Supreme
Court of
en banc
OPINION BY LIMBAUGH, J.
SC80717 State of
AFFIRMED. Price, C.J.,
Sp.J.,
concur.
OPINION BY WHITE, J.
SC81683 KJC Development Corporation,
Appellant, vs. Land Trust of
REVERSED AND REMANDED. All concur.
OPINION BY WHITE, J.
SC81836 Sara Beth Silcox, Respondent, vs. Amberis David Silcox, Appellant, David Amberis Silcox, Jr., Third Party Respondent.
AFFIRMED IN PART; REVERSED IN PART;
REMANDED. Price, C.J., Limbaugh,
OPINION BY
SC81651 Behlmann Pontiac GMC Truck, Inc., Appellant, vs. Stephen R. Harbin, Respondent.
REVERSED AND REMANDED. All concur.
OPINION BY WOLFF, J.
SC81589 Gary Goings, Appellant, vs. Missouri Department of Corrections, Respondent.
REVERSED AND REMANDED. All concur.
PER CURIAM
SC81760 Hannah Searcy, Respondent, vs. John and Linda Seedorff, Appellants, Ricki Lee Searcy and James Kennedy, Respondents.
REVERSED AND REMANDED. All concur.
APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC81802 State of
Appellant's application for transfer from the Missouri Court of Appeals, No. ED74568, denied.
SC82073 State of
respondent's application for transfer from the Missouri Court of Appeals, No. WD55783, denied.
SC82114 Shannon Lewis, Appellant/Cross-Respondent, vs. FAG Bearings Corporation, Respondent/Cross-Appellant.
Respondent/Cross-Appellant's
application for transfer from the
SC82120
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56562, denied.
SC82122 Monica M. Nandan, Appellant/Cross-Respondent, vs. Catherine J. Drummond, Respondent/Cross-Appellant.
Appellant/Cross-Respondent's
application for transfer from the Missouri Court of Appeals, Nos. WD55333,
WD55334 and WD55462, denied. Price, C.J., and
Respondent/Cross-Appellant's
motion to strike filing of suggestions in support of alternative motion for
rehearing en banc by Appellant/Cross-Respondent Monica M. Nandan overruled.
Price, C.J., and
SC82123 Johnnie L. Austin, Appellant, vs.
State of
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56733, denied.
SC82124 Theodore Short Trust and Elinor K. Short Trust, Under Trust Agreements dated August 18, 1969, Mercantile Bank of Springfield, Trustee, Respondents, vs. Charles A. Fuller, Jr., Personal Representative of the Estate of Theodore G. Short, Deceased, et al., Respondents/Appellants, and Pam Chinnis, et al., Appellants/Respondents.
Appellant/Respondents Pam Chinnis, et al.'s application for transfer from the Missouri Court of Appeals, Nos. SD22681, SD22683, SD22740 and SD22741, denied.
Respondents Michael F. Kelly , Molly Kelly Martin and Timothy L. Kelly's application for transfer from the Missouri Court of Appeals, Nos. SD22681, SD22683, SD22740 and SD22741, denied.
SC82126 Vincent J. Kee, Appellant, vs. State
of
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56530, denied.
SC82127 State of
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56029, denied.
SC82133 Barbara E. Greer, Respondent, vs. Continental Gaming Company, et al., Appellants.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD55937, denied.
SC82134 Carolyn D. Parr, Respondent, vs. James K. Parr and Madeleine Carr, Appellants.
Appellants' application for transfer
from the
SC82135 Gwen E. Anderson, Appellant/Cross-Respondent, vs. Norman E. Anderson, Respondent/Cross-Appellant.
Respondent/Cross-Appellant's
application for transfer from the
SC82137 Brian Edward Endsley, Respondent, vs.
Director of Revenue, State of
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56653, denied.
SC82141 In the Interest of Z.H. and Juvenile Officer, Respondents, vs. G.H. (Natural Father), Appellant.
Respondent Juvenile Officer's
application for transfer from the
SC82142 Bobby Baty and Judy Baty, Respondents, vs. Gail Layton and Kathy Layton, Appellants.
Appellants' application for transfer
from the
SC82128 State of
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56304, denied.
SC82129 Willie D. Ware, Appellant, vs. State
of
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56433, denied.
SC82130 State of
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56119, denied.
SC82131 Alonzo D. Coleman, Appellant, vs.
State of
Appellant's application for transfer from the Missouri Court of Appeals, No. WD55925, denied.
SC82136 State of
Appellant's application for transfer from the Missouri Court of Appeals, No. WD53553, denied.
SC82138 John Paul Keefer, Appellant, vs. State
of
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56449, denied.
SC82143 John Bushdiecker, Appellant, vs. State
of
Appellant's application for transfer from the Missouri Court of Appeals, No. ED75248, denied.
SC82145 State Farm Mutual Automobile Insurance Company, Respondent, vs. Linda D. Bridges, Appellant, and William J. Bridges and Elton R. Markham, Defendants.
Appellant Linda D. Bridges'
application for transfer from the
SC82152 State of
Appellant's application for transfer from the Missouri Court of Appeals, No. ED74317, denied.
SC82153 State of
Appellant's application for transfer from the Missouri Court of Appeals, No. ED74900, denied.
SC82154 State of
Respondent's application for transfer from the Missouri Court of Appeals, No. ED74442, denied.
