Section 13 Review of Judgment and Standard of Review

• Library: Administrative Law 2011

A final judgment in prohibition issued by a circuit court is reviewable by appeal as any other civil action under the Rules of Civil Procedure. Rule 97.01. An important limitation to appealability is when the petition for prohibition is dismissed after a preliminary order has been issued based on the court’s determination that it lacks jurisdiction to issue the preliminary writ. No appeal lies from the dismissal of a writ proceeding after issuance of a preliminary writ when the dismissal is based on a determination of lack of jurisdiction to issue the provisional writ. Merrell v. Dir. of Revenue, State of Mo., 82 S.W.3d 227, 230 (Mo. App. W.D. 2002); State ex rel. Stoecker v. Dir. of Revenue, 734 S.W.2d 263, 266 (Mo. App. E.D. 1987). This is because the court has not decided...