Supreme Court of Missouri
en banc

November 23, 1999

OPINION BY PRICE, C.J.
SC81487 Odegard Outdoor Advertising, LLC, Respondent, vs. The Board of Zoning Adjustment of Jackson County, Missouri, Appellant.
AFFIRMED. All concur.

OPINION BY LIMBAUGH, J.
SC81720 In re: The Honorable Don E. Burrell, Jr., Respondent.
DISCIPLINE REJECTED. Price, C.J., Covington, White, Holstein and Benton, JJ., and Hamilton, Sp.J., concur. Wolff, J., not participating.

OPINION BY WHITE, J.
SC81719 John E. Bell, Appellant, vs. The May Department Stores Company, d/b/a Famous-Barr Company, a corporation, Respondent.
REVERSED AND REMANDED. Price, C.J., Limbaugh, Holstein, Wolff and Benton, JJ., and Schaeperkoetter, Sp.J., concur. Covington, J., not participating.

PER CURIAM
SC81882 State of Missouri, Respondent, vs. Charles Hineman, Appellant.
AFFIRMED IN PART; REVERSED IN PART; REMANDED. All concur.



MOTIONS FOR REHEARING
SC81586 C.C. Dillon Company, Appellant, vs. City of Eureka, Missouri, et al., Respondents.
Appellant's motion for rehearing or for revision of the Court's opinion sustained;
opinion vacated; cause ordered submitted on briefs without argument.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC81985 Joshua Avidan, Appellant, vs. Transit Casualty Company, in receivership,
J. Burleigh Arnold, special deputy receiver, in his personal and official capacities, Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD55882, sustained and cause ordered transferred.
SC82034 State of Missouri, Respondent, vs. William H. Bryant, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56275, denied.
SC82035 State of Missouri, Respondent, vs. Malik Nettles, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED74494, sustained and cause ordered transferred.
SC82039 Robert L. Byrom, et al., Respondents, vs. The Little Blue Valley Sewer District, et al., Appellants.
Respondents' application for transfer from the Missouri Court of Appeals, No. WD56051, sustained and cause ordered transferred.
SC82040 Bradley D. Jones, Appellant, vs. Kellie L. Cook, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56707, denied.
SC82042 Brenda Ross, Respondent, vs. Prime Transport, Inc., Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD22465, denied.
SC82051 Custom Muffler and Shocks, Inc., a Missouri Corporation, et al., Appellants-Respondents, vs. Gordon Partnership, a Missouri Partnership, et al., Respondents-Appellants.
Respondents-Appellants' application for transfer from the Missouri Court of Appeals, Nos. WD55946 and WD55959, denied.
SC82041 Lawrence A. McCollum, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56713, denied.
SC82043 State of Missouri, Respondent, vs. Michael R. Stigler, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD55821, denied.
SC82044 Rodney Bass, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56276, denied.
SC82061 State of Missouri, ex rel. James S. Teefey and Agri-Lawn, Inc., Respondents, vs. Board of Zoning Adjustment of Kansas City, Missouri, et al., Appellants, Lew and Nicky Bunch, Defendants.
Respondents' application for transfer from the Missouri Court of Appeals, No. WD56340, sustained and cause ordered transferred. Price, C.J., and Holstein, J., not participating.
SC82064 American Family Mutual Insurance Company, Respondent, vs. Robert Lasker,
et al., Appellants.
Appellants' application for transfer from the Missouri Court of Appeals, No. WD56091, sustained and cause ordered transferred.
SC82065 John David Sterneker, Respondent, vs. Director of Revenue, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD56338, denied.
SC82045 Bernerd D. Sawyers, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD22765, denied.
SC82046 State of Missouri, Respondent, vs. Steve Dee McGinnis, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD55968, denied.
SC82052 State of Missouri, Respondent, vs. Paul D. Powell, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56134, denied.
SC82053 Steven A. Johnson, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD22739, denied.
SC82054 State of Missouri, Respondent, vs. Levar C. Aikens, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD55322, denied.
