Supreme Court of Missouri
en banc

 
October 30, 2007

 

 

OPINION BY TEITELMAN, J.

SC88313

Dr. Gary Edwards, Appellant, vs. Lawrence M. Gerstein, et al., Respondents.




AFFIRMED IN PART; REVERSED IN PART; REMANDED. Price, Limbaugh, Russell and Wolff, JJ., and Barney, Sp.J., concur; Stith, C.J., concurs in part and dissents in part in separate opinion filed. Breckenridge, J., not
participating.


OPINION BY TEITELMAN, J.

SC88438

State of Missouri, Respondent, vs. David Salazar, Appellant.




REVERSED AND REMANDED. Stith, C.J., Russell and Wolff, JJ., concur; Mooney, Sp.J., concurs in result in separate opinion filed; Limbaugh J., dissents in separate opinion filed; Price, J., concurs in opinion of Limbaugh, J.
Breckenridge, J., not participating.


OPINION BY LIMBAUGH, J.

SC88464

State of Missouri ex rel. City of Jennings, Missouri, Relator, vs. Honorable John J. Riley, Respondent.




WRIT QUASHED. All concur.




OPINION BY RUSSELL, J.

SC88430

Department of Social Services, Division of Medical Services, Appellant, vs. Little Hills Healthcare, L.L.C., d/b/a CenterPointe Hospital, Respondent.




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


OPINION BY WOLFF, J.

SC88390

State ex rel. Office of the Public Counsel, Relator, vs. The Public Service Commission of the State of Missouri, et al., Respondents.




WRIT MADE PEREMPTORY. Stith, C.J., Price, Teitelman, Limbaugh and Russell, JJ., and Grady, Sp.J., concur. Breckenridge, J., not participating.


PER CURIAM

SC88325

Neal S. Clevenger and Mitsue I. Clevenger, Respondents, vs. Oliver Insurance Agency, Inc., Appellant.




AFFIRMED IN PART AND REVERSED IN PART. Stith, C.J., Price, Teitelman, Limbaugh, Russell and Wolff, JJ., and Barnes, Sr.J., concur; Breckenridge, J., not participating.






APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC88601

Glasgow Enterprises, Inc., Respondent, vs. Oscar Brooks and Augustine Brooks, Appellants, and Homeowners Loan Corporation, Defendant.




Respondent's application for transfer from the Missouri Court of Appeals, No. ED88327, denied.



SC88657

State of Missouri, Respondent, vs. Steven Arthur Rios, Appellant.




Respondent's application for transfer from the Missouri Court of Appeals, No. WD65708, denied. Breckenridge, J., not participating.



SC88705

Alan Mahan and Sylvia Mahan, n/k/a Sylvia Fitzgerald, Appellants, vs. Craig Greer and Howard Sanders, Respondents.




Appellants' application for transfer from the Missouri Court of Appeals, No. ED88903, denied.



SC88710

Bruce F. Bird, P.E., Respondent, vs. Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects, Appellant.




Respondent's application for transfer from the Missouri Court of Appeals, No. WD66638, sustained and cause ordered transferred. Breckenridge, J., not participating.



SC88711

Joseph Muller, Respondent, vs. St. Louis Housing Authority, Appellant, and Treasurer of Missouri as Custodian of the Second Injury Fund, Additional Party.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88781, denied.

 


SC88728

In re the matter of: K.N.A.C. S.A.L. and J.R.L., Respondents-Appellants, vs. C.P. and M.P., Appellants-Respondents, Missouri CASA Association, Amicus Curiae.




Appellants-Respondents' application for transfer from the Missouri Court of Appeals, No. WD67472 consolidated with WD67503, denied. Russell, J., not participating.



SC88744

S.R. by her next friend S.H.R. and S.H.R., Respondent, vs. K.M., Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88205, denied.



SC88760

Apted-Hulling, Inc. and Cheshire Inn Motor Hotel, Inc., Respondents, vs. L&S Properties, Ltd. and John E. Lueders, Appellants.




