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Minutes of June 24, 2014


Supreme Court of Missouri
en banc

June 24, 2014

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OPINION BY RUSSELL, C.J.

SC93543Brian Nail, Appellant, vs. Husch Blackwell Sanders, LLP, Respondent.

AFFIRMED. Fischer, Stith, Draper, Wilson and Teitelman, JJ., concur. Breckenridge, J., not participating.





OPINION BY FISCHER, J.

SC93698John T. Impey, Appellant, vs. Missouri Ethics Commission, et al., Respondents.

AFFIRMED. All concur.





OPINION BY STITH, J.

SC93652State ex rel. Patrick J. O'Basuyi, Relator, vs. The Honorable David Lee
Vincent III, Respondent.

PRELIMINARY WRIT MADE PERMANENT. All concur.




OPINION BY WILSON, J.

SC93108State of Missouri, Respondent, vs. Denford Jackson, Appellant.

VACATED AND REMANDED. Russell, C.J., Fischer and Teitelman, JJ., concur; Stith, J., concurs in part and dissents in part in separate opinion filed; Breckenridge, J., concurs in opinion of Stith, J.; Draper, J., dissents in separate opinion filed; Stith, J., concurs in opinion of Draper, J.





OPINION BY WILSON, J.

SC93214John Coomer, Appellant, vs. Kansas City Royals Baseball Corporation, Respondent.

VACATED AND REMANDED. All concur.





OPINION BY WILSON, J.

SC93321State of Missouri, Respondent, vs. Bruce Pierce, Appellant.

AFFIRMED IN PART; VACATED AND REMANDED IN PART. Russell, C.J., and Fischer, J., concur; Breckenridge, J., concurs in section II of opinion of Wilson, J.; Teitelman, J., concurs in opinion of Wilson, J., except section II; Stith, J., concurs in part and dissents in part in separate opinion filed; Breckenridge, J., concurs in section II of opinion of Stith, J.; Teitelman, J., concurs in section I of opinion of Stith, J.; Draper, J., dissents in separate opinion filed; Stith, J., concurs in opinion of Draper, J.




MOTIONS FOR REHEARING

SC93371Walter E. Barton, Appellant, vs. State of Missouri, Respondent.

Appellant's motion for rehearing overruled.



SC93628Cheikh Seck, Appellant, vs. Department of Transportation, Defendant, Division of Employment Security, Respondent.

Opinion modified on Court's own motion.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC94150Farmers Insurance Co., Inc., and Mid-Century Insurance Co., Respondents, vs. Robin Wilson and Donald Billingsley, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD32632, denied.



SC94154State of Missouri, Respondent, vs. Claude Dale Brooks, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED99427, sustained and cause ordered transferred.



SC94166State of Missouri, Respondent, vs. Christopher Ryan Beard, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD32417, denied.



SC94175In the Matter of KCP&L Greater Missouri Operations Company's Request for Authority to Implement a General Rate Increase for Electric Service, Appellant- Respondent, vs. Missouri Energy Consumers' Group, Respondent-Appellant, Office of Public Counsel, Respondent, Missouri Public Service Commission, Respondent, Dogwood Energy, Inc., Respondent, Union Electric d/b/a Ameren Missouri, Respondent.

Appellant-Respondent's application for transfer from the Missouri Court of Appeals, Nos. WD76166 and WD76167, denied.


SC94182Alfred Weaver, Appellant, vs. Midamerica Hotels Corporation and Division of Employment Security, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED99844, denied.


SC94183AG Processing, Inc., Appellant, vs. KCP&L Greater Missouri Operations Company and Missouri Public Service Commission, Respondents, Triumph Foods, LLC, Intervenor-Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD76353, denied.


SC94184In the Interest of T.J.P., Jr., Juvenile Officer, Respondent, vs. T.L. (Mother), Appellant, T.P., Sr., Defendant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD76551, denied.


SC94186The Village at Deer Creek Homeowners Association, Inc., et al., Respondents, vs. State Automobile Mutual Insurance Company, et al., Defendant, Mid-Continent Casualty Company, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD76191, denied.




SC94189State of Missouri, Appellant, vs. Kathryn Avent, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD76395, denied.



SC94190State of Missouri, Appellant, vs. Dominick Parks, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD76399, denied.



SC94191Susan Darby Portman, Appellant, vs. City of Grandview, Missouri, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD76143, denied.



SC94192Drury Company, Respondent/Cross-Appellant, vs. Missouri United School Insurance Council, Appellant, and Jackson R-2 School District, Cross-Respondent, and Warner-Nease-Bost Architects, Inc., Defendant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED100320, denied.



SC94193The Bank of Missouri, Respondent, vs. South Creek Properties, LLC, Hammer Collections, LLC, Michael and Charlotte Dawley, Appellants, and Treadwell Enterprises, Inc., Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD32374 and SD32543 (consolidated), denied.



