Supreme Court of Missouri
en banc

April 15, 2008

 

 

OPINION BY PRICE, J.

SC88531

State ex rel. The Coca-Cola Company, Relator, vs. The Honorable W. Stephen Nixon, Respondent.

WRIT MADE ABSOLUTE. All concur.


OPINION BY RUSSELL, J.

SC88274

State of Missouri, Respondent, vs. Robert Salter, Appellant.

AFFIRMED. All concur.


OPINION BY RUSSELL, J.

SC88799

In the Matter of the Care and Treatment of Richard Tyson, a/k/a James L. Thompson, a/k/a Richard J. Tyson, a/k/a Ritch E. Tyson, a/k/a Otis L. Tyson, Richard Tyson, Ritch Tyson, a/k/a Richard Earvin, a/k/a Rich Tyson, Appellant, vs. State of Missouri, Respondent.

AFFIRMED. Stith, C.J., Price, Teitelman, Limbaugh and Wolff, JJ., and
Koffman, Sp.J., concur. Breckenridge, J., not participating.



ON THE COURT'S OWN MOTION

SC88597

Timothy Sorrell, Respondent, vs. Norfork Southern Railway Company, Appellant.

Opinion modified on Court's own motion.


MOTIONS FOR REHEARING

SC88553

State of Missouri, Respondent, vs. Shane A. Vorhees, Appellant.

Respondent's motion for rehearing overruled.

 

SC88594

Eleanore Thorson, Appellant, vs. Elizabeth Connelly, Ronald Palmer, and Betty Palmer, Respondents.

Respondents Ronald Palmer and Betty Palmer's motion for rehearing overruled.


APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC89134

Gary Lomax, Appellant, vs. DaimlerChrysler Corporation, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED88071, denied. Russell, J., not participating.

 

SC89135

Jerry Guese, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD28240, denied.

 

SC89140

Randall Francin, Appellant, vs. Mosby, Inc., d/b/a Elsevier, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED89814, denied.

 

SC89141

Lieutenant Carter, Appellant, vs. Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED90116, denied.

 

SC89143

Jamie LeBlanc, Appellant, vs. Wendy Patton, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED89539, denied.

 

SC89146

Roger and Larry Steinmann, Respondents, vs. Joe Davenport, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED88051, denied.

 

SC89147

James Waddington, Appellant/Cross-Respondent, vs. Maureen (Waddington) Cox, Respondent/Cross-Appellant.

Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. ED88992 consolidated with ED89489, denied.

 

SC89150

Jeffrey Rixleben, Appellant, vs. City of Hazelwood, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89556, denied.

 

SC89151

Cynthia R. Berkbigler, n/k/a Cynthia R. Buchheit, Appellant, vs. Ricardo L. Berkbigler, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89113, denied.

 

SC89153

Ryan Smith, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89272, denied.

 

SC89157

In the Interest of: J.H.C.-H., I.C.-H. and E.E.H.

Appellant's application for transfer from the Missouri Court of Appeals, Nos. SD28554, SD28556, and SD28559, denied.

 

SC89158

In the Interest of C.P.S. and J.M.S.
Lawrence County
Juvenile Office, Respondent, vs. D.P.S., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Nos. SD28667 and SC28668 (consolidated), denied.

 

SC89160

State of Missouri, Respondent, vs. Tyrone Goodin, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD26939, denied.

 

SC89161

State of Missouri, Respondent, vs. George Myers, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89170, denied.

 

SC89162

State of Missouri, Respondent, vs. George Brutcher, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED88737, denied.

 

SC89167

State of Missouri, Respondent, vs. Christy Weatherford Cole, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD28175, denied.

 

SC89169

Jane Melanie Pemberton, Appellant, vs. Woodrow Wilson Pemberton, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67886, denied.

 

SC89170

Seaboard Corporation, et al., Respondents, vs. Grindrod Limited, et al., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD67628, denied. Breckenridge, J., not participating.

 

SC89172

David L. Sanders, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67299, denied.

 

SC89175

Harvey D. Scott, Appellant, vs. Christopher N. Brodhacker, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89547, denied. Russell, J., not participating.

 

SC89177

Bernardo O. Costa, Appellant, vs. Arthur E. Allen, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD67378, sustained and cause ordered transferred. Breckenridge, J., not participating.

 

SC89178

Joshua S. Dunkin, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67120, denied.

 

SC89179

In the Interest of: D.T. and L.T., Joanna Smith, Defendant, and Richard Tolbert, Appellant, vs. Juvenile Officer, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD66650, denied.

 

SC89180

State of Missouri, Respondent, vs. Steven W. Roberson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67133, denied. Breckenridge, J., not participating.

 

SC89181

Christopher Thompson, Appellant, vs. Research Medical Center, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD68013, denied.

 

SC89182

State of Missouri, Respondent, vs. Robert R. Cox, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67832, denied.

 

SC89183

St. Charles County Ambulance District, Inc., Appellant, vs. Missouri Department of Health and Senior Services, et al., Mission Care of Missouri d/b/a Abbott Ambulance, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67521, denied.

 

SC89184

Troy C. Hudson, Appellant, vs. State of Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD67082, denied.


SC89185

Gladstone Special Road District No. 3 of Clay County, et al., Respondents, vs. County of Clay, Missouri, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67977, denied. Breckenridge, J., not participating.

 

SC89189

State of Missouri, Respondent, vs. Timmy Jackson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD26880, denied.

 

SC89191

Ronald U. Lurie and Nancy F. Lurie, Appellants, vs. Apex Clayton, Inc. and 8182 Maryland Associates, Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED90017, denied.

