Supreme Court of Missouri
en banc

October 4, 2011

OPINION BY TEITELMAN, C.J.
SC91283	Wehrenberg, Inc., Appellant, vs. Director of Revenue, Respondent.
	AFFIRMED. Russell, Breckenridge, Fischer, Stith and Price, JJ., and Sweeney, Sp.J., concur.

OPINION BY RUSSELL, J.
SC91584	In the Interest of: B.H..
	AFFIRMED. Teitelman, C.J., Breckenridge, Fischer, Stith and Price, JJ., and Francis, Sp.J., concur.

OPINION BY FISCHER, J.
SC91498	Robert J. Simpson, Appellant, vs. Rowena A. Simpson, Respondent.
	AFFIRMED. Teitelman, C.J., Russell, Breckenridge and Stith, JJ., and Bringer and Wimes, Sp.JJ., concur. Price, J., not participating.

MOTIONS FOR REHEARING
SC91132	Dennis Buemi, et al., Respondents, vs. Arthur Kerckhoff, Jr., et al., Appellants.
	Appellants' motion for rehearing overruled.

SC91112	State ex rel. Reginald Griffin, Petitioner, vs. Larry Denney, Superintendent, Respondent.
	Respondent's motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC91692	Sherita Fugate, Appellant, vs. Jackson Hewitt, Inc., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD72353, denied. Respondent's motion to vacate decision of court of appeals and to remand to the circuit court for dismissal pursuant to confirmation order overruled.

SC91897	Bob DeGeorge Associates, Inc., Respondent, KD Christian Construction Co., Respondent, vs. Hawthorn Bank, Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD72651, sustained and cause ordered transferred. Price, J., not participating.

SC91900	The Estate of Laura Downs, Deceased, James L. Rutter, Personal Representative, Respondent, vs. Eldon Bugg, Appellant, Wanda Bugg, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD72980, denied.

SC91907	Laconia Z. Curtis, Respondent, vs. State of Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94589, sustained and cause ordered transferred.

SC91917	State of Missouri, Respondent, vs. Mark Anthony Minicky, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94229, denied.

SC91921	Marissa Miles, a minor by and through her Mother and Next Friend, Dana Miles, Plaintiff, Linda Darlene Rich, Appellant, vs. Humane Society of Missouri d/b/a St. Louis Humane Society, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95112, denied.

SC91929	Wedgewood Square Center Limited Partnership, a Limited Partnership, Appellant, vs. Stewart Title Guaranty Company, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30899, denied.

SC91936	Division of Family Services ex rel. Alysa Michelle Lair, by Next Friend, Elizabeth Anne Calhoun, and Elizabeth Anne Calhoun, individually, Respondents, vs. Nels Norman Portincaso, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31000, denied.

SC91940	Jason A. Inman and Jennifer Inman, Appellants, vs. St. Paul Fire & Marine Insurance Company and City of Monett, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, Nos. SD30633 and SD30823, denied.

SC91912	State of Missouri, Respondent, vs. Murlin R. Phillips, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31163, denied.

SC91944	Camille Gerstner, by and through her next friend, Kirsten Luster, Appellant, vs. Lisa Matheny and Jaclyn Hill, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95881, denied.

SC91946	David Jayne and Ruth Jayne, Respondents, vs. Occidental Fire & Casualty Company of North Carolina, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94550, denied.

SC91947	State of Missouri, Respondent, vs. Quintin Gray, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94420, denied.

SC91949	Gregory M. Beaver, Respondent, vs. Cintas Corporation No. 2, Defendant, and Leggett & Platt, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95464, denied.

SC91950	Francine I. Katz, Respondent, vs. Anheuser-Busch, Inc., et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED95493 consolidated with ED95943, denied. Price, J., not participating.

SC91952	Charles Ward, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96016, denied.

SC91954	In the Interest of: Z.L.R. R.A.M., Appellant, vs. Greene County Juvenile Office, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30881, denied.

SC91956	State of Missouri, Respondent, vs. Robert L. Barnes, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95197, denied.

SC91957	Jamie Watkins, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95535, denied.

SC91959	Michael D. Bledsoe, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94802, denied.

SC91960	Green Edge Enterprises, L.L.C., Appellant, vs. International Mulch Company, Inc., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED95510, denied.

SC91961	Robert Petkoff, Appellant, vs. Junior College of Metropolitan Kansas City, Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72649, denied.

SC91963	State of Missouri, Respondent, vs. James R. Hensley, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95293, denied.

SC91964	State of Missouri, Respondent, vs. Ryan C. Christian, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD71992, denied.

SC91965	Dawud Abdelmalik, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72235, denied.

SC91966	Phyllis Tillotson, Appellant, vs. St. Joseph Medical Center, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD72948, denied.

SC91968	State of Missouri ex rel. MoGas Pipeline LLC, Respondent, vs. Missouri Public Service Commission, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD72355, sustained and cause ordered transferred.

SC91969	Farm Bureau Town & Country Insurance Company of Missouri, Appellant, vs. American Alternative Insurance Corporation, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD73046, denied.

