Supreme Court of Missouri
en banc

September 24, 2002


PER CURIAM
SC84485 Rhonda James, et al., Appellants, vs. Dr. Michael Poppa, et al., Respondents.
REVERSED AND REMANDED. All concur.


PER CURIAM
SC84690 Todd A. Brown, Respondent, vs. Director of Revenue, Appellant.
REVERSED AND REMANDED. All concur.





APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC84637 Lowell C. Long, et al., Appellants, vs. Interstate Ready-Mix, L.L.C., and Fru-Con Construction Corporation, Respondents.
Respondents' application for transfer from the Missouri Court of Appeals, No. WD60170, denied.

SC84693 April Ridder and Ernest Ridder, Appellants, vs. Rudolph Hibsch, Respondent.
Appellants' application for transfer from the Missouri Court of Appeals, No. SD24542, sustained and cause ordered transferred.

SC84698 Alan Vineyard, Appellant, vs. HLC Properties, Inc., d/b/a Clark Properties, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80340, denied.

SC84699 In re the Estate of Ola H. Blodgett, Deceased, Henry W. Blodgett, Appellant, vs. Norine Mitchell and Bank of America, N.A., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80137, sustained and cause ordered transferred.

SC84700 Judith E. Ewing, Appellant, vs. David J. Singleton, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59763, denied.

SC84701 Ronald Johnson, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60199, denied.


SC84702 David Flavan, Appellant, vs. Ellsworth Cundiff and Cundiff, Turken & Londoff, L.L.P., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79834, denied.

SC84704 State of Missouri, Respondent, vs. Christopher V. Guyton, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59707, denied.

SC84705 Daniel R. Vaughn, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60178, denied.

SC84707 State of Missouri, Respondent, vs. Richard W. Heckenlively, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD59159, denied.

SC84708 State of Missouri, Respondent, vs. Deitra Y. Cole, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60127, denied.

SC84709 Louis Grime, Respondent, vs. Altec Industries, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD60262, denied.


SC84710 Maryville Properties, L.P., Appellant, vs. Pat Nelson, Assessor, Nodaway County, Missouri, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD60335, denied.

SC84713 Estate of Leila Grace Burford by Pam Bruse, a Personal Representative, Respondent, vs. Edward D. Jones & Co., L.P., d/b/a Edward Jones, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60369, denied.

SC84714 Steven Cox, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD59189, sustained and cause ordered transferred.

SC84716 Timothy Michael Murphy and Danny Steven Murphy, Co-Personal Representatives of the Estate of Danny Lee Murphy, Deceased, Respondents, vs. Jackson National Life Insurance Company, Appellant.
Respondents' application for transfer from the Missouri Court of Appeals, No. SD24589, denied.

SC84717 Donnita Killingsworth and David Killingsworth, Appellants, vs. Dickinson Theatres, Inc., Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD24571, denied.

SC84718 State of Missouri, Respondent, vs. Ricky Lynn Emery, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD24666, sustained and cause ordered transferred.

SC84719 James Patton, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80559, denied.

SC84720 In the Interest of:
K.A.J.M.W., E.D.W., and B.D.S.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80640, denied.

SC84722 Automobile Club Inter-Insurance Exchange, Appellant, vs. Rommel Medrano,
et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80312, denied.

SC84723 State of Missouri, Respondent, vs. Larry Schaal, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD24413, denied.

SC84724 State of Missouri, Respondent, vs. Floyd D. Poertner, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED75954, denied.

SC84725 State of Missouri, Respondent, vs. Kevin R. Rentfro, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79694, denied.


SC84726 In re: Marriage of James S. Novak and Mary Helen Novak
Mary Helen Novak, Respondent, vs. James S. Novak, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, Nos. ED79724 and ED79839, denied.

SC84727 John Phillips, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80372, denied.

SC84728 Paul Eades, Respondent, vs. Maritz, Inc., Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79441, denied.

SC84729 State of Missouri, Respondent, vs. Kevin Roberts, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79795, denied.

SC84730 State of Missouri, Respondent, vs. Marshall Moss, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79983, denied.

SC84731 Joseph S. Blackburn, Appellant, vs. Missouri Board of Probation & Parole, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD60424, denied.


SC84733 State of Missouri, Respondent, vs. Gerald Fleming, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79369, denied.

SC84734 State of Missouri, Respondent, vs. Timothy W. Hempfling, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79686, denied.

SC84735 State of Missouri, Respondent, vs. Gregory T. O'Toole, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79997, denied.

SC84736 State of Missouri, Respondent, vs. Ronald L. Morgan, Sr., Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80017, denied.

SC84737 Gregory A. Lowdermilk and Mary Catherine Lowdermilk, Appellants, vs. Vescovo Building and Realty Company, Inc., et al., Respondents.
Appellant Mary Catherine Lowdermilk's application for transfer from the Missouri Court of Appeals, No. ED79055, sustained and cause ordered transferred.

