State Ex Rel. Willman v. Sloan

574 S.W.2d 421 (1978)

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Nature of the Case

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Facts

The original case was before Judge Sloan. It was appealed by P. On appeal, P got a ruling in his in his suit to enjoin Beheler (D) from breach of his covenant not to compete within a twenty-mile radius of St. Joseph, Missouri for a five-year period. Because only a few months of the five-year period remained at the time of the appellate decision, the court concluded that enforcement of the covenant would not be sufficient or proper equitable relief. As such the court remanded for a determination of damages due to the breach. On remand before Judge Sloan, D requested and was granted an order to empanel a jury at law (not merely an advisory jury), to determine the remaining issues of damages. P then filed his petition for a writ of prohibition.