SC82055 State of Missouri, Respondent, vs. Amos Thompson, Jr., Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD55479, denied. Holstein, J., not participating.
SC82056 Wilrus Turner, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56284, denied.
SC82057 State of Missouri, Respondent, vs. James E. Harris, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD55623, denied.
SC82070 Scott Elliott Hall, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56163, denied.
SC82071 State of Missouri, Respondent, vs. James Clark, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56431, denied.
SC82072 State of Missouri, Respondent, vs. Carl A. Woolfolk, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD55803, denied.
SC82066 Branson Scenic Railway, Appellant, vs. Director of Revenue, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56277, denied.
SC82067 Michael B. Conway and Beverly Conway, Appellants, vs. Royalite Plastics, Ltd., Respondent, British Vita, PLC, and Spartech Corporation, Defendants.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED75047, sustained and cause ordered transferred.
SC82074 Charlotte Godfrey Cole, et al., Respondents, vs. John Peters, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56013, denied. Covington, J., not participating.
SC82075 State of Missouri, Missouri Department of Social Services, Division of Aging, Respondent, vs. Cedars Nursing Center, Inc., Defendant, Cedars Health Care Centre, Ltd., Respondent, Healthcare Financial Partners Funding, Inc., Intervenor-Appellant.
Intervenor-Appellant's application for transfer from the Missouri Court of Appeals, No. WD56439, denied.
SC82076 State of Missouri, Department of Social Services, Division of Aging, Respondent, vs. Colonial Healthcare Center, Inc., Respondent, Healthcare Financial Partners Funding, Inc., Intervenor-Appellant.
Intervenor-Appellant's application for transfer from the Missouri Court of Appeals, No. WD56438, denied.
SC82058 State of Missouri, Respondent, vs. Kevin E. Rodgers, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56196, denied.
SC82059 State of Missouri, Respondent, vs. Michael Dixon, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD55741, denied.
SC82060 State of Missouri, Respondent, vs. Columbus Neal, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56455, denied.
SC82078 State of Missouri, Respondent, vs. William D. Cone, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD55518, denied.
SC82077 In the Interest of: E.S., M.D.S. and B.D.S.
Juvenile Office of Cole County, Respondent, vs. C.S. (Natural Father) and R.S. (Natural Mother), Appellants.
Appellant R.S.'s application for transfer from the Missouri Court of Appeals, Nos. WD56017 and WD56065, denied.
SC82068 State of Missouri, Respondent, vs. Edward Collins, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD55990, denied.
SC82069 Brandon Scott Stevens, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD22738, denied.
SC82079 State of Missouri, Respondent, vs. Dennis Booker, Appellant.
Dennis Booker, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, Nos. ED69048 and ED73059, denied.
SC82080 Joseph W. Barko, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD56033, denied.
SC82085 Linda Bara-Albanese, Respondent, vs. United Industries Corporation, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED74313, denied.
SC82089 Sherry Willeford, Respondent, vs. Lester E. Cox Medical Center, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD22903, denied.
SC82086 State of Missouri, Respondent, vs. Sylvester Anderson, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED74558, denied.
SC82088 State of Missouri, Respondent, vs. Richard D. Redd, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No.
ED74698, denied.
SC82092 State of Missouri, Respondent, vs. Gerald Eastman, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED74158, denied.
SC82096 Wilma Earline Hayes, et al., Respondents, vs. United Fire & Casualty Company, Appellant.
Respondent Wilma Earline Hayes' application for transfer from the Missouri Court of Appeals, No. ED75178, denied.

