State ex rel. Kathleen Koetting, Relator, v. Honorable Larry L. Kendrick, Judge, Circuit Court, St. Louis County, Respondent.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion

Case Style: State ex rel. Kathleen Koetting, Relator, v. Honorable Larry L. Kendrick, Judge, Circuit Court, St. Louis County, Respondent. Case Number: 80119 Handdown Date: 12/23/1997 Appeal From: Original Proceeding in Prohibition Counsel for Appellant: Lawrence F. Hartstein Counsel for Respondent: F. Douglas O'Leary, Michael J. Pitzer, Ronald L. Rothman and Corey Berger Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: Opinion: On March 8, 1997, the respondent trial judge entered an order granting attorney Michael Pitzer's motion to set aside a stipulation for dismissal, granting leave to file an amended stipulation for dismissal, and reinstating plaintiff's original petition. Pitzer's motion to set aside the stipulation for dismissal was verified and contained a paragraph stating:

1. That Michael J. Pitzer is filing this matter in his name as he has now been advised by the attorney for

Paul Endsley that he has no authority to act for Plaintiff, Paul Endsley, to set aside the dismissal, and, in fact, is being sued for malpractice by Plaintiff, Paul Endsley, on the basis that Paul Endsley cannot proceed further with the claim of Paul Endsley against Kathleen Koetting herein. Because Pitzer represents that he has no authority to act on behalf of plaintiff, Paul Endsley, regardless of the merits of the attempted action, we make our preliminary order in prohibition, entered August 19, 1997, absolute. All concur. Separate Opinion:

None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.