State ex rel. Sharp v. Romines, 81020

Decision Date09 February 1999
Docket NumberNo. 81020,81020
Citation984 S.W.2d 500
PartiesSTATE ex rel. Douglas SHARP, et al., Relators, v. Honorable Kenneth M. ROMINES, Judge, Circuit Court of St. Louis County, Missouri, Div. 10, Respondent.
CourtMissouri Supreme Court

Robert Herman, St. Louis, for Relators.

William F. Arnet, Marvin E. Wright, Phillip J. Hoskins, Columbia, for Respondent.

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. Relators 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...

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3 cases
  • State ex rel. Neville v. Grate
    • United States
    • Missouri Court of Appeals
    • August 5, 2014
    ... ... See State ex rel. Sharp v. Romines, 984 S.W.2d 500, 500 (Mo. banc 1999) (Missouri's venue statutes do not permit an ... ...
  • State ex rel. Mary Renee Palmer v. Goeke
    • United States
    • Missouri Court of Appeals
    • December 7, 1999
    ... ... State ex rel. Sharp v. Romines, 984 S.W.2d 500, 500 (Mo. banc 1999); Anglim v. Missouri Pacific R. Co., 832 S.W.2d 298, ... ...
  • State ex rel. Heartland Title Servs., Inc. v. Harrell
    • United States
    • Missouri Supreme Court
    • October 18, 2016
    ... ... State ex rel. Sharp v. Romines , 984 S.W.2d 500, 500 (Mo. banc 1999).7 Because venue was proper in Jackson County, this ... ...
1 books & journal articles
  • Section 3.32 Forum Non Conveniens
    • United States
    • The Missouri Bar Civil Trial Practice 2015 Supp Chapter 3 Jurisdiction, Venue, and Service
    • Invalid date
    ...conveniens does not apply to a case involving Missouri parties and a Missouri cause of action. See also State ex rel. Sharp v. Romines, 984 S.W.2d 500 (Mo. banc 1999) (holding forum non conveniens inappropriate in intrastate matters). But Willman does not rule out an application of the doct......

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