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STATE EX REL. STANTON v. McGUIRE

No. 16846.

795 S.W.2d 99 (1990)

STATE of Missouri ex rel. Dixie STANTON, Relator, v. Honorable Thomas K. McGUIRE, Judge of the Circuit Court of Greene County, Missouri, Division Four, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

August 29, 1990.

Attorney(s) appearing for the Case

Devon F. Sherwood, Sherwood, Honecker & Bender, Springfield, for relator.

Dale L. Davis, Bussell, Hough, O'Neal, Crouch & Hall, Springfield, for respondent.

PARRISH, Presiding Judge.

This is an original action in prohibition. Relator filed a petition for writ of prohibition contending that the respondent circuit judge is without jurisdiction to proceed with a jury trial in a matter that originated in the probate division of the Circuit Court of Greene County. A preliminary order in prohibition was entered. Rule 97.04. For the reasons that follow, that preliminary order is quashed.

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