Section 25 Review of Judgment and Standard of Review

• Library: Administrative 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 alsoBrown 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...