OPINION BY TEITELMAN, J.

SC88654

Randall Brungard, et ux., Appellants, vs. Risky's Inc., et al., Patti Cakes Baking Company, Inc., Respondents.

AFFIRMED. All concur.

OPINION BY LIMBAUGH, J.

SC87859

State of Missouri, Respondent, vs. Walter Barton, Appellant.

AFFIRMED. Price and Russell, JJ., and Evans, Sp.J., concur; Wolff, J.,
dissents in separate opinion filed; Stith, C.J., and Teitelman, J., concur in
opinion of Wolff, J. Breckenridge, J., not participating.

OPINION BY RUSSELL, J.

SC88442

Murlin R. Phillips, Appellant, vs. Jasper N. Edmundson, Jr., et al., Respondents.

REVERSED AND REMANDED. All concur.

PER CURIAM

SC88501

Darrell J. Fick, Respondent, vs. Director of Revenue, State of Missouri, Appellant.

REVERSED. Stith, C.J., Price, Teitelman, Limbaugh, Russell and Wolff, JJ.,
and Grady, Sp.J., concur. Breckenridge, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC88832

Brian Wandersee and Advanced Cleaning Technologies, Inc., Respondents, vs. BP Products North America, Inc., Appellant.

Respondents' application for transfer from the Missouri Court of Appeals, No. ED88237, sustained and cause ordered transferred.

SC88833

Ronald Gallagher, et al., Appellants, vs. DaimlerChrysler Corporation, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED87953, denied. Russell, J., not participating.

SC88848

Jennie Hampton and Marvin Vail, Appellants, vs. Carter Enterprises, Inc., and American Family Mutual Insurance Company, Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD66706, denied.

SC88890

Cortez Strong, Respondent/Cross-Appellant, vs. American Cyanamid Company, Appellant/Cross-Respondent, and Georgia Santos-Jawaid, M.D., Respondent.

Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED87045, sustained and cause ordered transferred.

SC88895

Vincent McFadden, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89470, sustained and cause ordered transferred.

SC88900

Mary E. Dorsey, Respondent, vs. Patricia Manzella, Jasper Manzella, and Mark Manzella, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED88876, denied.

SC88911

Tomas Silva, Appellant, vs. Construction and Abatement Services, Inc., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67784, denied.

SC88913

Jason Marks, Appellant, vs. Felicia Marks, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89222, denied.

SC88914

In re the Care and Treatment of Jackie Holtcamp, a/k/a Jackie L. Holtcamp, a/k/a David Lee, a/k/a Jack Holtcamp, a/k/a Jackie D. Holtcamp, a/k/a Louis Holtcamp, a/k/a Lee D. Holtcamp, a/k/a Davi Lee, a/k/a Jackie Hallcamp, a/k/a Jack Louis Holtcamp, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD66661, sustained and cause ordered transferred. Breckenridge, J., not participating.

SC88917

State of Missouri, Respondent, vs. Valentino P. Barraza, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD66963, denied.

SC88921

Michael Durley, Respondent, vs. Board of Police Commissioners for the City of St. Louis, et al., Appellants.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED88706, denied.

SC88922

State of Missouri, Respondent, vs. Philip Ray Couch, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED88900, denied.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED88900, sustained and cause ordered transferred.

SC88924

Clay County Realty Company and Edith Investment Company, Appellants, vs. City of Gladstone, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD67534, sustained and cause ordered transferred. Price, J., not participating.

SC88927

State of Missouri, Respondent, vs. Clifton Cloyd, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD66555, denied. Breckenridge, J., not participating.

SC88928

Edward A. Robinson, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD66817, denied.

SC88929

Charles L. Muldrow, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD66927, denied. Breckenridge, J., not participating.

SC88930

John and Marcina J. Cicutto, Respondents, vs. Jerod A. Weaver, Appellant, and Farmers Insurance Company, Inc., Defendant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67686, denied.

SC88931

Rodney Furne, Respondent, vs. Director of Revenue, State of Missouri, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD66416, denied.

SC88933

Larabee Group, LLC, Appellant, vs. City of Kansas City, Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD67919, denied.

SC88934

Amber Byers, Appellant, vs. Christine Cheng, M.D., and The Washington University, Respondents, and Emran Sheikh, M.D., et al., Defendants.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED88432, denied.