 

SC89195

In the Estate of: Raymond V. Shuh, Deceased.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89849, denied.

 

SC89199

Sheila Bone, Respondent, vs. Roger Bone, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89241, denied.

 

SC89200

Joel W. Robertson, Appellant, vs. St. John's Mercy Health Care, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89858, denied.


SC89204

Deanna M. Tinnes and Michael Tinnes, Trustees of the Tinnes Family Trust dated 9/18/1996, Respondents, vs. Robert J. Brand, II, and Mary A. Brand, Appellants.

Respondents' application for transfer from the Missouri Court of Appeals, No. SD28250, denied.

 

SC89226

William L. McBurney, et al., Appellants, vs. Jeffrey C. Cameron, et al., Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD65679, denied.

 

SC89227

Capital One FSB, Respondent, vs. George Fewquay, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED90191, denied.


WRITS AND OTHER ORIGINAL PROCEEDINGS

SC89045

State ex rel. Gary Thaller, Relator, vs. The Honorable Patricia Joyce, Respondent.

Petition for writ of mandamus and/or writ of prohibition denied. Stith, C.J., and Russell, J., not participating.

 

SC89079

State ex rel. Rocky Ridge Ranch Property Owners' Association, 154 Homeowners' Association, and 154 Land Company, LLC, Relators, vs. The Honorable Raymond M. Weber, Respondent.

Petition for writ of prohibition or, in the alternative, petition for a writ of mandamus denied.

 

SC89128

State ex rel. Nathaniel Young, Petitioner, vs. Steve Larkin, Superintendent, Respondent.

Petition for writ of habeas corpus denied.

 

SC89148

State ex rel. C.F. White Family Partnership, et al., Relators, vs. The Honorable Marco Roldan, Respondent.

Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc within thirty days.

 

SC89124

State ex rel. Timothy Jacobs, Relator, vs. The Honorable Lee E. Wells, Respondent.

Petition for writ of mandamus denied without prejudice.

 

SC89164

State ex rel. Missouri Public Service Commission, Relator, vs. The Honorable Richard G. Callahan, Respondent.

Petition for writ of prohibition denied.

 

SC89165

State ex rel. Larry D. Taylor, Petitioner, vs. Joan Ann Johnson, Superintendent, Respondent.

Petition for writ of habeas corpus denied.

 

SC88704

In re: John Lyng, Petitioner.

Petition for reinstatement denied. Russell, J., not participating.

 

SC89123

State ex rel. Lewis A. Stevens, Relator, vs. Missouri Board of Probation and Parole, et al., Respondents.

Petition for writ of prohibition denied.

Relator's motion to order Respondents to show cause why this writ should not be granted overruled as moot.


SC89192

State ex rel. Michael G. Sales, Petitioner, vs. State of Missouri, Respondent.

Petition for writ of mandamus denied.

 

SC89203

State ex rel. Dwayne J. Wingo, Petitioner, vs. Roy Mueller, Director, St. Louis County Department of Justice Services, Respondent.

Petition for writ of habeas corpus denied.

 

SC89145

State ex rel. Scott L. Bragg, Petitioner, vs. Troy Steele, Respondent.

Petition for writ of habeas corpus denied.

 

SC89206

State ex rel. Asset Acceptance, LLC, as Successor in the Interest to Ballys, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition, or in the alternative, for writ of mandamus denied.

 

SC89207

State ex rel. Asset Acceptance, LLC, as Assignee for Bally's Total Fitness, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.

 

SC89208

State ex rel. Asset Acceptance, LLC, as Assignee of Bally's Total Fitness, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.


SC89209

State ex rel. Asset Acceptance, LLC, as Assignee of Bally's, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.

 

SC89210

State ex rel. Asset Acceptance, LLC, as Assignee for Bally's Total Fitness, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.

 

SC89211

State ex rel. Palisades Collection, LLC, as Assignee of AT&T, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for a writ of mandamus denied.

 

SC89212

State ex rel. Palisades Collection, LLC, as Assignee of AT&T, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.

 

SC89213

State ex rel. Palisades Collection, LLC, as Assignee of AT&T, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.


SC89214

State ex rel. Palisades Collection, LLC, as Assignee of AT&T, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.

 

SC89215

State ex rel. Asset Acceptance, LLC, as Assignee for Sprint PCS, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.

 

SC89216

State ex rel. Asset Acceptance, LLC, as Assignee for Sprint PCS, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.

 

SC89217

State ex rel. Asset Acceptance, LLC, as Assignee for Sprint PCS, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied

 

SC89218

State ex rel. Asset Acceptance, LLC, as Assignee for Southwestern Bell Telephone, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.

 

SC89219

State ex rel. Asset Acceptance, LLC, as Assignee for Southwestern Bell Telephone, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.

 

SC89220

State ex rel. Asset Acceptance, LLC, as Successor in Interest to Bank One, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.

 

SC89221

State ex rel. LVNV Funding, LLC, as Assignee of Bank of America, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.

 

SC89222

State ex rel. LVNV Funding, LLC, as Assignee of Sears, a Limited Liability Company, Relator, vs. The Honorable Judy P. Draper, Respondent.

Petition for writ of prohibition or, in the alternative, for writ of mandamus denied.


MOTIONS

SC89118

Susan M. Cannon (Randall), Appellant, vs. James R. Cannon, Respondent.

Respondent's motion for bond pursuant to Rule 81.10 overruled.

Respondent's motion to reconsider and lift stay overruled.



Day - to - Day,


____________________________________
William Ray Price, Jr.
Acting Chief Justice



The next regular conference of Court en Banc will be on
May 20, 2008.