Supreme Court of Missouri
en banc

September 25, 2007

 

MOTIONS FOR REHEARING

SC88012

Douglas L. Daugherty, Appellant, vs. The City of Maryland Heights, Respondent.




Respondent's motion for rehearing overruled. Breckenridge, J., not participating.


APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC88584

Steven Crenshaw, Appellant, vs. State of Missouri, Respondent.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88500, sustained and cause ordered transferred. Breckenridge, J., not participating.



SC88609

Linda Peoples, Appellant, vs. Special School District of St. Louis County, Respondent.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88639, denied. Breckenridge, J., not participating.



SC88696

In the Interest of K.M.B. Greene County Juvenile Office, Respondent, vs. Roger Bonich, Jr., Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. SD28135, denied. Breckenridge, J., not participating.



SC88698

R & J Rhodes, LLC, Appellant, vs. Jerry Finney, et al., Respondents.




Appellant's application for transfer from the Missouri Court of Appeals, No. WD66588, denied. Breckenridge, J., not participating.



SC88701

Building Owners & Managers Association of Greater Kansas City, et al., Respondents, vs. City of Kansas City, Missouri, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. WD66618, denied. Breckenridge, J., not participating.



SC88706

Glasgow Enterprises, Inc., Appellant, vs. Ann Kusher, et al., Respondents.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88472, denied. Breckenridge, J., not participating.



SC88712

Leesa Parish, et al., Appellants, vs. Novus Equities Company, et al., Respondents.




Appellants' application for transfer from the Missouri Court of Appeals, No. ED88842, denied. Breckenridge, J., not participating.



SC88713

State of Missouri, Respondent, vs. Antonio Toran, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED87926, denied. Breckenridge, J., not participating.



SC88714

Beverly Enterprises, Plaintiff, John Shipman and Esther Shipman, Appellants, vs. Paradigm Health Corporation, Respondent.




Appellants' application for transfer from the Missouri Court of Appeals, No. WD67536, denied. Breckenridge, J., not participating.



SC88715

Richard Krastanoff, Respondent, vs. John Williams, Appellant, Mia Williams, Defendant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88947, denied. Breckenridge, J., not participating.



SC88716

Lutz Building Corporation, Respondent, vs. Donald Scott and Carolyn Scott, Appellants.




Appellants' application for transfer from the Missouri Court of Appeals, No. WD67562, denied. Breckenridge, J., not participating.



SC88717

Bobby Joe Wilson, Appellant, vs. State of Missouri, Respondent.




Appellant's application for transfer from the Missouri Court of Appeals, No. WD66916, denied. Breckenridge, J., not participating.




SC88718

State of Missouri, Respondent, vs. Thomas M. Brown, Jr., Appellant.




Respondent's application for transfer from the Missouri Court of Appeals, No. WD66219, denied. Breckenridge, J., not participating.



SC88722

Celia L. Hale, et al., Respondents, vs. Wal-Mart Stores, Inc., et al., Appellants.




Appellants' application for transfer from the Missouri Court of Appeals, No. WD66162, denied. Breckenridge, J., not participating.



SC88723

Shawn A. Collins, Appellant, vs. State of Missouri, Respondent.




Appellant's application for transfer from the Missouri Court of Appeals, No. WD66773, denied. Breckenridge, J., not participating.



SC88724

Perfectstop Partners, L.P., et al., Respondents, vs. U.S. Bank, et al., Appellants.




Respondents' application for transfer from the Missouri Court of Appeals, No. WD66865, denied. Breckenridge, J., not participating.



SC88725

State of Missouri, Respondent, vs. Terry Young, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. WD65908, denied. Breckenridge, J., not participating.



SC88726

Betty G. Weldon Revocable Trust by Larry M. Vivion and Richard F. McGonegal as successor trustees, et al., Defendants, vs. Betty G. Weldon, by and through her next friend, et al., Plaintiff, Frank Weldon and Sally Proctor, Appellants-Respondents, Lenore Weldon, Respondent-Appellant.




Appellant-Respondent Sally Proctor's application for transfer from the Missouri Court of Appeals, No. WD66078, WD66079, WD66113, and WD66114, denied. Limbaugh, Russell and Breckenridge, JJ., not participating.



SC88727

Lobo Painting, Inc., Appellant, vs. Lamb Construction Company, Respondent.




Respondent's application for transfer from the Missouri Court of Appeals, No. ED88807, denied. Breckenridge, J., not participating.



SC88730

Mary Margaret Holtgrewe, Appellant, vs. Kurt Lawrence Holtgrewe, Respondent, Marlene V. Holtgrewe, Third Party Respondent.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88137, denied. Breckenridge, J., not participating.



SC88731

Stephen R. Stiens and Susan Stiens, Respondents, vs. Greg Stiens, Appellant, Teresa Schneider, Defendant.




Appellant's application for transfer from the Missouri Court of Appeals, No. WD66914, denied. Breckenridge, J., not participating.



SC88733

Richard A. Sprague, Appellant, vs. Citizens Bank and Trust Company, Respondent.




Appellant's application for transfer from the Missouri Court of Appeals, No. WD66333, denied. Breckenridge, J., not participating.



