State ex rel. Saint Charles County v. Cunningham
2013 Mo. LEXIS 14
| Mo. | 2013Background
- Saint Charles County and Laclede Gas disputed who bears the cost to relocate gas lines due to a road project (2008).
- Circuit court granted summary judgment for County; appellate court reversed and remanded (2011).
- County sought voluntary dismissal under Rule 67.02 after remand; circuit court denied dismissal entry.
- County sought writ of prohibition asserting circuit court lacked jurisdiction to proceed following remand and voluntary dismissal attempts.
- This Court quashed the preliminary writ addressing whether the circuit court should have accepted dismissal and how remand operated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether remand was general or with directions, affecting dismissal rights | County argues remand was general, allowing dismissal | Laclede Gas argues remand directed conformity with mandate | Remand was general, but dismissal issues governed by Rule 67.02 pre-evidence |
| Whether Rule 67.02(a)(2) permits voluntary dismissal without court leave after remand | County relied on Rule 67.02(a)(2) to dismiss | Laclede Gas contends dismissal blocked after appellate proceedings | Rule 67.02(a)(2) applicability depends on timing; in this case dismissal was improper given evidence stage and prior rulings |
| Whether circuit court had jurisdiction to deny voluntary dismissal after remand | County asserts circuit court bound to accept dismissal | Laclede Gas contends court had power to deny to preserve finality and law-of-the-case | Circuit court did not err; writ quashed |
Key Cases Cited
- Guidry v. Charter Communications, Inc., 308 S.W.3d 765 (Mo.App. E.D.2010) (remand types distinction guidance for proceedings)
- Smith v. A.H. Robins Co., 702 S.W.2d 143 (Mo.App. W.D.1985) (summary judgment may constitute trial for Rule 67.02 purposes)
- Garrison v. Jones, 557 S.W.2d 247 (Mo. banc 1977) (pretrial dismissal rules; evidence timing matters)
- Fischer v. McKenzie, 754 S.W.2d 557 (Mo. banc 1988) (voluntary dismissals; jurisdictional impact of dismissal)
- Butcher v. Main, 426 S.W.2d 356 (Mo.1968) (remand and open issues framework)