Missouri Court of Appeals, Eastern District / Sep 12, 2023
State of Missouri Ex Rel. David Hutchinson, Relator, v. The Honorable Antonio M. Manansala, Associate Circuit Judge, Twenty-Third Judicial Circuit, Jefferson County, Respondent.
David Hutchinson, a tenant in an underlying action seeking to terminate his tenancy, filed a motion for change of judge which the associate circuit judge, Antonio M. Manansala, overruled as untimely. Hutchinson then sought a writ of prohibition, arguing his motion was timely filed. The appellate court agreed, holding that the motion was timely under § 517.061, RSMo, because it was filed more than five days before the final trial setting. Consequently, the court made the preliminary writ of prohibition permanent, finding the respondent judge lacked authority to proceed.