OPINION BY PRICE, C.J.

SC82716

City of Hazelwood, Respondent, vs. Robert H. Peterson, et al., Appellants.
and
Chris Braudis, et al., Respondents, vs. Florissant Valley Fire Protection District, et al., Appellants.

REVERSED IN PART AND AFFIRMED IN PART. Limbaugh, White, Holstein, Wolff and Benton, JJ., concur. Stith, J., not participating.

OPINION BY LIMBAUGH, J.

SC83206

State of Missouri, Appellant, vs. Joseph Callen, Respondent.

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

OPINION BY HOLSTEIN, J.

SC82867

Danny T. James, Respondent, vs. Robert M. Paul, Respondent, State Farm Fire and Casualty Insurance Company, Appellant.

REVERSED AND REMANDED. Price, C.J., Limbaugh and Benton, JJ., concur; White, J., concurs in part and dissents in part in separate opinion filed; Wolff, J., concurs in part and dissents in part in separate opinion filed; Wallace, Sp.J., concurs in opinions of White and Wolff, JJ. Stith, J., not participating.

OPINION BY WOLFF, J.

SC82325

Kimberly R. Alcorn, Respondent, vs. Union Pacific Railroad Company and National Railroad Passenger Corporation, d/b/a Amtrak, Appellants, Curtis Edwards, Respondent.

AFFIRMED IN PART AND REVERSED IN PART. Price, C.J., White, Holstein and Benton, JJ., and Autrey and Wallace, Sp.JJ., concur. Limbaugh and Stith, JJ., not participating.

MOTIONS FOR REHEARING

SC82599

KV Pharmaceutical Company, Appellant, vs. Missouri State Board of Pharmacy, Respondent.

Appellant's motion for rehearing overruled. Stith, J., not participating.

SC82205

State of Missouri, Respondent, vs. Paul T. Goodwin, Appellant.

Appellant's motion for rehearing overruled. Execution set for August 31, 2001. Stith, J., not participating.

SC83086

Dwight R. Wampler, Respondent, vs. Director of Revenue, Appellant.

Appellant's motion for rehearing overruled. Stith, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC83518

Sandra L. Ceriotti and Thomas J. Ceriotti, Appellants, vs. Hilda Hibbeler and Elaine G. Ledergerber, Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED77694, denied.

SC83523

In the Matter of Elsie Verlene Swearingen, Plaintiff, Delores Jean Goodson, Appellant, vs. Gary Dryden, John Vohs, Respondents, Robert Dryden, Defendant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD57929, denied. Stith, J., not participating.

SC83524

State of Missouri, Respondent, vs. Robert L. Rice, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD57921, denied.

SC83526

Deborah A. (Kelling) Weaver, Respondent, vs. Brian R. Kelling, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD58972, sustained and cause ordered transferred. Cause ordered retransferred to the Missouri Court of Appeals, Western District, for reconsideration in light of Laurie (Woods) Stowe vs. Donald Ray Spence, Jr., et al., No. SC82940 (decided April 10, 2001). Stith, J., not participating.

SC83527

State of Missouri, Respondent, vs. Bryan S. Monath, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD57578, denied.

SC83528

State of Missouri, Respondent, vs. Steven F. Lewis, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD57840, denied. Stith, J., not participating.

SC83529

State of Missouri, Respondent, vs. David Matthew Summers, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD58150, denied.

SC83530

William E. Clark, Jr., Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD58335, denied.

SC83531

Vernon H. York, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD58363, denied.

SC83532

Lucio Cruz-Rivera, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD58131, denied.

SC83533

State of Missouri, Respondent, vs. Walter J. Hunter, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD58319, denied.

SC83534

State of Missouri, Respondent, vs. Conrad E. Metz, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD57486, denied.

SC83535

Anthony A. Murphy, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD57832, denied.

SC83536

State of Missouri, Respondent, vs. Charles E. Collins, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD58051, denied.

SC83537

George and Shirley Roy, Appellants, vs. Missouri Pacific Railroad Company,
et al., Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD57597, denied. Holstein, J., not participating.

SC83538

Jeremy Atif Davis, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD58321, denied.

SC83539

State of Missouri, Respondent, vs. Michael A. Lester, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD57614, denied.

SC83540

State of Missouri, Respondent, vs. Ray Kelly, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD57705, denied. Stith, J., not participating.

SC83541

State of Missouri, Respondent, vs. Terry Campbell, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD57824, denied.