SC94194Christy Buchanan, Appellant, vs. The Coca-Cola Company and Galen D. Bingham, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED100281, denied.



SC94195Gene Rademacher, Appellant, vs. Janet Rademacher, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED99239, denied.



SC94196John Doe B.P., Appellant, vs. Catholic Diocese of Kansas City-St. Joseph, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD76155, denied.



SC94197State of Missouri, Respondent, vs. Chane Edward Nutt, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD75765, denied.



SC94200State of Missouri, Respondent, vs. Nelson E. Hopkins, Sr., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD76128, denied.



SC94204James Michael Steele, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD75580, denied.



SC94210State of Missouri, Respondent, vs. Peter D. Hansen, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD32109, sustained and cause ordered transferred.



SC94212Sarah Tupper, et al., Respondents/Cross-Appellants, vs. City of St. Louis, et al., Appellants/Cross-Respondents.

Appellant/Cross-Respondent City of St. Louis' application for transfer prior to disposition from the Missouri Court of Appeals, No. ED101251 and ED101255 (consolidated), sustained and cause ordered transferred.



SC94217Charles Harter, Appellant, vs. Missouri American Water Company, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD77373, denied.



SC94221Mary Kingsley, Appellant, vs. Richard McDonald, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD76783, denied.



SC94225Lonnie Snelling, Appellant, vs. Gregory Brooks, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED100548, denied.



SC94227Vicki Armour-Mottaz, Appellant, vs. Division of Employment Security, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED100014, denied.



SC94229In the Matter of: John Flentie, Appellant, vs. Toni L. Clemens, Platte County Public Administrator, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD75953 consolidated with WD76171, denied.



SC94230Meagan Garland, Appellant, vs. Jeffrey Ruhl, Respondent, State of Missouri, Department of Social Services, Family Support Division, Respondent.

Respondent Missouri Department of Social Services, Family Support Division's application for transfer from the Missouri Court of Appeals, No. ED99773, sustained and cause ordered transferred.



SC94231Manuel Burgess, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED99440, denied.



SC94232Darlene F. Chambers, Appellant, vs. Jeremiah (Jay) Nixon, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD76672, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC94141State ex rel. Terrell Lacey, Petitioner, vs. Jay Cassady, Respondent.

Petition for writ of habeas corpus denied.



SC94142State ex rel. Rickey E. Ferdinand, Relator, vs. The Missouri Court of Appeals, Western District, Respondent.

Petition for writ of mandamus denied.



SC94161State ex rel. Michael Shane Worthington, Petitioner, vs. Troy Steele, Respondent.

Petition for writ of habeas corpus denied.



SC94171State ex rel. Ted Frapolli, Relator, vs. The Honorable David L. Dowd, Respondent.

Petition for writ of prohibition and/or mandamus denied. Draper, J., not participating.



SC94180State ex rel. John Schamel, Petitioner, vs. Scott Lawrence, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion for appointment of counsel overruled as moot.

Petitioner's motion to expedite overruled as moot.

Petitioner's motion for Respondent to produce Petitioner pursuant to Rule 91.16 overruled as moot.

Petitioner's motion to appoint counsel and waive fees pursuant to Section 514.040 overruled as moot.




SC94206State ex rel. Leroy K. Briggs, Relator, vs. The Honorable W. Brent Powell, State of Missouri, Respondents.

Petition for writ of prohibition denied without prejudice pursuant to Rule 84.22.

Relator's motion for appointment of counsel overruled.




SC94170State ex rel. Christopher Guthrie, Relator, vs. The Honorable Mason R. Gebhardt, Respondent.

Petition for writ of prohibition denied.




SC94218State ex rel. Sarah M. Gonzales, Relator, vs. The Honorable Shane T. Alexander, Respondent.

Petition for writ of mandamus denied.



SC94228State ex rel. Robert T. Allen, Relator, vs. Terence G. Lord, Respondent.

Petition for writ of mandamus denied.



MOTIONS

SC85783Michael Shane Worthington, Appellant, vs. State of Missouri, Respondent.

Appellant's motion to recall the mandate overruled.



SC94145Richard Harris, Appellant, vs. Jeff Norman, Respondent.

Appellant's motion for leave to file application for transfer out of time overruled.



SC93848Missouri Bankers Association, Inc., and Jonesburg State Bank, Appellants, vs. St. Louis County, Missouri, and Charlie A. Dooley, Respondents.

The Business Bank of Saint Louis' motion to intervene and for further relief overruled.

The Business Bank of Saint Louis' motion to strike memorandum in opposition to motion to intervene overruled.



SC94216Tracy Gunn, Appellant, vs. Division of Employment Security, Respondent.

Appellant's motion for leave to file application for transfer out of time overruled.




SC94233State of Missouri, Plaintiff, vs. Jeffrey B. Stone, Defendant.

Petition for relief under Rule 33.09 denied.






The next regular conference of Court en Banc will be on August 19, 2014.

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