Vernell Beach, By and Through His Natural Mother and Legal Guardian, Yolanda Walton v. Kenneth Zellers…

Summary

The Court held that the circuit court materially prejudiced the state by issuing a permanent writ of mandamus without first issuing a preliminary order under Rule 94. Because the state therefore lacked a clear opportunity and obligation to answer the writ petition's factual allegations and assert additional defenses, the Court vacated the judgment and remanded. The opinion contains no separate writings.