SC88734

Susan L. Held, Respondent, vs. Richard M. Held, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88188, denied. Breckenridge, J., not participating.



SC88743

Wilda J. Taylor, Appellant, vs. William R. Compere and Compere & Robinette, CPA's P.C., Respondents.




Respondents' application for transfer from the Missouri Court of Appeals, No. SD27705, denied. Breckenridge, J., not participating.



SC88747

State of Missouri, Respondent, vs. Ben Burse, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88666, denied. Breckenridge, J., not participating.



SC88749

Cynthia Kleim, Appellant, vs. Gregory Sansone, Respondent.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED89162, sustained and cause ordered transferred. Breckenridge, J., not participating.



SC88753

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




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88203, denied. Breckenridge, J., not participating.



SC88754

State of Missouri, Respondent, vs. Rodney McIntosh, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88453, denied. Breckenridge, J., not participating.



SC88755

Ellen Smith, Appellant, vs. International Catering North, Inc., d/b/a The Ambassador, Respondent.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88897, denied. Breckenridge, J., not participating.



SC88758

State of Missouri, Respondent, vs. Christopher Gray, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. SD27700, SD27701 & SD27702, denied. Breckenridge, J., not participating.



SC88759

Boaz Rafaeli, Appellant, vs. Howard Shalowitz, Respondent.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88274, denied. Teitelman and Breckenrige, JJ., not participating.



SC88761

James A. Finnegan, Appellant, vs. Old Republic Title Co. of St. Louis, Respondent.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88957, sustained and cause ordered transferred. Breckenridge, J., not participating.



SC88762

Lisa L. Rokusek and Jennifer Human, Appellants, vs. Security Title Insurance Company and Security Title Insurance Agency, Respondents.




Appellants' application for transfer from the Missouri Court of Appeals, No. ED88953, sustained and cause ordered transferred. Breckenridge, J., not participating.



SC88763

Lisa L. Rokusek and Jennifer Human, Appellants, vs. Commonwealth Land Title Insurance Company, Respondent.




Appellants' application for transfer from the Missouri Court of Appeals, No. ED88958, sustained and cause ordered transferred. Breckenridge, J., not participating.



SC88764

Bryan Gavan, Appellant, vs. Bituminous Casualty Corporation, et al., Respondents.




Respondents' application for transfer from the Missouri Court of Appeals, No. ED88258, sustained and cause ordered transferred. Breckenridge, J., not participating.



SC88765

State of Missouri, Respondent, vs. Darin M. Knipp, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88415, denied. Breckenridge, J., not participating.



SC88766

State of Missouri, Respondent, vs. Darin M. Knipp, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88399, denied. Breckenridge, J., not participating.



SC88768

In re the Interest of: W.J.S.M., a minor child Kathryn Herman, Juvenile Officer, Respondent, vs. M.H., the child's natural mother, Appellant.




Appellant's application for transfer from the Missouri Court of Appeals, No. ED88904, denied. Breckenridge, J., not participating.




SC88775

Amber Strader, Respondent, vs. Progressive Insurance, Appellant.




Respondent's application for transfer from the Missouri Court of Appeals, No. SD28044, denied. Breckenridge, J., not participating.



SC88776

State of Missouri, ex rel. Jeremiah W. Nixon, Attorney General, State of Missouri, Respondent, vs. Richard Dale Peterson, Appellant.




Respondent's application for transfer from the Missouri Court of Appeals, No. WD67494, sustained and cause ordered transferred. Breckenridge, J., not participating.




SC88780

Peggy Green, et al., Respondents, vs. Fred Weber, Inc., Appellant.




Respondents' application for transfer from the Missouri Court of Appeals, No. ED89176, sustained and cause ordered transferred. Breckenridge, J., not participating.


WRITS AND OTHER ORIGINAL PROCEEDINGS

SC88634

State ex rel., Deborah L. Burris, Relator, vs. The Honorable Gerald D. McBeth, Respondent.




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



SC88697

State ex rel. Semsa Selimanovic, et al., Relators, vs. The Honorable Robert Dierker, Jr., Respondent.




Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc within thirty days. Breckenridge, J., not participating.



SC88667

State ex rel. Otis L. Smith, Petitioner, vs. Dave Dormire, Respondent.




Petition for writ of habeas corpus denied. Breckenridge, J., not participating.



SC88703

State ex rel. Lonnie Wolford, Petitioner, vs. Jim Moore, Superintendent, Respondent.




Petition for writ of habeas corpus denied. Breckenridge, J., not participating.

 


SC88676

State ex rel. Brian C. Bellon, Petitioner, vs. James Purkett, Respondent.




Petition for writ of habeas corpus denied. Breckenridge, J., not participating.



SC88708

State ex rel. Elliot Kaplan and Jeanne Kaplan, Relators, vs. The Honorable Jon R. Gray, Respondent.




Petition for writ of mandamus or, in the alternative, prohibition denied. Stith, C.J., and Breckenridge, J., not participating.



SC88719

State ex rel. Michael West, Petitioner, vs. Alan B. Stahl, Director, Respondent.




