Bartlett v. Missouri Department of Insurance
Annotate this CaseTwo former employees of the Missouri Department of Insurance (collectively, Employees) filed a petition in Jackson County circuit court requesting a writ of mandamus directing the Department and its director (collectively, Respondents) to pay Employees for lost wages and pensions. After an inquiry by the circuit court’s administrator, Employees instructed that the case be handled as a regular Jackson County case and not as a writ. In compliance with Employees’ instructions, summonses for a civil case were issued by the circuit court and served. The parties eventually filed competing motions for summary judgment. More than three years after the initial filing, the circuit court sustained Respondents’ motion for summary judgment, concluding that Employees failed to establish a basis for mandamus. The Supreme Court dismissed Employees’ appeal, holding that because the circuit court never granted a preliminary writ, the denial of mandamus relief was not subject to appeal.
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