Section 13.14 No Adequate Remedy by Appeal

• Library: App Ct Prac 2015 Supp

E. (§13.14) No Adequate Remedy by Appeal

A little used, but still available, ground for issuance of a writ of prohibition requires a showing that the relator has no adequate remedy by appeal. Generally, this is always a requirement for the issuance of any writ because, if the relator can effectively appeal the case, there is no need for extraordinary relief. See, e.g., State ex rel. Westmoreland v. O’Bannon, No. WD 61279, 2002 WL 31367853 (Mo. App. W.D. Oct. 22, 2002) (writ denied because order refusing to set aside default judgment is appealable); Shelton v. Farr, 996 S.W.2d 541 (Mo. App. W.D. 1999) (cannot use extraordinary writ to seek review of decision when relator failed to take timely appeal). This ground most often comes into play with regard to interlocutory orders that, while they cannot fairly be...