State ex rel. Kansas City Southern Railway Co. v. David
This text of 105 S.W.3d 517 (State ex rel. Kansas City Southern Railway Co. v. David) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Relators, The Kansas City Southern Rahway Company and Gateway Western Railway Company (“Relators”), filed a petition for a writ of prohibition directing Respondent to transfer venue of the underlying case, Cause No. 022-00148, to Saline County, Missouri. After reviewing the suggestions filed in support and in opposition, we issued our preliminary writ directing Respondent to file his answer to the petition on or before April 11, 2003, stating that a failure to do so would result in a judgment by default against him for the relief demanded in the petition. The preliminary order further directed Respondent to take no action in the underlying matter until further notice.
Respondent did not file an answer to the petition on or before April 11, 2003. Accordingly, we find Respondent to be in default and enter judgment making permanent the preliminary order in prohibition. State ex rel Hayes v. Forder, 973 S.W.2d 555, 556 (Mo.App.1998).1 Respondent is directed to transfer Cause No. 022-00148 to the Circuit Court of Saline County-
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Cite This Page — Counsel Stack
105 S.W.3d 517, 2003 Mo. App. LEXIS 654, 2003 WL 21005209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-kansas-city-southern-railway-co-v-david-moctapp-2003.