Section 25 Review of Judgment and Standard of Review

LibraryAdministrative Law 2011

When the trial court pronounces its judgment on the questions of
law and fact in the mandamus proceeding and awards or refuses
a peremptory mandamus, the court’s judgment is appealable. State
ex rel. Kessler v. Shay
, 820 S.W.2d 311, 313–14 (Mo. App. W.D. 1991). Denial of a preliminary writ of mandamus on procedural grounds is not appealable because it is not a final judgment on the merits. State ex rel. Conway v. Villa, 847 S.W.2d 881, 888 (Mo. App. E.D. 1993).
A denial of a writ of mandamus is not appealable unless a decision has been made on the merits. Owsley v. Nixon, 207 S.W.3d 722
(Mo. App. W.D. 2006); see also Brown v. City of Overland, 98 S.W.3d 84, 85 (Mo. App. E.D. 2003); State ex rel. Am. Eagle Waste Indus. v. St. Louis County, 272 S.W.3d 336, 339 (Mo. App. E.D. 2008). A writ of mandamus is not a proper vehicle by which a relator can obtain...

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