Appellants' application for transfer from the Missouri Court of Appeals, No. ED87862, denied.



SC88769

Mark Hubbard, Appellant, vs. State of Missouri, Respondent.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88479, denied.



SC88770

State of Missouri, Respondent, vs. Craig Franke, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88168, denied.




SC88786

State of Missouri, Respondent, vs. Karl A. Richard, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED87860, denied.



SC88788

State of Missouri, Respondent, vs. Julius Nash, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88334, denied.



SC88789

Laterrence Thigpen, Appellant, vs. State of Missouri, Respondent.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88469, denied.



SC88790

State of Missouri, ex rel. Jeremiah W. Nixon, Attorney General, State of Missouri, Appellant, vs. Angela McIntyre, Respondent.




Respondent's application for transfer from the Missouri Court of Appeals, No. WD67632, denied.



SC88791

Mark Aaron McNeal, Appellant/Cross-Respondent, vs. Megan Ann McNeal, Respondent/Cross-Appellant.




Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. WD66805 consolidated with WD66871, denied. Breckenridge, J., not participating.





SC88792

In the Estate of Richard Durgin, II, Respondent, Marla Weigel, Appellant, vs. Richard Durgin, Respondent.




Appellant's application for transfer from the Missouri Court of Appeals, No. WD67221, denied. Breckenridge, J., not participating.



SC88793

Clyde Townsend, et ux., Respondents, vs. Eastern Chemical Waste Systems and the Government of the District of Columbia, Appellants.




Appellant Eastern Chemical Waste Systems' application for transfer from the Missouri Court of Appeals, No. WD65931 consolidated with WD65976, denied. Breckenridge, J., not participating.



SC88794

State of Missouri ex rel. Robert K. Cravens, Respondent, vs. Jeremiah W. (Jay) Nixon, Attorney General of the State of Missouri, and Michael N. Keathley, Commissioner of Administration, State of Missouri, Appellants.




Appellants' application for transfer from the Missouri Court of Appeals, No. WD67690, denied.



SC88795

State of Missouri, Respondent, vs. James E. Sanderson, Jr., and Roger Alan Hubbard, Appellants.




Appellants' application for transfer from the Missouri Court of Appeals, No. WD66509 consolidated with WD66510, denied.



SC88797

Michael J. Caylor, Respondent, vs. Deborah McClain, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. WD67604, denied. Breckenridge, J., not participating.



SC88798

Beth Williams, Plaintiff, Rebecca Jaynes, Respondent, vs. Thomas Silvola, Jr., et al., Defendants, Farmers Insurance Company, Inc., and Mid-Century Insurance Company, Appellants.




Appellants' application for transfer from the Missouri Court of Appeals, No. WD66055, denied. Breckenridge, J., not participating.



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.




Respondent's application for transfer from the Missouri Court of Appeals, No. WD66469, sustained and cause ordered transferred.



SC88800

Clifford M. Taylor, Appellant, vs. State of Missouri, Respondent.




Respondent's application for transfer from the Missouri Court of Appeals, No. WD66345, denied.



SC88801

Annie Tremain, Appointing Authority, Missouri Department of Social Services, Family Support Division, Respondent, vs. Kimberly Peterson, Appellant.




Respondent's application for transfer from the Missouri Court of Appeals, No. WD66723, denied. Breckenridge, J., not participating.



SC88802

State of Missouri, Respondent, vs. John C. Markle, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88037, denied.

 


SC88804

In the Matter of the Estate of: Doris J. Givens, Deceased, Carolin R. Burket, Appellant, vs. John R. Givens, Jr., and Missouri Department of Social Services, Division of Medical Services, Respondents.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED89064, denied.



SC88805

Lawrence L. Pearson, Respondent, vs. Director of Revenue, State of Missouri, Appellant.




Respondent's application for transfer from the Missouri Court of Appeals, No. ED88625, denied.



SC88807

Paula M. Gianella, Appellant, vs. Frank Gianella, et al., Respondents.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88855, denied.