SC83542

LaForest Bennett, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD58322, denied.

SC83545

Darla K. Shelton, Appellant, vs. Missouri Baptist Medical Center, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED78048, denied.

SC83546

June King, Appellant, vs. Missouri Gaming Company, d/b/a Argosy Riverside Casino, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD58317, denied.

SC83547

Mark H. Levinson, Appellant, vs. City of Kansas City, et al., Respondents.

Respondents' application for transfer from the Missouri Court of Appeals, No. WD58205, denied.

SC83548

St. Joseph Light & Power, a corporation, Appellant, vs. United Electric Cooperative, a corporation, and Homestead Cooperative of Maryville, a corporation, Respondents.

Respondents' application for transfer from the Missouri Court of Appeals, No. WD58140, denied. Stith, J., not participating.

SC83549

Gloria Kinder, Appellant, vs. Missouri Department of Corrections, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD58592, denied.

SC83550

Teresa Messina, Respondent, vs. Billie Ann Prather, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD57917, denied.

SC83551

Paul Travis, Appellant, vs. Meredith Lynne Stone, et al., Respondents.

Respondents Lowell Walter Hulse, Jr., and Apex Digital TV, Inc.'s application for transfer from the Missouri Court of Appeals, No. WD58152, sustained and cause ordered transferred.

SC83552

State of Missouri, Respondent, vs. Michael James Gregory, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD57860, denied.

SC83554

Shelby Harris, Appellant, vs. Raul Munoz, et al., Respondents.

Respondents' application for transfer from the Missouri Court of Appeals, No. WD58894, denied. Stith, J., not participating.

SC83555

JEP Enterprises, Inc., Respondent, vs. Wehrenberg, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED77567, denied.

SC83556

Tyrone Anderson-Bey, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED77462, denied.

SC83557

Larry G. Brown, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED76602, denied.

SC83562

State of Missouri, Respondent, vs. James Daughty, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED77623, denied.

SC83563

State of Missouri, Appellant, vs. Fred T. Pattie, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED78323, denied.

SC83568

Grete M. Wright, Appellant, vs. St. Louis Produce Market, Inc., et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED77953, denied.

SC83569

State of Missouri, Respondent, vs. Wilma Wallace, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED77261, denied.

SC83570

State of Missouri, Respondent, vs. Timothy Fernandez, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED77915, denied.

SC83571

Irl B. Baris, Respondent/Cross-Appellant, vs. Ralph Layton and Loraine Layton, Appellants/Cross-Respondents.

Appellants/Cross-Respondents' application for transfer from the Missouri Court of Appeals, No. ED76562, denied.

Respondent/Cross-Appellant's motion to dismiss application for transfer overruled as moot.

SC83572

June Sleater, Respondent/Cross-Appellant, vs. William Sleater, Appellant/Cross-Respondent.

Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED77541, denied.

SC83573

State of Missouri, Respondent, vs. Rubin Harold, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED77692, denied.

SC83575

State of Missouri, Respondent, vs. Calvin Payne, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED77971, denied.

SC83576

Ivle Ray Matney, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD23679, denied.

SC83578

City of Peerless Park, Missouri, Appellant/Cross-Respondent, vs. William E. Dennis, Defendant, and Central Holding Corporation, Respondent/Cross-Appellant.

Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Nos. ED77974 and ED78010, denied.

SC83580

James S. Crousore, Appellant, vs. Management Recruiters of Westport, Inc., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED78377, denied.

SC83582

State of Missouri, Respondent, vs. Sandra Elmore, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD23671, denied.

SC83583

Jane Lois Bowles, et al., Appellants/Cross-Respondents, vs. Mercantile Bank of St. Louis, N.A., and Mercantile Trust Company, N.A., Respondents/Cross-Appellants.

Appellants/Cross-Respondents' application for transfer from the Missouri Court of Appeals, Nos. ED77344 and ED77345, denied. Benton, J., not participating.

SC83584

A & O Development Co., Respondent, vs. Whittaker Construction, Incorporated, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED77275, denied. Holstein, J., not participating.

SC83586

Janice Klaus, Appellant, vs. James Shelby, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED78021, denied.

SC83592

State of Missouri, Respondent, vs. Levi Dean Thurston, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD23506, denied.

SC83593

Michael W. Duke, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED78173, denied.

SC83594

Carlos D. Wade, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED78095, denied.