SC82155 American States Insurance Company, a corporation, Respondent, vs. Kenneth Vortherms, et al., Appellants.
Appellants R.E. Henges, Inc., and Ronald E. Henges' application for transfer from the Missouri Court of Appeals, No. ED75560, denied.
SC82156 Henges Manufacturing, LLC, et al., Appellants, vs. Amerisure Insurance Company, Respondent.
Appellants' application for transfer from the Missouri Court of Appeals, Nos. ED75334 and ED75557, denied.
SC82158 Olean Associates, Inc., and Realty Development-North, Inc., Appellants, vs. Knights of Columbus, et al., Respondents.
Appellants' application for transfer
from the
SC82159 Charles Reese, Appellant, vs. Gary & Roger Link, Inc., Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED74961, denied.
SC82160 State of
Appellant's application for transfer from the Missouri Court of Appeals, No. ED74878, denied.
SC82161 State of
Appellant's application for transfer from the Missouri Court of Appeals, No. ED73021, denied.
SC82162 Hawkeye-Security Insurance Company,
Respondent, vs. John Davis, d/b/a
Appellants' application for transfer
from the
SC82163 Patricia Ann Reynolds, a/k/a Patricia Ann Campbell, Appellant, vs. Theodore Arthur Reynolds, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD22646, denied.
SC82164 State of
Appellant's application for transfer from the Missouri Court of Appeals, No. SD22734, denied.
SC82168 Smith Gaddy, Jr., et al., Appellants, vs. Phelps County Bank and Phelps County Bancshares, Inc., Respondents.
Appellants' application for transfer
from the
SC82170 Mary E. Curnes, Respondent, vs. The
Equitable Life Assurance Society of the
Respondent's application for transfer from the Missouri Court of Appeals, No. SD22666, denied.
SC82174 Larry Jones, Appellant, vs.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD56390, sustained and cause ordered transferred.
SC82175 Beverly J. Hamby, Appellant, vs.
Respondents' application for
transfer from the
SC82166 State of
Appellant's application for transfer from the Missouri Court of Appeals, No. SD22595, denied.
SC82167 Robert Hatfield, Appellant, vs. State
of
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56262, denied.
SC82169 Johnny Lee Johnson, Appellant, vs.
State of
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56475, denied.
WRITS AND OTHER ORIGINAL PROCEEDINGS
SC82116 State ex rel.
Petition for writ of prohibition denied. Wolff, J., not participating.
SC82144 State ex rel.
Petition for writ of mandamus denied.
Petitioner's request for appointment of counsel overruled.
Petitioner's motion to restrain overruled.
Petitioner's motion to eliminate suggestions in opposition overruled.
SC82149 State ex rel. John F. Bushdiecker,
Petitioner, vs.
Petition for writ of mandamus denied.
SC82150 State ex rel. Cedric C. Perkins, III, Petitioner, vs. James Gammon, et al., Respondent.
Petition for writ of habeas corpus denied without prejudice pursuant to Missouri Supreme Court Rule 91.02.
SC82157 State ex rel. Werner Enterprises, Inc., Relator, vs. The Honorable Michael B. Calvin, Judge, 22nd Judicial Circuit, Respondent.
Petition for writ of prohibition denied.
SC82147 State ex rel. Bruce Roath, Petitioner, vs. James A. Gammon, Respondent.
Petition for writ of habeas corpus denied.
SC82098 State ex rel. Jerome Powell,
Petitioner, vs.
Petition for writ of certiorari denied.
SC82139 State ex rel. George Poole, Petitioner, vs. Darlene Wansing, Respondent.
Petition for writ of mandamus denied.
SC82171 State ex rel. Billy W. Pitts, et al., Petitioners, vs. Honorable Mel Carnahan, Governor of State of Missouri, et al., Respondents.
Petition for writ of mandamus and/or writ of prohibition denied without prejudice pursuant to Missouri Supreme Court Rule 84.22(a).
SC82172 State ex rel. Scott D. Giancola, Petitioner, vs. Ron Schmitz, et al., Respondents.
Petition for writ of habeas corpus denied without prejudice pursuant to Missouri Supreme Court Rule 91.02.
SC82173 State ex rel. Anthony L. Edgar, Petitioner, vs. Ron Schmitz, et al., Respondents.
Petition for writ of habeas corpus denied without prejudice pursuant to Missouri Supreme Court Rule 84.22(a).
SC82176 Ralph Forrest Munyan, II, Appellant, vs. Board of Law Examiner, Respondent.
Appeal from decision of Board of Law Examiners denied.
MOTIONS
SC82117 Tommy Coggins and Rita Coggins, Respondents, vs. Laclede Gas Company, Appellant.
Respondents' motion to dismiss overruled.
SC82110 Evelyn Goodlow, Respondent, vs. Clayton Development Corporation, Appellant.
Respondent's application for increase in supersedeas bond overruled.
SC81405 In re: Bernard A. Becton, Respondent.
Show cause order to issue returnable to Court en Banc in fifteen days. White, J., not participating.
SC82151 Anita K. Williams, et al.,
Respondents, vs.
Respondents' motion to transfer to court of appeals overruled. Limbaugh, J., not participating.
Day - to - Day,
_________________________
William Ray Price Jr., Chief Justice
The next
regular conference of Court en Banc will be on