Section 13.9 Control of Judicial Proceedings

• Library: App Ct Prac 2015 Supp

4. (§13.9) Control of Judicial Proceedings

In State ex rel. Old Dominion Freight Line, Inc. v. Dally, 369 S.W.3d 773 (Mo. App. S.D. 2012), the court issued a writ of mandamus to direct the entry of judgment in favor of the defendant when the plaintiff’s action was barred by the statute of limitations. This fell within the concept of control of judicial proceedings to avoid unnecessary and expensive litigation. Similarly, the Court in State ex rel. Holzum v. Schneider, 342 S.W.3d 313 (Mo. banc 2011), issued a writ of prohibition directing the dismissal of an action as barred by the statute of limitations. This illustrates that:

· the two writs frequently may serve the same purpose; and

· the underlying substantive issue is more...