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Civil Practice: Change Of Judge – Timeliness – Motion To Dismiss
Stephanie Maniscalco//August 2, 2012
Civil Practice: Change Of Judge – Timeliness – Motion To Dismiss
Stephanie Maniscalco//August 2, 2012
Where a plaintiff, who alleged that a parole board failed to timely grant him an eligibility hearing, filed a motion for a change of judge within 60 days of service of process, and the board’s motion to dismiss was not under submission when the change-of-judge motion was filed, the motion court did not have the authority to grant the motion to dismiss and the court must grant the timely motion to change judge.
Judgment is reversed and remanded.
Charron v. Missouri Board of Probation and Parole, et al. (MLW No. 63982/Case No. WD74844 – 5 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Cole County, Green, J. (Chris Koster and Michael Spillane, Jefferson City, for respondents) (Kenneth Charron, pro se).
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