Callis denies defense pro hac vice move in alienation of affection suit

By Amelia Flood | Mar 2, 2010


Madison County Chief Judge Ann Callis will not allow a defense attorney to appear in an alienation of affection suit.

Callis granted the motion by pro-se plaintiff Hugh Brandt Feb. 26 to deny or rescind pro hac vice status after attorneys for defendant Rusty Churchman failed showed up at the Friday motion hearing.

Attorney David Ferman of Clayton, Mo. had been granted pro hac vice standing in January.

It was the second time that neither defense attorney -- Ferman or Richard Bender -- appeared at a hearing on the matter.

Brandt is suing Churchman for allegedly leading Brandt's wife, Lesa Ann Brandt, to divorce him last year.

Brandt alleges that Churchman intentionally caused the end of his marriage.

He is seeking damages of $200,000 and costs.

In Churchman's Jan. 4 answer, the defendant denies that he caused the end of the marriage. He counters that Hugh Brandt's actions including allegedly mentally and physically abusive behavior, visits to strip clubs and spending time with prostitutes, caused the divorce.

Churchman also contends that Lesa Ann Brandt began divorce proceedings before meeting Churchman.

Brandt argued in his motion asking for Callis to deny the standing that Ferman had not filled out the application for pro hac vice standing correctly and had failed to supply the needed credentials from his home bar association.

Callis continued the first hearing Feb. 5 after conferring with Brandt. Neither Bender nor Ferman attended that hearing.

The case had been assigned to Madison County Circuit Judge Daniel Stack.

The case is Madison case number 09-L-1131.

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