Section 13.15 Prevention of Useless and Unwarranted Litigation

• Library: App Ct Prac 2015 Supp

F. (§13.15) Prevention of Useless and Unwarranted Litigation

The final category—when the claim in the trial court is clearly barred and the issuing court acts to prevent useless and unwarranted litigation—is almost as rarely invoked. The basis for granting prohibition on this ground finds its clearest application when the defendant is entitled to immunity from suit. See, e.g., State ex rel. New Liberty Hosp. Dist. v. Pratt, 687 S.W.2d 184, 187 (Mo. banc 1985); State ex rel. Twiehaus v. Adolf, 706 S.W.2d 443, 444 (Mo. banc 1986); State v. Godfrey, 883 S.W.2d 550 (Mo. App. E.D. 1994). Immunity from suit means that the defendant should not be required “to wait through a trial and appeal to enforce that protection.” Id. at 551. Accordingly, persons or entities that are immune from suit can obtain a writ of prohibition “to forbear patently unwarranted and expensive litigation, inconvenience and waste of time and talent.” State ex rel....