Respondents D. Keith Thomas and Tamara Thomas' application for transfer from the Missouri Court of Appeals, No. ED75178, denied.
SC82097 State of Missouri, ex rel. Joanne Langiano, Appellant, vs. Donald Langiano, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD22726, denied.
SC82099 State ex rel. Kenneth W. McClendon, Respondent, vs. Eileen Davis Young, et al., Appellants.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED76132, denied.
SC82104 Susan D. Jezewak, n/k/a Reis, Respondent/Cross-Appellant, vs. Raymond A. Jezewak, Appellant/Cross-Respondent.
Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. ED74800, denied.
SC82105 Karan Loyd, et al., Respondents, vs. Ozark Electric Cooperative, Inc., and Missouri Electric Cooperatives' Insurance Plan, Appellants.
Appellants' application for transfer from the Missouri Court of Appeals, No. SD22827, denied. Holstein, J., not participating.
SC82100 State of Missouri, Respondent, vs. Tyler J. Baine, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED74859, denied.
SC82101 State of Missouri, Respondent, vs. Melvin Randolph, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED74910, denied.
SC82102 State of Missouri, Respondent, vs. Randall Gene Tidlund, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD22467, denied.
SC82103 State of Missouri, Respondent, vs. Vernon Keith Ratty, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED75101, denied.
SC82106 State of Missouri, ex rel. Norma Jean Harper, Relator, vs. The Honorable Joseph A. Goeke, III, Judge of the 21st Judicial Circuit of St. Louis County, Missouri, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED76286, sustained and cause ordered transferred.
SC82110 Evelyn Goodlow, Respondent, vs. Clayton Development Corporation, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED73854, sustained and cause ordered transferred.
SC82112 Dale S. Hutson and Gloria Hutson, Respondents, vs. BOT Investment Co., Inc., and Wal-Mart Stores East, Inc., Appellants.
Appellant Wal-Mart Stores East, Inc.'s application for transfer from the Missouri Court of Appeals, Nos. SD22570 and SD22594, denied. Covington and Benton, JJ., not participating.
SC82113 Warren Davis Properties V, L.L.C., Respondent, vs. United Fire and Casualty Company, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD22458, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC81965 State ex rel. William Bexton, Petitioner, vs. Ron Schmitz and State of Missouri,
et al., Respondents.
Petition for writ of habeas corpus treated as a motion under Missouri Supreme Court Rule 33.09 and denied as moot.
SC82033 State ex rel. Caldwell Baker Company, Relator, vs. The Honorable Charles E. Atwell, Judge, 16th Judicial Circuit, Division 10, Jackson County, Missouri, Respondent.
Petition for writ of mandamus denied. Price, C.J., and Holstein, J., not participating.
SC82017 State ex rel. Michael G. Waters, Petitioner, vs. Virgil Landsdown, Superintendent, Ozark Correctional Center, Respondent.
Petition for writ of habeas corpus denied.
SC82048 State ex rel. Darrell Dushon Whitmore, Petitioner, vs. Jackson County Circuit Court, Respondent.
Petition for writ of habeas corpus denied.
SC82049 State ex rel. Darrell Dushon Whitmore, Petitioner, vs. Kansas City, Missouri, Municipal Court, Respondent.
Petition for writ of habeas corpus denied.
SC82081 State ex rel. First Financial Planners, Inc., et al., Relators, vs. The Honorable Michael Calvin, Judge, Division One, 22nd Judicial Circuit, Respondent.
Petition for writ of prohibition or alternatively for mandamus denied. Benton, J., not participating.
SC82006 State ex rel. William Downs, Petitioner, vs. Steven Moore, Respondent.
Petition for writ of habeas corpus denied.
SC82023 State ex rel. Arizona Hall, Petitioner, vs. The Honorable Kenneth R. Lewis, Judge, 43rd Judicial Circuit, Respondent.
Petition for writ of mandamus denied.

Petitioner's motion requesting that this Court exercise its jurisdiction under Missouri Supreme Court Rule 91.06 of civil procedure overruled.
SC82090 State ex rel. Southeast Missouri Health Network, Relator, vs. The Honorable David A. Dolan, Judge, Circuit Court of Scott County, Missouri, Respondent.
Petition for writ of prohibition and/or mandamus denied.
SC82063 State ex rel. Eddie S. Bell, Petitioner, vs. Cranston Mitchell, Chairman, Board of Probation and Parole, Respondent.
Petition for writ of habeas corpus denied.

SC82093 State ex rel. Jerold Poe, Petitioner, vs. State of Missouri, Respondent.
Petition for writ of certiorari and/or habeas corpus denied.
SC82094 State ex rel. Richard Derecskey, Petitioner, vs. State of Missouri, Respondent.
Petition for writ of habeas corpus denied without prejudice pursuant to Missouri Supreme Court Rule 91.02(a).
SC82107 State ex rel. The Burlington Northern and Santa Fe Railway Company, et al., Relators, vs. The Honorable J. Miles Sweeney, Judge, Circuit Court of Greene County, Missouri, Respondent.
Petition for writ of prohibition denied. Price, C.J., and Holstein, J., not participating.

Day - to - Day,

Ronnie L. White
Acting Chief Justice

The next regular conference of Court en Banc will be on December 21, 1999.