118, for appellant.

James Simeri , P.O. Box 861, St. Louis, Mo. 63188, for respondent.


The petitioner, Cordell Nichols, Jr., appeals the judgment entered by the Circuit Court of the City of St. Louis in favor of the respondent, Judge Thomas McCarthy, in this declaratory judgment action. Nichols sought a declaration that Missouri Supreme Court Rule 33.01(c) requires the circuit court to consider a defendant's...

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