State ex rel. Sharp v. Romines

STATE ex rel. Douglas SHARP, Relators v. Honorable Kenneth M. ROMINES, Judge, Circuit Court of St. Louis County, Missouri, Div. 10

State ex rel. Sharp v. Romines, 984 S.W.2d 500 (Mo. 1999)

Court: Supreme Court of Missouri · State Highest Courts
Decided: February 9, 1999
Docket: No. 81020
Judges: Barney, Benton, Covington, Holstein, Karohl, Limbaugh, Price, White, Wolff
Citations: 984 S.W.2d 5001999 Mo. LEXIS 41999 WL 62753

Cited by 3 1 descriptions by later courts

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

Relators filed a class action in the Circuit Court of St. Louis County. The petition asserts that the University of Missouri has charged tuition in violation of section 172.360, RSMo. A declaratory judgment, injunctive relief and refunds are the relief sought. The University of Missouri filed a motion asserting venue was improper in the city of St. Louis. The respondent judge found that venue was proper in St. Louis County but that St. Louis County was not a convenient forum for the suit. He, therefore, ordered the case transferred to Boone County. Rela-tors seek a writ from this Court prohibiting the transfer of this case to Boone County.

Missouri’s venue statutes do not permit an intrastate application of the doctrine of inconvenient forum. Anglim v. Missouri Pacific R. Co., 832 S.W.2d 298, 302 (Mo. banc 1992). “The statutory designation of proper venue as the site where the cause of action accrued presupposes legislative determination that it cannot be overly inconvenient for a defendant to appear in that location.” Willman v. McMillen, 779 S.W.2d 583, 586 (Mo. banc 1989). Having found that the defendant in the underlying cause is subject to venue in St. Louis County, the respondent was not permitted to order the case transferred to another county on the basis of forum non conveniens.

*501 The preliminary order in prohibition is made permanent.

BENTON, C.J., and LIMBAUGH, COVINGTON, WHITE and WOLFF, JJ., and BARNEY and KAROHL, Special Judges, concur. PRICE and HOLSTEIN, JJ., not participating.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(“Missouri’s venue statutes do not permit an intrastate application of the doctrine of inconvenient forum.”)

State of Mo., Ex Rel., Palmer Neville, James W. Neville, Jr. , & Jennifer Neville v. The Honorable Jack R. Grate, 443 S.W.3d 688 (Mo. Ct. App. 2014)

Cited by 3 cases

View all citing references →

Relies on it most ⓘ

State ex rel. Heartland Title Services, Inc. v. The Honorable Kevin D. Harrell500 S.W.3d 239 (Mo. 2016)
State ex rel. Palmer ex rel. Palmer v. Goeke8 S.W.3d 193 (Mo. Ct. App. 1999)
State of Missouri, Ex Rel., Palmer Neville, James W. Neville, Jr. , and Jennifer Neville v. The Honorable Jack R. Grate443 S.W.3d 688 (Mo. Ct. App. 2014)

Most recent

State ex rel. Heartland Title Services, Inc. v. The Honorable Kevin D. Harrell500 S.W.3d 239 (Mo. 2016)
State of Missouri, Ex Rel., Palmer Neville, James W. Neville, Jr. , and Jennifer Neville v. The Honorable Jack R. Grate443 S.W.3d 688 (Mo. Ct. App. 2014)
State ex rel. Palmer ex rel. Palmer v. Goeke8 S.W.3d 193 (Mo. Ct. App. 1999)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

Depth	Case	Cited by
	Anglim v. Mo. Pac. R.R., 832 S.W.2d 298 (Mo. 1992)	135
	Willman v. McMillen, 779 S.W.2d 583 (Mo. 1989)	21

`/`	Focus the search box
`j` `k`	Next / previous result
`Enter`	Open the selected result
`x`	Add / remove the selected result from the download list
`n` `p`	Next / previous search term in a case
`c`	Copy the citation of the current case
`+` `−`	Larger / smaller reading text
`?`	Show this list