Supreme Court of Missouri
en banc

June 26, 2001

OPINION BY LIMBAUGH, J.
SC82082 State of Missouri, Respondent, vs. Mark A. Christeson, Appellant.
AFFIRMED. Price, C.J., White, Holstein, Wolff and Benton, JJ., concur.
Stith, J., not participating.


OPINION BY HOLSTEIN, J.
SC83208 Lincoln Industrial, Inc., Appellant, vs. Director of Revenue, Respondent.
REVERSED AND REMANDED. Price, C.J., Limbaugh, White, Wolff and Benton, JJ., and Rahmeyer, Sp.J., concur. Stith, J., not participating.


OPINION BY WOLFF, J.
SC83409 Boone National Savings & Loan Association, F.A., Respondent, vs. Laura J. Crouch, Appellant.
AFFIRMED IN PART; REVERSED IN PART; REMANDED. Price, C.J., Limbaugh, White, Holstein and Benton, JJ., and Burger, Sp.J., concur. Stith, J., not participating.



PER CURIAM
SC83242 William W. Bradley, Jr., Respondent, vs. Betty Lee Bradley, Appellant.
AFFIRMED. Price, C.J., Limbaugh, White, Holstein, Wolff and Benton, JJ., and Ehlmann, Sp.J., concur. Stith, J., not participating.


PER CURIAM
SC83273 State of Missouri, Missouri Department of Social Services, Division of Aging, Respondent, vs. Brookside Nursing Center, Inc., d/b/a Brookside Nursing Center,
et al., Defendants, HCFP Funding, Inc., Appellant, and Terry C. Allen, Respondent.
REVERSED AND REMANDED. Price, C.J., Limbaugh, White, Holstein and Benton, JJ., concur; Wolff, J., concurs in part and dissents in part in separate opinion filed; Rahmeyer, Sp.J., concurs in opinion of Wolff, J. Stith, J., not participating.







MOTIONS FOR REHEARING
SC82406 William L. Rousan, Appellant, vs. State of Missouri, Respondent.
Appellant's motion for rehearing overruled. Stith, J., not participating.

SC82897 Robert R. and Signa M. Hermann, Appellants, vs. Director of Revenue, Respondent.
Appellants' motion for rehearing overruled. Stith, J., not participating.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC83625 Billy W. Campbell, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58104, denied. Stith, J., not participating.

SC83626 State of Missouri, Respondent, vs. Everett C. Ulshafer, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58060, denied. Stith, J., not participating.

SC83627 State of Missouri, Respondent, vs. David M. Robinson, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD57460, denied.

SC83628 Johnny L. Bowman, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58660, denied. Stith, J., not participating.


SC83629 State of Missouri, Respondent, vs. Andre L. Fulson, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58724, denied.

SC83630 Shane Conkin, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58566, denied.

SC83631 Lee Elbert, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58891, denied.

SC83632 State of Missouri, Respondent, vs. Charles D. Anglin, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58202, denied.

SC83633 Farmers' Electric Cooperative, Inc., Respondent, vs. Missouri Department of Corrections, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58424, sustained and cause ordered transferred.

SC83634 Dennis Paul Krider, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58053, denied.






SC83635 Sentinel Acceptance, Ltd., L.P., Appellant, vs. Hodson Auto Sales & Leasing, Inc., Defendant, and Janet L. Hodson, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD58605, denied.

SC83636 Northgate Apartments, L.P., Appellant, vs. City of Kansas City, Missouri, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD58650, denied. Stith, J., not participating.

SC83637 Joseph Moreland, Jr., Appellant, vs. Helen Marie Farren-Davis, Respondent, William Davis and Karen Davis, Defendants.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58536, sustained and cause ordered transferred. Stith, J., not participating.

SC83638 L.R.M., Respondent, vs. R.K.M., Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED77816, denied. Holstein, J., not participating.

SC83639 Kenneth Hall, Respondent, vs. Fru Con Construction Corp., Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED78355, denied.

SC83640 Marc Bowen, Appellant, vs. Missouri Department of Conservation and Jerry Conley, Director of the Missouri Department of Conservation, Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58711, denied. Stith, J., not participating.

Respondents' application for transfer from the Missouri Court of Appeals, No. WD58711, denied. Stith, J., not participating.

SC83641 Peter J. Bonanno, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58014, denied.

SC83642 Sondra Jean James, Respondent, vs. Jack J. James, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD23360, denied.

SC83643 State of Missouri, Respondent, vs. Chris K. Ritz, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58371, denied.

SC83644 Michelle Sandretto, Appellant, vs. Darrin Todd Sandretto, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58115, denied.

SC83645 Felicia N. Robinson, Appellant, vs. Health Midwest Development Group, d/b/a Lafayette Regional Health Center, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD58290, sustained and cause ordered transferred.

SC83647 Tammy Jean Callendar, Respondent, vs. Director of Revenue, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58353, denied. Stith, J., not participating.


SC83648 State of Missouri, Respondent, vs. Raymond D. White, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD57135, denied. Stith, J., not participating.

SC83653 State of Missouri, Respondent, vs. Charles Caviness, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD23012, denied.

SC83656 Leroy Blackwell, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED77906, denied.

SC83657 Carl James, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED77934, denied.

SC83658 Ivan Wilkerson, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED78085, denied.

SC83660 State of Missouri, Respondent, vs. Crawford Times, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED77141, denied.

SC83662 State of Missouri, Respondent, vs. Billy Williams, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED77151, denied.

SC83664 Gary Vanwinkle, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD23798, denied.

