Supreme Court of Missouri
en banc

 
May 29, 2007

 

 

OPINION BY WOLFF, C.J.

SC87980

Independence-National Education Association, Independence-Transportation Employees Assocation, Independence-Educational Support Personnel, Randi Louise Mallett, and Ron Cochran, Appellants, vs. Independence School District, Respondent.

REVERSED AND REMANDED. Stith, Teitelman, Russell and White, JJ., concur; Price, J., concurs in part and dissents in part in separate opinion filed;
Limbaugh, J., concurs in opinion of Price, J.


OPINION BY PRICE, J.

SC87785

State of Missouri, Respondent, vs. Gary W. Black, Appellant.

REVERSED AND REMANDED. All concur.


OPINION BY PRICE, J.

SC88020

Holly Todd and Kodey Todd, by and through Next Friend Holly Todd, Appellants, vs. Missouri United School Insurance Council, Respondent.

AFFIRMED. All concur.



OPINION BY TEITELMAN, J.

SC88013

Frankie Ray Vanderpool III, Repondent, vs. Director of Revenue, Appellant.

REVERSED AND REMANDED. All concur.


OPINION BY LIMBAUGH, J.

SC87816

Richard D. Weinstein, Appellant, vs. KLT Telecom, Inc., Respondent.

REVERSED AND REMANDED. Wolff, C.J., Stith, Price and Teitelman, JJ., concur; White, J., dissents in separate opinion filed; Russell, J., concurs in opinion of White, J.


OPINION BY WHITE, J.

SC88232

Jerry L. Crockett, Respondent, vs. Thomas O. Polen, Appellant.

AFFIRMED. All concur.



MOTIONS FOR REHEARING

SC87771

Lani Meyer, by and through her next friend, Rebecca Coplin, Appellant, vs. Fluor Corporation, et al., Respondents.

Respondents' joint motion for rehearing overruled.

 

SC88075

Saint Louis University, Respondent, vs. The Masonic Temple Association of St. Louis, et al., Appellants.

Appellants' motion for rehearing overruled.


APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC88353

Kerry Brooks, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD27682, sustained and cause ordered transferred.

 

SC88386

Department of Social Services, Division of Medical Services, Appellant, vs. John Mellas, M.D., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD66602, denied.

 

SC88428

Hardcore Concrete, LLC, Respondent, vs. Fortner Insurance Services, Inc., Respondent, and Med James, Inc., Appellant.

Respondent Hardcore Concrete, LLC's application for transfer from the Missouri Court of Appeals, No. SD27437, denied.

 

SC88430

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

Respondent's application for transfer from the Missouri Court of Appeals, No. WD66879, sustained and cause ordered transferred.


SC88437

Maurice Gash and Nancy Gash, Appellants-Respondents, vs. Lafayette County and Lafayette County Commission, Respondents-Appellants.

Appellants-Respondents' application for transfer from the Missouri Court of Appeals, No. WD65589 (consolidated with WD65605), sustained and cause ordered transferred.


SC88438

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

Appellant's application for transfer from the Missouri Court of Appeals, No. WD65099, sustained and cause ordered transferred.


SC88441

State of Missouri ex rel. Missouri State Board of Pharmacy, Respondent, vs. Administrative Hearing Commission, John J. Kopp, Commissioner, Defendant, Med4Home, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD66401, denied.


SC88443

State of Missouri, Respondent, vs. Kitchrell Perkins, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED87893, denied.


SC88444

State of Missouri, Respondent, vs. Lance W. Livingston, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD64677, denied.


SC88445

Knob Noster R-VIII School District, Respondent, vs. Ron Dankenbring d/b/a Ron Dankenbring Masonry, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD66923, denied.


SC88446

State of Missouri, Respondent, vs. William Fitzgerald Harrison, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD65194, denied.


SC88448

State of Missouri ex inf. Michael Sanders, ex rel. City of Lee's Summit, Respondent, vs. City of Lake Lotawana, et al., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD66758, denied.


SC88449

State of Missouri, Respondent, vs. Gary V. Reilly, Jr., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD28351, denied.


SC88451

Trevor Baggett, by and through his next friend, Victoria Baggett, Appellant, vs. David Flinn and Mark Anthony Shuck, Jr., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED87915, denied.


SC88458

U.S. Bank National Association, Respondent, vs. Air Pip, Inc., et al., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED88020, denied.


SC88463

Xiangyuan Zhu, Appellant, vs. Deanna L. McCune, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD65044, denied.


SC88464

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

Respondent's application for transfer from the Missouri Court of Appeals, No. ED88881, sustained and cause ordered transferred.


SC88467

William Ray Gruver, Jr., and Cathy Lynn Gruver, Appellants, vs. Daniel Lee Gill, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED88728, denied.



SC88470

Scott Huber and Stephanie Huber, Appellants, vs. Wells Fargo Home Mortgage, Inc., and Franklin American Mortgage Company, Respondents.

Respondent Wells Fargo Home Mortgage, Inc.'s application for transfer from the Missouri Court of Appeals, No. ED88183, sustained and cause ordered transferred. Price, J., not participating.


SC88471

David P. Oetting, Appellant, vs. Lewis, Rice & Fingersh, L.C., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED88806, denied.


SC88474

Jost Associates, L.P., Appellant, vs. St. Louis County, Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED88012, denied.


SC88479

Steven and Ruth Mitchell, et al., Respondents, vs. Residential Funding Company, LLC, f/k/a Residential Funding Corporation, et al., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD67799, denied.


SC88483

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

Appellant's application for transfer from the Missouri Court of Appeals, No. SD27529, sustained and cause ordered transferred.


SC88485

State of Missouri, Respondent, vs. John A. Worrall, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED87162, denied.