SC88808

State of Missouri, Respondent, vs. Gregory G. Chambers, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED87196, denied.



SC88810

Hilda Loretta Simpson and Darrell Eugene Carter as Co-Personal Representatives of the Estate of Mamie Elizabeth Strong, Deceased, Appellants-Respondents, vs. Carl F. Strong, Respondent-Appellant.




Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. SD27235 and SD27251, denied.



SC88814

St. Charles County, Appellant, vs. Lloyd B. Olendorff, et al., Exceptions of Anita J. Fischer, Parcel No. 99, Respondents.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88296, denied.



SC88815

Nazmieh Abdalla and Husni Ahmad Alsarabi, Respondents, vs. Estate of Leo Stanley Lawrence, et al., Respondents, and United States Aviation Underwriters, Inc., as Managers for United States Aircraft Insurance Group, Appellants.




Appellants' application for transfer from the Missouri Court of Appeals, No. ED88812, denied.



SC88817

State of Missouri, Respondent, vs. Joshua L. Kimes, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. SD28138, denied.



SC88823

State of Missouri, Respondent, vs. Byron Paul Michael, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88104, denied.



SC88824

Terry W. Dixon and Cynthia Crossland, Respondents, vs. Thomas D. Thompson, Appellant.




Respondent Terry W. Dixon's application for transfer from the Missouri Court of Appeals, No. SD27529, denied.




SC88827

OCG Communications, LLC and the Official Plan Committee of Omniplex Communications Group, LLC, Appellants, vs. General Electric Capital Corporation, Respondent.




Appellants' application for transfer from the Missouri Court of Appeals, No. ED88740, denied. Stith, C.J., not participating.



SC88834

Tracey Clark Maiden, Respondent, vs. Jeannette Louise Maiden, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED87944, denied.



SC88853

State of Missouri, Respondent, vs. Andrew Reynolds, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED87960, denied.



SC88856

In re the Marriage of Louis Carl Accurso and Kimberly Ann Accurso




Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. WD66248 (consolidated with WD66316), denied. Stith, C.J., and Breckenridge, J., not participating.



SC88857

William O. Guthrie, Appellant, vs. State of Missouri, Respondent.




Appellant's application for transfer from the Missouri Court of Appeals, No. WD66980, denied. Breckenridge, J., not participating.






SC88859

Richard G. and Jerri A. Carroll, the Surviving and Natural Parents of Jarrod M. Carroll, Appellants, vs. David K. Kelsey, Respondent.




Appellants' application for transfer from the Missouri Court of Appeals, No. WD66616, denied. Breckenridge, J., not participating.



SC88861

State of Missouri, Respondent, vs. Javonty R. Steward, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. WD66481, denied. Breckenridge, J., not participating.



SC88863

St. John's Regional Medical Center, a Missouri Non-Profit Corporation, Respondent, vs. Freeman Health System, a Missouri Non-Profit Corporation, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. SD26953, denied.


WRITS AND OTHER ORIGINAL PROCEEDINGS

SC88552

State ex rel. Paul Goodwin, Petitioner, vs. Donald P. Roper, Superintendent, Respondent.




Petition for writ of habeas corpus denied.



SC88573

State ex rel. Union Electric Company, d/b/a Ameren UE, Relator, vs. The Honorable David A. Dolan, Respondent.




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

 


SC88586

State ex rel. Davey Bickford SNC, Relator, vs. The Honorable Gary P. Kramer, Respondent.




Petition for writ of prohibition denied.

Relator's motion to strike Respondent's suggestions in opposition overruled as moot.



SC88587

State ex rel. Davey Bickford SNC, Relator, vs. The Honorable Timothy J. Wilson, Respondent.




Petition for writ of prohibition denied.

Relator's motion to strike Respondent's suggestions in opposition overruled as moot.



SC88588

State ex rel. Davey Bickford SNC, Relator, vs. The Honorable Timothy J. Wilson, Respondent.




Petition for writ of prohibition denied.