SC84740 State of Missouri, Respondent, vs. Matthew J. Hensley, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD24377, denied.


SC84743 Randall Barker, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD24620, denied.

SC84747 Roxanne Kerperien, Respondent, vs. Lumberman's Mutual Casualty Company, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED79296, sustained and cause ordered transferred.

SC84748 Julia Brooks, Respondent, vs. Jeffrey M. Brooks, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80064, sustained and cause ordered transferred.

SC84768 Magruder Quarry & Company, L.L.C., Respondent, vs. Joseph M. Briscoe, et al., Appellants.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED79869, denied. Teitelman, J., not participating.

SC84769 Robert Carter, M.D., Appellant/Cross-Respondent, vs. St. John's Regional Medical Center, Respondent/Cross-Appellant.
Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, Nos. SD24247 and SD24248, denied.

SC84771 State of Missouri, Respondent, vs. Michael Goebel, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED80091, denied.


SC84772 State of Missouri ex rel. Denise Faye Moiser, Respondent, vs. John Klein, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED79721, denied.

SC84773 State of Missouri, Respondent, vs. Demetrius Battle, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED79868, denied.

SC84777 Carolynne M. Kieffer, and Kieffer-Mickes, Inc., Appellants, vs. Bankamerica Corporation, et al., Respondents.
Appellant Carolynne Kieffer's application for transfer from the Missouri Court of Appeals, No. ED79926, denied.

Appellant Kieffer-Mickes, Inc.'s application for transfer from the Missouri Court of Appeals, No. ED79926, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS
SC84514 State ex rel. BJC Health System, et al., Relators, vs. The Honorable Margaret M. Neill, Judge, Circuit Court of the City of St. Louis, Division 1, Respondent.
Petition for writ of prohibition denied.

SC84524 State ex rel. Graydon Clark, Petitioner, vs. Larry Rowley, Superintendent, Respondent.
Petition for writ of habeas corpus denied.

Petitioner's motion for appointment of counsel overruled.


SC84697 State ex rel. Montonio Leon Workcuff, Relator, vs. The Honorable Justine Del Muro, Judge, Division 4, and The Honorable Margaret Sauer, Judge, Division 29, Circuit Court of Jackson County, Missouri, Respondents.
Petition for writ of prohibition denied. Price, J., not participating.

SC84687 State ex rel. Arnold Weston, Jr., Petitioner, vs. Bill Eidson, et al., Respondents.
Petition for writ of habeas corpus denied.

Petitioner's motion to shorten time limitations overruled.

SC84676 State ex rel. William Eric Walls, Petitioner, vs. Chief Judge, Circuit Court of Greene County, Respondent.
Petition for writ of mandamus denied without prejudice pursuant to Rules 84.22 and 91.02(a).

SC84732 State ex rel. Darrell L. Moore, Greene County Prosecuting Attorney, Relator, vs. The Honorable Calvin R. Holden, Judge, Circuit Court of Greene County, 31st Judicial Circuit, Division V, Respondent.
Petition for preliminary and absolute writ of prohibition and/or mandamus denied.

SC84675 State ex rel. Curtis Lamar McQueen, Petitioner, vs. Mike Kemna, et al., Respondents.
Petition for writ of habeas corpus denied.

SC84741 State ex rel. Deborah Butner, Relator, vs. The Honorable Marco Roldan, Respondent.
Petition for writ of mandamus denied.

SC84753 State ex rel. Donald V. Nangle, Relator, vs. The Honorable John F. Kintz, Circuit Judge, Circuit Court of St. Louis County, Missouri, Respondent.
Petition for writ of prohibition denied.

SC84754 State ex rel. Michael Athanasiades, Petitioner, vs. Al Luebbers, Superintendent, and Jeremiah W. (Jay) Nixon, Attorney General, Respondents.
Petition for writ of habeas corpus denied.

Petitioner's motion for Court's order directing state to provide this Court with records and files overruled.

SC84765 State ex rel. Jeff Chaffin, Keith Savage, Gary Alsbury, Jr., and Doane Pet Care Company, Relators, vs. The Honorable William C. Crawford, Judge, Division 1, Circuit Court of Jasper County, Respondent.
Petition for writ of prohibition denied.



MOTIONS
SC84746 In re: Circuit Court Budget of the 11th Judicial Circuit of the State of Missouri:
The County Executives and County Council of St. Charles County, Appellants, vs. Eleventh Circuit Court, Respondent.
Appellants' motion for stay of the decision of the Judicial Finance Commission sustained.

SC69153 State of Missouri, Respondent, vs. William R. Jones, Jr., Appellant.
Appellant's motion to recall the mandate overruled.


SC71737 William R. Jones, Appellant, vs. State of Missouri, Respondent.
Appellant's motion to recall the mandate overruled.



Day - to - Day,


____________________________________
Stephen N. Limbaugh, Jr.
Chief Justice






The next regular conference of Court en Banc will be on October 22, 2002.