SC88938

John Doe, Respondent, vs. James F. Keathley, Appellant, Thomas Phillips and James F. Kanatzar, Defendants.

Respondent's application for transfer, prior to disposition, from the Missouri Court of Appeals, No. WD68910, denied.

SC88939

In the Matter of D.A.B. Konstantin Litvinov, Appellant, vs. Paul G. Beaird, et al., Respondents.

Respondent Paul Beaird's application for transfer from the Missouri Court of Appeals, No. SD28095, denied.

SC88940

In the Matter of D.A.B. Alesya Beaird Litvinov, Appellant, vs. Paul G. Beaird,
et al., Respondents.

Respondent Paul Beaird's application for transfer from the Missouri Court of Appeals, No. SD28099, denied.

SC88947

Linda Braboy, Appellant, vs. Federal Express Corporation, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED88398, denied.

SC88949

Charles Rothschild, Jr., Appellant, vs. Roloff Trucking, et al., Respondents, and Treasurer of Missouri as Custodian of the Second Injury Fund, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89364, denied.

SC88950

Tracy Gilliland, Appellant, vs. Missouri Athletic Club, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED88248, sustained and cause ordered transferred.

SC88951

State of Missouri, Respondent, vs. Megal Cole, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED88493, denied.

SC88954

St. Louis Police Officers' Association, et al., Appellants, vs. Board of Police Commissioners of the City of St. Louis, et al., Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED88894, sustained and cause ordered transferred.

SC88958

Larry J. Bullock, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD28258, denied.

SC88963

State of Missouri, Respondent, vs. William H. Baugh, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED89378, denied.

SC88966

Ilene Massey, Appellant, vs. George Carter, et al., Respondents.

Respondents' application for transfer from the Missouri Court of Appeals, No. WD67682, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS

SC88847

State ex rel. Missouri Division of Employment Security, Relator, vs. The Labor and Industrial Relations Commission, Respondent.

Petition for writ of prohibition denied. Breckenridge, J., not participating.

SC88854

State ex rel. Larry B. Smith, Petitioner, vs. Don Roper, Respondent.

Petition for writ of certiorari denied.

SC88907

State ex rel. George W. Carlisle, Jr., Relator, vs. The Honorable Ted House, Respondent.

Petition for writ of mandamus denied.

SC88909

State ex rel. David Anderson, Petitioner, vs. The Honorable Robert H. Dierker, Jr., Respondent.

Petition for writ of certiorari denied.

SC88866

State ex rel. Carlos Mikel, Petitioner, vs. Jill McGuire, Superintendent, and Jean Crane, Records Officer, Respondents.

Petition for writ of habeas corpus denied.

SC88918

State ex rel. EBG Health Care II, Inc., d/b/a St. Louis Avenue Nursing Center, Relator, vs. The Honorable Margaret M. Neill, Respondent.

Petition for writ of prohibition denied.

Respondent's motion for damages and/or sanctions overruled.

Respondent's motion to strike overruled.

SC88920

State ex rel. George W. Carlisle, Jr., Relator, vs. The Honorable Ted House, Respondent.

Petition for writ of mandamus denied.

SC88877

State ex rel. Issac Lubom, Petitioner, vs. Dave Dormire, Respondent.

Petition for writ of habeas corpus denied.

SC88916

State ex rel. F. (Floyd) Johnson-Bey, Petitioner, vs. Don Roper, Respondent.

Petition for writ of habeas corpus denied.

SC88941

State ex rel. Dwight E. Cofer, Petitioner, vs. Marc B. Weiter, Missouri Department of Corrections, and the Missouri Board of Probation and Parole, Respondents.

Petition for writ of habeas corpus denied.

Petitioner's motion for appointment of counsel overruled.

SC88952

State ex rel. Maurice Williams, Petitioner, vs. The Honorable Julian L. Bush, Respondent.

Petition for writ of prohibition denied.

SC88964

State ex rel. Richard Carter, Petitioner, vs. Al Luebbers, Respondent.

Petition for writ of habeas corpus denied.

MOTIONS

SC88294

State ex rel. Robert Wolfrum and Bevy Beimdiek, Relators, vs. The Honorable Melvyn W. Wiesman, Respondent.

Defendant's motion to recall the mandate overruled.