State ex rel. Phillips v. Lepage

• Decision Date: 31 January 2002
• Docket Number: No. 24391.,24391.
• Citation: State ex rel. Phillips v. Lepage, 67 S.W.3d 690 (Mo. App. 2002)
• Parties: STATE of Missouri ex rel. Randall PHILLIPS, Relator, v. The Honorable John LePAGE, Associate Circuit Judge of the 40th Judicial Circuit, Respondent.
• Court: Missouri Court of Appeals

67 S.W.3d 690

STATE of Missouri ex rel. Randall PHILLIPS, Relator, v.The Honorable John LePAGE, Associate Circuit Judge of the 40th Judicial Circuit, Respondent.

No. 24391.

Missouri Court of Appeals, Southern District, Division Two.

January 31, 2002.

Edward J. Hershewe, Hershewe & Gulick, P.C., Joplin, MO, for Relator.

Robert M. Palmer, of the Law Offices of Robert M. Palmer, P.C., Springfield, MO, Attorney for Respondent.

JAMES K. PREWITT, Judge.

This is an original proceeding in prohibition.Randall Phillips("Relator") filed a petition for writ of prohibition contending that the Honorable John LePage("Respondent") was without jurisdiction to deny Relator's demand for a jury trial on Relator's wrongful death claim within an interpleader action.Under Missouri Court Rule 97.04(2000), we issued a preliminary order in prohibition.For the reasons outlined below, we quash the preliminary order.Respondent's order denying Relator's demand for a jury trial on the wrongful death claim within the interpleader action was not in error.

On April 23, 2000, a collision occurred in McDonald County, Missouri.According to the Missouri State Highway Patrol Accident Reconstruction Report, a pickup driven by Alice Doyle crossed the center line, sideswiped a vehicle driven by Donald Robertson, and continued traveling north in the southbound lane where it collided nearly head-on with a vehicle driven by Curtis Dyer.Mr. Robertson and his wife received minor injuries; Mr. Dyer and Samantha Phillips, one of the children in Dyer's car, were critically injured; Ms. Doyle, Mrs. Dyer, and three children in the Dyer vehicle, including Austin Phillips, were killed.Relator is the natural father of Samantha and Austin Phillips.

On August 1, 2000, Relator filed suit against Tom Mann, the defendant ad litem of Alice Doyle, and Curtis Dyer alleging Ms. Doyle and Mr. Dyer each were negligent and "failed to operate [their] vehicle[s] in a careful and prudent manner."With respect to Dyer, Relator alleged that Dyer failed to keep Austin and Samantha fastened in their seatbelts and had time to take action to avoid the collision, but failed to do so.Further, Relator alleged that Austin's death and Samantha's injuries were a "direct and proximate result of the ... negligence, carelessness and recklessness of Alice Doyle and Curtis Dyer" and that Relator suffered injuries and damages as well.

On September 13, 2000, Allstate Insurance Company("Allstate") filed a petition in interpleader, which lists numerous defendants, including Relator, Dyer, the Robertsons, Carl and Mildred Nelson(Samantha Phillips' guardians), Westco Inc., St. John's Hospital, and Elk River Ambulance, Inc. Allstate provided insurance for Ms. Doyle, with policy limits of $100,000 liability coverage for each person and $300,000 for each occurrence.According to the petition, Allstate faced multiple claims that exceeded the policy limits and "is or may be exposed to double or multiple liability for the multiple claims which have or may be asserted."These claims included Relator's claims for the death of his son Austin Phillips and claims for damages or personal injuries on behalf of Samantha Phillips.By the petition, Allstate agreed to pay the entire $300,000 into the court"upon the [c]ourt's entry of an Order both discharging Allstate from all liability to make further payments under the said ... policy ... and requiring defendants to interplead between themselves their rights to the funds being deposited with the [c]ourt."Allstate furthered asked the court to "[a]djudge and apportion the amount to which each defendant is entitled and the amount to be paid to each defendant from the funds deposited."The motion for interpleader was sustained on December 5, 2000; Allstate was directed to pay the $300,000 to the court and was discharged from any further liability.

Originally an unlisted defendant in the interpleader action, the Missouri Department of Social Services, Division of Medical Services("Department"), filed an answer to the petition in interpleader, counterclaim and cross-claims on March 2, 2001.The Department claimed it had expended nearly $7,000 in medical assistance on behalf of Austin Phillips and nearly $40,000 on behalf of Samantha Phillips.One of the Department's crossclaims was against Relator in which the Department asserted its statutory right under § 208.215 .6, RSMoSupp.1999, to receive the nearly $7,000 from any and all proceeds for which Allstate is liable to pay Relator under his wrongful death claim.The Department's other cross-claim was against the Nelsons as guardians of Samantha Phillips.