SC83665 State of Missouri ex rel. Billy J. Brandon, Relator, vs. The Honorable David A. Dolan, Judge of the Circuit Court of Scott County, Missouri, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD23979, denied.

SC83666 Real Estate Investors Four, Inc., f/k/a Nusrala Four, Inc., Respondent, vs. American Design Group, Inc., Appellant, and American Design Properties, Inc., Defendant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED77614, denied.

SC83667 William Motley, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED77247, denied.

SC83668 Thomas Wolfe, a/k/a Ragnar, Appellant, vs. John Gramlich, d/b/a Summit Self Storage Company, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58771, denied.

SC83669 Shawn C. Haynes, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58886, denied.


SC83670 Randall Brown, Appellant, vs. State of Missouri, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD58341, denied.

SC83673 Dennis R. Zimmerman, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58556, denied.

SC83675 State of Missouri, Respondent, vs. Jack E. Kohser, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD23707, denied.

SC83676 United Fire & Casualty Company, Appellant, vs. Michelle Tharp, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD23606, denied.

SC83678 State of Missouri, Respondent, vs. Marvin Stewart, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED77949, denied.

SC83679 Sebastian Rucci, Appellant, vs. City of Eureka, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED77496, denied.


SC83681 State of Missouri, Respondent, vs. Phillip Rath, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD23706, denied.

SC83682 State of Missouri, Respondent, vs. Nathan E. Hawkins, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED76820, sustained and cause ordered transferred.

SC83683 State of Missouri, Respondent, vs. Jeff Davison, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD58231, denied. Stith, J., not participating.

SC83685 Vicki Howell, individually and representatively, Appellant, vs. Lone Star Industries, Inc., Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED78176, denied.

SC83686 E. Michael Wayland, Appellant, vs. Nationsbank, N.A., Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED77836, denied.

SC83687 State of Missouri, Missouri Department of Mental Health, and Southeast Missouri Mental Health Center, Appellants, vs. Brian George, Respondent.
Appellants' application for transfer from the Missouri Court of Appeals, No. SD24010, denied.


SC83688 State of Missouri, Respondent, vs. Dmitri Bell, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED78032, denied.

SC83689 State of Missouri, Respondent, vs. Louis Clark, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED77197, denied.

SC83690 Sandra W. Warner, Respondent, vs. Charles H. Warner, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58469, denied. Stith, J., not participating.

SC83691 State of Missouri ex rel. Wilbur M. Laulo, et al., Appellants, vs. Jonathan Selsor, et al., Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED78060, denied.

SC83693 State of Missouri, Respondent, vs. Donnie L. Fisher, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58594, denied.

SC83694 Keith D. Washington, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58520, denied.


SC83696 Tyrone Williams, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58467, denied. Stith, J., not participating.

SC83697 Tracey L. Farmer-Cummings, Appellant, vs. Future Foam, Inc., and Personnel Pool of Platte County, Respondents.
Respondent Personnel Pool of Platte County's application for transfer from the Missouri Court of Appeals, No. WD58393 consolidated with WD58429, denied.

SC83698 D.S. Sifers Corporation, Appellant, vs. Leo Hallak, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD58295, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS
SC83589 State ex rel. James M. Boxley, Petitioner, vs. Bull Burgess, Superintendent, Maryville Treatment Center, Respondent.
Petition for writ of habeas corpus denied. Stith, J., not participating.

SC83601 State ex rel. St. Anthony's Medical Center, Relator, vs. The Honorable Mark D. Seigel, Judge, Circuit Court of St. Louis County, Missouri, Respondent.
Petition for writ of prohibition denied.

SC83596 State ex rel. Bruce A. Roath, Petitioner, vs. Missouri Court of Appeals, Western District, Respondent.
Petition for writ of mandamus denied.


SC83652 State ex rel. Ahmad M. Hooshmand, M.D., and Jefferson City Medical Group, P.C., Relators, vs. The Honorable Patricia Joyce, Respondent.
Petition for writ of prohibition denied.

SC83577 State ex rel. Derek Q. James, Petitioner, vs. Kelly Lock, Superintendent, Respondent.
Petition for writ of habeas corpus denied.

SC81995 In re: Gwen G. Caranchini, Petitioner.
Petition for reinstatement denied.

SC83646 State ex rel. James Dooley, Petitioner, vs. The Honorable Mary Gruiman, Respondent.
Petition for writ of mandamus denied.

SC83677 State ex rel. Joseph Rodney Spencer, Petitioner, vs. Mike Kemna and Jeremiah W. (Jay) Nixon, Attorney General, Respondents.
Petition for writ of habeas corpus denied.

SC83695 State ex rel. Robert Mullaly, Petitioner, vs. Michael Kemna, Respondent.
Petition for writ of habeas corpus denied.





MOTIONS
SC82743 State of Missouri, Respondent, vs. Bobby Joe Mayes, Appellant.
Appellant's motion to strike respondent's assertions that Bobby never asserted his fifth amendment rights ordered taken with the case.

Respondent's suggestions in opposition to appellant's motion to strike respondent's assertions that Bobby never asserted his fifth amendment rights and respondent's motion to strike the exhibits attached to appellant's motion ordered taken with the case.

SC76225 State of Missouri, Respondent, vs. Jeffrey Lane Tokar, Appellant.
Appellant's motion to recall the mandate overruled. White, J., not participating.





Day - to - Day,


________________________
William Ray Price, Jr.
Chief Justice




The next regular conference of Court en Banc will be on August 21, 2001.