Relator's motion to strike Respondent's suggestions in opposition overruled as moot.



SC88589

State ex rel. Davey Bickford SNC, Relator, vs. The Honorable Timothy J. Wilson, Respondent.




Petition for writ of prohibition denied.

Relator's motion to strike Respondent's suggestions in opposition overruled as moot.




SC88590

State ex rel. Davey Bickford SNC, Relator, vs. The Honorable Timothy J. Wilson, Respondent.




Petition for writ of prohibition denied.

Relator's motion to strike Respondent's suggestions in opposition overruled as moot.



SC88624

State ex rel. Bacou-Dalloz, USA, Inc., et al., Relators, vs. The Honorable Michael B. Calvin, Respondent.




Petition for writ of prohibition denied.



SC88778

State ex rel. John Rogers, Relator, vs. The Honorable Robert S. Cohen, Respondent.




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



SC88779

State ex rel. Marianist Province of the United States, Relator, vs. The Honorable John A. Ross, Respondent.




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



SC88751

State ex rel. Richard M. Hilburn, Petitioner, vs. State of Missouri, Respondent.




Petition for writ of certiorari denied.



SC88796

State ex rel. Division of Employment Security, Relator, vs. The Honorable Patricia S. Joyce, Respondent.




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



SC88803

State ex rel. Regina A. Pricer and Kenneth W. Pricer, Relators, vs. The Honorable John R. O'Malley, Respondent.




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



SC88822

State ex rel. Wallace Leopold, Sr., Relator, vs. The Honorable Donald McCullin, Judge, and The St. Louis City Circuit Court, 22nd Judicial Circuit, Respondents.




Petition for writ of prohibition denied.



SC88826

State ex rel. Daniel Herrold, et al., Relators, vs. The Honorable Jay A. Daugherty, Respondent.




Petition for writ of mandamus denied.



SC88828

State ex rel. Courtney Antrim, Relator, vs. The Honorable Colleen Dolan, Respondent.




Petition for writ of prohibition denied.

 


SC88829

State ex rel. Kendra Nixon and Brian Nixon, Relators, vs. The Honorable David C. Dally, Respondent.




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



SC88830

State ex rel. J. Marty Robinson, Relator, vs. The Honorable Edward Sweeney, Respondent.




Petition for writ of prohibition denied.



SC88839

State ex rel. Maureen Boyle, M.D., and St. Joseph OB-GYN, Inc., Relators, vs. The Honorable Weldon C. Judah, Respondent.




Petition for writ of prohobition denied.



SC88820

State ex rel. Daniel W. Foster, Relator, vs. The Honorable Glenn Norton, et al., Respondents.




Petition for writ of mandamus denied.



SC88840

State ex rel. A. Carlton Young and Arline E. Young, Relators, vs. The Honorable Gael D. Wood, Respondent.




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



SC88841

State ex rel. James Cole, M.D., Relator, vs. The Honorable David B. Mouton, Respondent.




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



SC88837

State ex rel. Stanley L. Williams, Petitioner, vs. Mike Kemna, Respondent.




Petition for writ of habeas corpus denied.



SC88459

In re: Kevin D. Coan, Petitioner.




Petition for reinstatement denied.



SC88862

State ex rel. Allen W. Hause, Sr., Petitioner, vs. The Honorable Larry A. Bryson, et al., Respondents.




Petition for writ of certiorari denied.

 


SC88864

State ex rel. Mark Richard Kilmartin, Petitioner, vs. James Moore, Respondent.




Petition for writ of habeas corpus denied.


MOTIONS

SC88279

David Zink, Appellant, vs. State of Missouri, Respondent.




Appellant's motion to expand the record to include 29.15 discovery deposition of Sheriff Snodgrass ordered taken with the case.

Appellant's motion to accept pro se brief and transcript of interrogation statements referenced in pro se brief overruled.



Day - to - Day,


____________________________________
Laura Denvir Stith, Chief Justice

 

 

The next regular conference of Court en Banc will be on November 20, 2007.