330 S.W.3d 512
Mo. Ct. App.2010Background
- Plaintiff Joshi retained defendants Ries and SPvG in 1996 to represent him at a preliminary hearing on staff privileges at St. Luke's Hospital.
- In 1999, Plaintiff sued St. Luke's defendants; the court granted summary judgment based on immunity under the Health Care Quality and Improvement Act; that judgment was affirmed on appeal.
- In 2005 Plaintiff filed legal malpractice claims against Ries and SPvG in St. Louis city; case was dismissed without prejudice in 2008 after discovery disputes.
- Plaintiff refiled the malpractice action in 2008; he filed a Rule 51.05 change of judge request on September 8, 2008 and again on October 7, 2008; defendants moved to transfer venue to St. Louis County.
- Judge Dowd denied the change of judge but transferred venue to St. Louis County; subsequently, Defendants moved for summary judgment arguing statutes of limitations barred the claim.
- The trial court ultimately granted summary judgment and Plaintiff appealed; the appellate court reversed and remanded for grant of change of judge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying a timely change of judge | Joshi asserts Rule 51.05 requires grant of change of judge upon timely filing. | Ries/SPvG contend Dowd acted ministerially in transferring venue and no automatic change should be allowed. | Rule 51.05 requires grant; error to deny change of judge. |
| Whether the court lacked authority to proceed after a timely change-of-judge request | Change of judge should halt other proceedings and trigger transfer. | Venue transfer can occur while a change-of-judge request is pending. | Court had no authority to proceed beyond granting the change of judge; must remand. |
| Whether the proper remedy was to remand to grant change of judge rather than decide on merits | If improper ruling occurred, remedy is to grant change and retransfer if needed. | Merits timeline and summary judgment issues may be addressed after transfer. | Remand with directions to grant change of judge. |
Key Cases Cited
- State ex rel. Walters v. Schaeperkoetter, 22 S.W.3d 740 (Mo. App. E.D. 2000) (liberal approach to change of judge; timely filing deprives court of authority beyond grant)
- State ex rel. Stubblefield v. Bader, 66 S.W.3d 741 (Mo. banc 2002) (change of judge is a keystone; liberal interpretation)
- State ex rel. Manion v. Elliott, 305 S.W.3d 462 (Mo. banc 2010) (timely change-of-judge precludes further court action except grant)
- State ex rel. Cohen v. Riley, 994 S.W.2d 546 (Mo. banc 1999) (change of judge rules apply regardless of other procedural steps)
- State v. Rulo, 173 S.W.3d 649 (Mo. App. E.D. 2005) (judge's authority to decide venue vs. ministerial duties; discretion involved)
- Schaeperkoetter, 22 S.W.3d 741 (Mo. App. E.D. 2002) (presiding judge's administrative control limited by Rule 51.05)
- State ex rel. Stickelber v. Nixon, 54 S.W.3d 219 (Mo. App. W.D. 2001) (distinguishes ministerial vs judicial acts for designation of trial judge)