Petition for writ of habeas corpus denied. Breckenridge, J., not participating.

Petitioner's motion for expedited consideration overruled as moot. Breckenridge, J., not participating.



SC88732

State ex rel. Vera Kaye Baker, Relator, vs. The Honorable Stanley Moore, Respondent.




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



SC88735

State ex rel. Michael Gold, Relator, vs. The Honorable Thomas C. Grady, Respondent.




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




SC88737

State ex rel. Richard D. Peterson, Petitioner, vs. Jim Moore, Superintendent, Respondent.




Petition for writ of habeas corpus denied. Breckenridge, J., not participating.



SC88738

State ex rel. Kenneth Robinson, Petitioner, vs. James Purkett, Respondent.




Petition for writ of habeas corpus denied. Breckenridge, J., not participating.



SC88739

State ex rel. Vincent Ventimiglia, Relator, vs. The Honorable Richard Bresnahan, Respondent.




Petition for writ of mandamus or, in the alternative, a writ of prohibition denied. Breckenridge, J., not participating.



SC88740

State ex rel. James Morgan, Petitioner, vs. The Honorable Philip Heagney, Respondent.




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



SC88741

State ex rel. Mistie R. Peil, M.D., et al., Relators, vs. The Honorable Gene Hamilton, Respondent.




Petition for writ of prohibition denied. Russell and Breckenridge, JJ., not participating.



SC88742

State ex rel. Steve Dickey, William Wolfe, and Timber Resources, Inc., Relators, vs. The Honorable Sandra Martinez, Respondent.




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



SC88721

State ex rel. Robert T. Poucher, Relator, vs. The Honorable David Lee Vincent, III, et al. Respondents.




Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc within thirty days. Breckenridge, J., not participating.



SC88688

State ex rel. David R. Alexander, Petitioner, vs. Troy Steele, Superintendent, Respondent.




Petition for writ of habeas corpus denied. Breckenridge, J., not participating.

Petitioner's request/motion for Court to order the Respondent to show cause why the writ shall not be granted overruled as moot. Breckenridge, J., not participating.

Petitioner's request/motion for Court to issue a preliminary writ and appoint master overruled as moot. Breckenridge, J., not participating.



SC88748

State ex rel. A.G. Edwards, Inc., and A.G. Edwards & Sons, Inc., Relators, vs. The Honorable Angela T. Quigless, Respondent.




Petition for writ of prohibition denied. Limbaugh and Breckenridge, JJ., not participating.



SC88750

State ex rel. Robert Kelly, Petitioner, vs. Michael Kemna, Warden, Respondent.




Petition for writ of habeas corpus denied without prejudice pursuant to Rule 91.02(a). Breckenridge, J., not participating.



SC88746

State ex rel. Steven Lee Anderson, Relator, vs. The Honorable David Dolan, Respondent.




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



SC88756

State ex rel. Samuel K. Lipari, Relator, vs. The Honorable Michael W. Manners, Respondent.




Petition for writ of mandamus denied. Russell and Breckenridge, JJ., not participating.



SC88757

State ex rel. Eric Wilson, Petitioner, vs. U.S. Court of Appeals of the Eighth Circuit, Respondent.




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



SC88695

State ex rel. Marvel A. Lowe, Petitioner, vs. State of Missouri, Respondent.




Petition for writ of habeas corpus denied. Breckenridge, J., not participating.



SC88771

State ex rel. Jackie Brooks, Petitioner, vs. Ferguson-Florissant School District R-2, Respondent.




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



SC88777

State ex rel. Fidelity National Title Insurance Company, Relator, vs. The Honorable Nancy Schneider, Respondent.




Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc within thirty days. Breckenridge, J., not participating.

Plaintiff's motion to limit any preliminary or interim writ of Prohibition to only prohibiting enforcement of paragraph 3 of the Circuit Court's order of
August 3, 2007, writ exhibit 4, overruled as moot. Breckenridge, J., not participating.


MOTIONS

SC88442

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




Appellant's motion for equitable estoppel and motion to strike and response overruled. Breckenridge, J., not participating.



SC85771

State ex rel. Lawrence Dale Spidle, Petitioner, vs. State of Missouri, Respondent.




Petitioner's motion to recall the mandate for reversible error overruled. Breckenridge, J., not participating.



SC88516

Frederick Spencer, Appellant, vs. State of Missouri, Respondent.




Appellant's motion for judicial notice and transfer of certain legal file appendices already filed with this Court to this case overruled. Breckenridge, J., not participating.



SC88456

State ex rel. Raymond Bloomquist, D.O., Relator, vs. The Honorable Nancy L. Schneider, Respondent.




Respondent's motion to strike relator's reply brief ordered taken with the case. Breckenridge, J., not participating.



SC88662

State ex rel. Jerry L. Chevalier, et al., Relators, vs. The Honorable Thomas C. Clark, Respondent.




Relators' motion to strike ordered taken with the case. Breckenridge, J., not participating.



Day - to - Day,


____________________________________
William Ray Price, Jr., Acting Chief Justice



The next regular conference of Court en Banc will be on
October 30, 2007.