Supreme Court of Missouri / Jan 29, 2019
State ex rel. HeplerBroom, LLC, and Glenn E. Davis, Relators, vs. The Honorable Joan L. Moriarty, Respondent.
Relators HeplerBroom, LLC, and Glenn E. Davis sought a writ of prohibition to compel the circuit court to transfer a legal malpractice action from St. Louis City to St. Charles County. The circuit court ruled on the relators' motion to transfer several months beyond the 90-day period mandated by Section 508.010.10, RSMo, without a written waiver from the parties. The Missouri Supreme Court held that the circuit court exceeded its authority by ruling after the statutory deadline, as the motion was deemed granted by operation of law. The preliminary writ of prohibition was made permanent, ordering the transfer of the case.