Section 14 No Adequate Remedy by Appeal

• Library: Remedies 2006

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, 87 S.W.3d 31 (Mo. App. W.D. 2002) (writ was denied because an order refusing to set aside a default judgment is appealable); Shelton v. Farr, 996 S.W.2d 541 (Mo. App. W.D. 1999) (cannot use an extraordinary writ to seek a review of a decision when the relator failed to take a timely appeal). This ground most often comes into play with...