(Download) "State Missouri Ex Rel. Power Process" by Eastern District, Division 3 Missouri Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri Ex Rel. Power Process
- Author : Eastern District, Division 3 Missouri Court of Appeals
- Release Date : January 27, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Preliminary writs of mandamus were granted in these cases in order to consider the question of whether relators have an unconditional right to intervene with non-lien breach of contract claims in a mechanics lien suit pending before respondent Judge. We have consolidated the two writs for purposes of this opinion because they raise the same legal issue. Relators claim unconditional right to intervene on the authority of Rule 52.12(a) and § 429.290 and .300, RSMo. 1978 and rely upon two en banc decisions of our Supreme Court, State ex rel. Clayton Greens Nursing Center, Inc. v. Marsh, 634 S.W.2d 462 (Mo.Banc 1982) and State ex rel. Great Lakes S t eel Corp. v. Sartorius, 249 S.W.2d 853 (Mo.banc 1952). Respondent Judge denied relators' separate motions to intervene in a pending equitable mechanics lien suit, Kolb Grading v. General Motors Development Corporation, et al., since movants do not assert mechanics liens claims. In the same order respondent provided, order is not to be construed as limiting or restraining movants from asserting in any proper forum such causes of action as they may have.