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STATE EX REL. SWEET v. SMITH

No. WD 34962.

659 S.W.2d 578 (1983)

STATE of Missouri ex rel. Eleanor S. SWEET and Jack Sweet, Relators, v. Honorable Laurence R. SMITH, Judge of Division Twelve of the Circuit Court of Jackson County, Sixteenth Judicial Circuit, Respondent.

Missouri Court of Appeals, Western District.

October 11, 1983.

Attorney(s) appearing for the Case

Michael W. Manners, Independence, for relators.

Thomas A. Sweeny, Stephen J. Moore, Kansas City, for respondent.

Before PRITCHARD, P.J., and MANFORD and LOWENSTEIN, JJ.

LOWENSTEIN, Judge.

This is an original proceeding in prohibition. The sole issue applicable to making this court's preliminary order absolute is whether Rule 81.07(a)1 gives a circuit judge authority to allow a trial de novo where an application for same is untimely filed under Section 512.190 RSMo.2 following judgment by an associate circuit judge. This question is answered in the negative and the order issued...

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