SC91970	State of Missouri, Respondent, vs. Curtis August Wilbers, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD71947, denied.

SC91987	Kathleen Elmore, Appellant, vs. Missouri State Treasurer as Custodian of the Second Injury Fund, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30906, denied.

SC91995	Sheila Wyatt, Respondent, vs. Taney County, Missouri, et al., Appellants.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD29666, denied.

SC91998	Roberta Schaar, Respondent, vs. State of Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94876, denied.

SC92000	Rex Rieger, Plaintiff, vs. Imperial Youth Association, Respondent, vs. Solid Rock Ministries, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95064, denied.

SC92001	John Doe AP, Appellant, vs. Roman Catholic Archdiocese of St. Louis, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94720, denied.

SC92003	State of Missouri, Respondent, vs. Jermane L. Clark, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95158, sustained and cause ordered transferred.

SC91967	George M. Kniest, Appellant, vs. Missouri Department of Corrections, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72858, denied.

SC92007	State of Missouri, Respondent, vs. Brian Mann, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95205, denied.

SC92008	Eddie Thompson, Appellant, vs. ICI American Holding f/k/a National Starch & Chemical, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72374, denied.

SC91869	State ex rel. Family Dollar Stores of Missouri, Inc., Relator, vs. The Honorable Jack R. Grate, Respondent.
	Petition for writ of prohibition denied.

SC91938	State ex rel. Brooke Rene Gray, Relator, vs. The Honorable Thomas N. Chapman, Respondent.
	Petition for writ of prohibition denied.

SC91942	State ex rel. Michael Hoelscher, et al., Relators, vs. The Honorable Robert J. Schollmeyer and Brenda Umstattd, Circuit Clerk, Respondents.
	Petition for writ of mandamus denied. Amended petition for writ of mandamus denied.

SC91953	State ex rel. St. Anthony's Medical Center, Relator, vs. The Honorable Ellen Levy Siwak, Respondent.
	Petition for writ of prohibition denied.

SC91972	State ex rel. Dobbs Tire & Auto Centers, Inc., Relator, vs. The Honorable Carolyn C. Whittington, Respondent.
	Petition for writ of prohibition denied.

SC91945	State ex rel. Kevin B. Strickland, Petitioner, vs. Larry Denney, Warden, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 91.02(a). Petitioner's motion for appointment of pro bono attorney overruled as moot. Petitioner's second motion for appointment of pro bono attorney overruled as moot. Petitioner's motion for appointment of Master judge to hold evidentiary hearing overruled as moot.

SC91982	State ex rel. Milo Rankins, Petitioner, vs. The Honorable John Garvey, The Honorable Jennifer Joyce, and State of Missouri, Respondents.
	Petition for writ of habeas corpus denied.

SC91989	State ex rel. Gary W. Pogue, Petitioner, vs. Jill McGuire, Warden, et al., Respondents.
	Petition for writ of habeas corpus denied.

SC91991	State ex rel. Mark A. Starkey, Petitioner, vs. The Honorable James R. Hartenbach, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion to shorten the time for filing suggestions in opposition of the writ overruled as moot. Motion for evidentiary hearing to correct the unlawful judgment overruled.

SC91994	State ex rel. Arthur J. Maitland, Petitioner, vs. The Honorable Michael Manners, Respondent.
	Petition for writ of mandamus denied without prejudice.

SC91971	State ex rel. Ronnie Lee Hankins, Relator, vs. The Honorable Daniel E. Scott, Respondent.
	Petition for writ of prohibition denied.

SC91997	State ex rel. Thurman Fuller, Relator, vs. Court of Appeals, State of Missouri, et al., Respondents.
	Petition for writ of mandamus denied. Relator's application for appointment of pro bono attorney overruled.

SC92006	State ex rel. Forest Pharmaceuticals, Inc., Relator, vs. The Honorable Mark Neill, Respondent.
	Petition for writ of prohibition denied. Relator's motion to strike Respondent's exhibits and to strike the portions of Respondent's suggestions in opposition which refer to the exhibits overruled as moot.

SC91975	State ex rel. Aundra Murray, Petitioner, vs. Ellis McSwain, Respondent.
	Petition for writ of habeas corpus denied.

SC91983	State ex rel. Cheryl Southworth, by Next of Friend, Petitioner, vs. Cyndi Prudden, Warden, Respondent.
	Petitioner's motion for leave to file habeas corpus petition sustained. Petition for writ of habeas corpus denied and request for appointment of counsel overruled as moot.

MOTIONS
SC91783	John Doe, et al., Plaintiffs, Steven W. Cooper, Appellant, vs. State of Missouri, et al., Respondents.
	Appellant's motion to amend legal file overruled.

SC91999	State of Missouri, Plaintiff, vs. Bruce Hymes, Defendant.
	Defendant's application pursuant to Rule 33.09 regarding excessive conditions for release pending trial overruled.

Day - to - Day,



____________________________________
Mary R. Russell
Acting Chief Justice

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