Relator filed a demand for jury trial on June 25, 2001, and suggestions in support of demand for jury trial on July 2, 2001.Respondent denied Relator's demand for a jury trial on July 11, 2001.On July 30, 2001, Relator filed a petition in prohibition and mandamus with this Court.Relator argued that Respondent's order denying Relator's demand for a jury trial violated Relator's rights under the Missouri Constitution and that Respondent lacked jurisdiction to enter such an order.Relator asked this Court to issue a writ of prohibition forbidding Respondent from enforcing the order and from conducting a bench trial and acting as finder of fact in the trial of Relator's wrongful death claim within the interpleader action.Relator also asked this Court to issue a writ of mandamus directing the trial court to vacate its order and mandating that the trial court impanel a jury to act as finder of fact on the wrongful death claim within the interpleader action.

We issued a preliminary order in prohibition on August 21, 2001, under which Respondent was directed not to proceed with the trial of the interpleader action until further order from this Court.On September 4, 2001, Respondent filed an answer to petition in prohibition and mandamus.

"The remedy afforded by the writ of prohibition shall be granted to prevent usurpation of judicial power."§ 530.010, RSMoSupp.1999.The intention is not for a writ to serve as "`a remedy for all legal difficulties nor ... as a substitute for appeal.'"State ex rel. Tolbert v. Sweeney,828 S.W.2d 929, 930(Mo.App.1992)(quotingState ex rel. Eggers v. Enright,609 S.W.2d 381, 382(Mo. banc 1980)).It is an extraordinary remedy that should lie "only in cases of extreme necessity."State ex rel. Lester E. Cox Med. Ctr. v. Wieland,985 S.W.2d 924, 926(Mo.App.1999).The primary function of prohibition is to limit judicial activities to those within bounds of "authority, preventing actions in want or in excess of the court's jurisdiction."Tolbert,828 S.W.2d at 930(quotingEggers,609 S.W.2d at 382).

Appellate courts issue such writs in their discretion and only when the trial court has acted arbitrarily or unjustly.SeeState ex rel. Soete v. Weinstock,916 S.W.2d 861, 863(Mo.App.1996);see alsoState ex rel. Bates v. Rea,922 S.W.2d 430, 431(Mo.App.1996).If Respondent has inappropriately denied Relator's demand for a jury trial, then the trial court has acted arbitrarily, unjustly, and outside of its jurisdiction, which would render prohibition a suitable remedy.SeeTolbert,828 S.W.2d at 930.It is Relator's burden to demonstrate for this Court that Respondent has usurped the trial court's jurisdiction.Seeid.

Relator made a demand for a jury trial within an interpleader action in which he is one of the numerous defendants.Allstate brought an action in interpleader because it was "faced with conflicting and competing claims regarding disbursement of [a] fund" consisting of the policy limits of the insurance coverage it had on Ms. Doyle.Amwest Sur. Ins. Co. v. Stamatiou,996 S.W.2d 708, 711(Mo.App.1999)(quotingCmty. Title Co. of St. Louis v. Lieberman Mgmt. Co.,817 S.W.2d 255, 258(Mo.App.1991)).Allstate, as the stakeholder of the fund, sought the remedy of interpleader "based on the theory that conflicting claimants should litigate the matter among themselves without involving the stakeholder in their dispute and that the [stakeholder] may completely `buy his peace' and be discharged from further liability by paying the money claimed into court."Amwest Sur. Ins. Co.,996 S.W.2d at 711-12.

There are two parts to an interpleader action.SeePhiladelphia Life Ins. Co. v. Moffat,783 S.W.2d 133, 135(Mo. App.1989).The first part is a litigation between the party seeking interpleader and the rival claimants, and involves a determination of whether interpleader is appropriate for the situation.Seeid.There is no issue before us regarding the propriety of interpleader in this case; the trial court determined interpleader was appropriate when it sustained Allstate's motion for interpleader, directing Allstate to pay the $300,000 into the court and discharging Allstate from any further liability.

The second phase of an interpleader proceeding involves only the rival claimants as they litigate among themselves based on their conflicting claims.SeeAmwest,996 S.W.2d at 712.The issue before us is the propriety of having these conflicting claims heard before a jury in this case.Relator argues it is not only appropriate to have a jury hear these claims, but that it is fundamental to his rights under the Missouri constitution, based on the types of claims he brings, specifically the wrongful death claim.Respondent argues that the determination of the wrongful death claim is not an issue before the trial court.Respondent contends the trial court's role is only to oversee the "orderly administration of the interpled fund," and that the wrongful death claim will be handled in the separate proceeding Relator has brought against Ms. Doyle's defendant ad litem and Mr. Dyer.

This appears to be a case of first impression in Missouri, so we will look to Missouri law in areas related to the issues raised by Relator and Respondent and also federal and other state law that may provide assistance to our...