SC88486

In the Interest of R.P.C. M.C. and D.C., Appellants, vs. Wright County Juvenile Office and Missouri Department of Social Services, Children's Division, Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD27790, denied.


SC88488

Ricky Lee Beach, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD27918, denied.


SC88489

Margulis, Grant & Margulis, P.C., and Arthur Margulis, Respondents, vs. The Bar Plan Mutual Insurance Company, Appellant, and Richard Neiswonger, Defendant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED88444, denied.


SC88491

State of Missouri, Respondent, vs. Marlow J. Johnson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED87550, denied.


SC88492

Lloyd E. Grass, Appellant/Cross-Respondent, vs. State of Missouri, Respondent/Cross-Appellant.

Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Nos. ED87708, ED87751, ED87792, and ED87816, denied.


SC88493

Robert C. Egan, M.D., Appellant, vs. St. Anthony's Medical Center, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED88783, sustained and cause ordered transferred.


SC88507

Dorothy N. Mallek, Appellant, vs. First Banc Insurors Agency, et al., Respondents.

Respondents' application for transfer from the Missouri Court of Appeals, No. ED88567, denied.


SC88508

State of Missouri, Respondent, vs. Helen Van Anderson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD27646, denied.


SC88510

Algonquin Golf Club, et al., Appellants, vs. State Tax Commission of Missouri and Philip A. Muehlheausler, Assessor of St. Louis County, Respondents.

Respondent Philip A. Muehlheausler's application for transfer from the Missouri Court of Appeals, No. ED87894, denied.



SC88511

CADCO, Inc., and Bankers National, Inc. d/b/a Imperial Homes, Inc., Respondents/Cross-Appellants, vs. Fleetwood Enterprises, Inc., and Fleetwood Homes of Texas, L.P., Successor to Fleetwood Homes of Texas, Inc., Appellants/Cross-Respondents.

Appellants/Cross-Respondents' application for transfer from the Missouri Court of Appeals, No. ED87066 and ED87082 (consolidated), denied.


SC88512

State of Missouri, Respondent, vs. Richard Mayfield, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED87375, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC88369

State ex rel. Bernie Farmer, Petitioner, vs. State of Missouri, Respondent.

Petition for writ of habeas corpus denied.


SC88429

State ex rel. David Phillips, et al., Relators, vs. The Honorable Thomas L. Ray, Respondent.

Petition for writ of prohibition denied.


SC88435

State ex rel. Christopher J. Cagna, Petitioner, vs. State of Missouri, Respondent.

Petition for writ of habeas corpus denied.



SC88416

State ex rel. Mike E. Rauch, Relator, vs. Missouri Court of Appeals, Western District, Respondent.

Petition for writ of mandamus denied.


SC88439

State ex rel. William M. Wolfe, and Chevron/Sierra Land Co., L.L.C., Relators, vs. The Honorable Donald L. Barnes, Respondent.

Petition for writ of prohibition denied.


SC88447

State ex rel. Reginald D. Wilson, Petitioner, vs. The Honorable Timothy J. Wilson, Respondent.

Petition for writ of mandamus denied


SC88403

State ex rel. Leslie Harris, Petitioner, vs. Al Luebbers, Respondent.

Petition for writ of habeas corpus denied.


SC88452

State ex rel. Sandberg Phoenix and von Gontard, P.C. and Howard Becker, Relators, vs. The Honorable Dennis M. Schaumann, Respondent.

Petition for writ of prohibition and/or mandamus denied.



SC88453

State ex rel. Ambassador Properties, L.L.C. and Karl Thomas, Relators, vs. The Honorable Thomas C. Clark, Respondent.

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

 

SC88454

State ex rel. Carmen Deck, Relator, vs. The Honorable Gary P. Kramer, Respondent.

Petition for writ of mandamus, or in the alternative, petition for writ of prohibition denied.

Respondent's motion for order to have the circuit court conduct a full hearing overruled.

 

SC88456

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

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

 

SC88460

State ex rel. City of Kansas City, Missouri, Relator, vs. The Honorable Kelly J. Moorhouse, Respondent.

Petition for writ of prohibition denied.


SC88461

State ex rel. Captain James Harmon, et al., Relators, vs. The Honorable Kelly J. Moorhouse, Respondent.

Petition for writ of prohibition denied.


SC88469

State ex rel. John Rapheld, Petitioner, vs. James Purkett, Superintendent, Respondent.

Petition for writ of habeas corpus denied.


SC88473

State ex rel. Chul Kim, M.D., Angela Patterson, M.D. and Westwood Medical Clinic, Inc., Relators, vs. The Honorable William C. Seay, Respondent.

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


SC88484

State ex rel. Rick E. Watson, Relator, vs. The Honorable Timothy Perigo, Respondent.

Petition for writ of prohibition denied.


SC88495

State ex rel. Jeffrey S. Corsiglia, Petitioner, vs. Larry Denney, Superintendent, Respondent.

Petition for writ of habeas corpus denied.


SC88433

State ex rel. Irving James Berry, Petitioner, vs. State of Missouri, et al., Respondents.

Petition for writ of declaratory judgment denied.


SC88436

State ex rel. Michael Wanner, Relator, vs. Jim Moore, Respondent.

Petition for writ of habeas corpus denied.


SC88505

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

Petition for writ of habeas corpus denied.



MOTIONS

SC88440

Gary V. Reilly, Jr., Petitioner, vs. State of Missouri, Respondent.

Petitioner's motion for bond reduction overruled.


SC88083

In re: Valerian Clyde Cahill, Petitioner.

Petitioner's motion to waive MCLE delinquencies overruled.




Day - to - Day,


____________________________________
William Ray Price, Jr., Acting Chief Justice


The next regular conference of Court en Banc will be on
June 26, 2007.