Missouri Court of Appeals, Southern District / Date unavailable
STATE OF MISSOURI ex rel. VIVA ROBERTS, Relator v. THE HONORABLE JOSEPH HENSLEY, Respondent
Relator Viva Roberts filed a personal injury lawsuit in Jasper County, Missouri, which the trial court transferred to Howell County due to improper venue. Roberts sought a writ of mandamus, arguing the defendant's motion to transfer venue was untimely under Rule 51.045 because it was filed more than 60 days after the initial or first amended petition. The appellate court quashed the preliminary writ of mandamus, holding that the filing of a second amended petition, which abandoned prior pleadings, reset the 60-day clock for the defendant to file its motion to transfer venue, making the motion timely.