Section 5 Lack of Adequate Remedy at Law by Way of Appeal
Library | Administrative Law 2011 |
Prohibition will be denied if an adequate remedy is provided
by appeal. State ex rel. Bugg v. Daniels, 274 S.W.3d 502, 504
(Mo. App. W.D. 2008); State ex rel. Baldwin v. Dandurand,
785 S.W.2d 547, 549 (Mo. banc 1990). “The fact that the remedy by appeal may be unsatisfactory or inconvenient alone will not invoke our discretion for the issuance of the extraordinary writ of prohibition.” State ex rel. Grimes v. Appelquist, 706 S.W.2d 526, 528 (Mo. App. S.D. 1986). “But though prohibition cannot be substituted for an appeal, the right of appeal must be a full and adequate remedy before its availability will preclude resort to prohibition.” State ex rel. Vogel v. Campbell, 505 S.W.2d 54, 58 (Mo. banc 1974). If a jurisdictional requirement for maintenance of a claim before an agency is not met, prohibition will lie to prevent unwarranted and expensive litigation, inconvenience, and waste of time. Mo. Pac. R.R. Co. v. Mo. Comm’n on Human Rights, 606 S.W.2d 496, 503 (Mo. App. W.D. 1980).
What constitutes adequate relief by way of appeal is left to
the discretion of the court. State ex rel. McCulloch v. Schiff,
852 S.W.2d 392, 394 (Mo. App. E.D. 1993). Prohibition has been denied when an agency renders a “final” decision that is “judicial or quasi-judicial and affect[s] private rights” subject to judicial review under the provisions set forth in §§ 536.100–536.140, RSMo 2000 and Supp. 2010, of the MoAPA (Missouri Administrative Procedure Act), Chapter 536, RSMo. See Brown v. Weir, 675 S.W.2d 135, 141–42 (Mo. App. E.D. 1984) (prohibition properly denied when the board of education’s order of dismissal of a teacher was a “decision” of “agency” in “contested case” and reviewable under the MoAPA); see also State ex rel. Jim Walter Plastics v. Sihnhold, 629 S.W.2d 668 (Mo. App. E.D. 1982) (petition for a writ of prohibition to restrain an ALJ from enforcing an order requiring the filing of a report of injury was quashed because the alleged error could be preserved and presented on appeal from the final judgment in a worker’s compensation claim).
While the Supreme Court of Missouri has expressed a strong reluctance to review interlocutory allegations of nonjurisdictional trial court error in prohibition actions, review by prohibition has been granted “from time to time in peculiarly limited situations” when absolute irreparable harm may occur to a litigant if relief
is not made available. State ex rel. Faith Hosp. v. Enright,
706 S.W.2d 852, 855 (Mo. banc 1986)...
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- Section 1 Introduction
- Section 2 Purpose of Writ of Prohibition
- Section 3 Criteria for Application of Writ of Prohibition
- Section 4 Agency Actions in Excess of or Without Jurisdiction
- Section 5 Lack of Adequate Remedy at Law by Way of Appeal
- Section 6 Limitations on Judicial Review of Administrative Action by Prohibition
- Section 7 Exhaustion of Administrative Remedies
- Section 8 Standing
- Section 9 Justiciable Controversy
- Section 10 Jurisdiction and Venue
- Section 11 Pleadings, Record, and Briefs
- Section 12 Judgment
- Section 13 Review of Judgment and Standard of Review
- Section 14 Purpose of Writ of Mandamus
- Section 15 Criteria for Application of Writ of Mandamus
- Section 16 Clear, Existing, Unconditional Legal Right in Relator
- Section 17 Corresponding, Present, Imperative, Unconditional Duty of Respondent to Perform Requested Act
- Section 18 No Adequate Alternative Remedy
- Section 19 Enforcement and Control of Administrative Action by Mandamus
- Section 20 Mandamus Unavailable to Control Exercise of Lawful Agency Discretion
- Section 21 Exhaustion of Administrative Remedies
- Section 22 Standing
- Section 23 Jurisdiction
- Section 24 Pleadings, Record, and Briefs
- Section 25 Review of Judgment and Standard of Review
- Section 26 Statutory Mandamus and Prohibition
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