Missouri Court of Appeals, Eastern District / Sep 19, 2023
State of Missouri ex rel. Melissa Hogg, Relator, v. The Honorable Wendy Wexler Horn, Judge of the Twenty-Fourth Judicial Circuit, St. Francois County, Div. 1, Respondent.
Melissa Hogg (Relator) sought a writ of prohibition to prevent the circuit court from joining her mother as a defendant in Hogg's underlying lawsuit against Charles Haynes for deviant child sodomy. The circuit court had sustained Haynes's motion to join Mother as a necessary and indispensable third party under Rule 52.04(a). The appellate court made its preliminary writ of prohibition permanent, finding that the circuit court abused its discretion because Mother was not a necessary party under Rule 52.04(a).