SC83595

Leonard Missionary Baptist Church, Respondent/Cross-Appellant, vs. Sears Roebuck and Company, Appellant/Cross-Respondent.

Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Nos. ED77874 and ED77955, denied.

SC83602

Ronald L. Hayes, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD23568, denied.

SC83603

Elinor Redfield, Appellant/Cross-Respondent, vs. Beverly Health and Rehabilitation Services, Inc. and Aequitron Medical, Inc., Respondents/Cross-Appellants.

Respondent/Cross-Appellant Aequitron Medical, Inc.'s application for transfer from the Missouri Court of Appeals, No. ED77730, denied. Limbaugh, J., not participating.

Appellant/Cross-Respondent's correction of motion to transfer and motion to dismiss overruled as moot. Limbaugh, J., not participating.

SC83606

State of Missouri, Respondent, vs. Gary L. Griffin, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD57881, denied.

SC83607

State of Missouri, Respondent, vs. Deborah Mayabb, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD23569, denied.

SC83610

Daniel P. Reese, Respondent, vs. Samuel Brooks, Donna Brooks, and the Corporation of Police & Private Security, Inc., d/b/a Copps, Inc., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED77364, denied.

SC83608

City of Kirkwood, Respondent, vs. Randolph North, et al., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED77720, denied.

SC83616

In re the Marriage of: Vivian Ruth Garner and Jerry E. Garner
Vivian Ruth Garner, Respondent, vs. Jerry E. Garner, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD23558, denied.

SC83619

State of Missouri, ex rel., Missouri Highway and Transportation Commission, Appellant-Respondent, vs. Betty Rantz, et al., Respondents-Appellants.

Respondents-Appellants Betty Rantz, et al.'s application for transfer from the Missouri Court of Appeals, Nos. SD22821 and SD23366 (consolidated), denied.

SC83622

In the Interest of Z.S.M., a child under seventeen years of age.
State of Missouri, Greene County Juvenile Office, Respondent, vs. M.A., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD23792, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS

SC83511

State ex rel. Terry R. Bryson, Trustee, Relator, vs. The Honorable David W. Russell, Judge, Circuit Court of Clay County, Missouri, Respondent.

Petition for writ of prohibition denied.

SC83492

State ex rel. Steve Wright-El, Petitioner, vs. Michael Murphy and Denis Agniel, Respondents.

Petition for writ of habeas corpus denied.

SC83473

State ex rel. Horace W. Bonner, Petitioner, vs. James Purkett, Superintendent, Farmington Correctional Center, Respondent.

Petition for writ of habeas corpus denied

SC83553

State ex rel. Gene E. Dudley, Petitioner, vs. State of Missouri, Respondent.

Petition for writ of certiorari denied.

SC83559

State ex rel. Ford Motor Company, Relator, vs. Honorable Max E. Bacon, Circuit Court of Greene County, Missouri, Associate Division, Respondent.

Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days. Holstein and Stith, JJ., not participating.

SC83453

State ex rel. John D. Lockhart, Petitioner, vs. Dora Schriro, et al., Respondents.

Petition for writ of habeas corpus denied.

SC83510

State ex rel. Robert Snyder, Petitioner, vs. Dave Dormire, Superintendent, and Jeremiah W. (Jay) Nixon, Attorney General, Respondents.

Petition for writ of habeas corpus denied.

SC83525

State ex rel. Henry Rollie, Petitioner, vs. Mike Kemna, Superintendent, Crossroads Correctional Center, Respondent.

Petition for writ of habeas corpus denied.

SC83565

State ex rel. Tyrone Parker, Petitioner, vs. Michael Kemna, Respondent.

Petition for writ of habeas corpus denied.

SC83521

State ex rel. Dennis Wayne Stotler, Petitioner, vs. Larry Rowely, Respondent.

Petition for writ of habeas corpus denied.

SC83474

State ex rel. Gregory W. Breedon, Petitioner, vs. State of Missouri, Respondent.

Petition for writ of prohibition denied.

Petition for writ of habeas corpus ad prosequendum denied.

Petitioner's motion for issuance of the writ and relief without further judicial proceedings or briefs in the interest of justice overruled.

Petitioner's motion for immediate issuance of relief pursuant to Rule of Court 55.09 and the admitted grounds for said relief overruled.

Petitioner's motion for issuance of relief without delay as there remains no material fact or question of law in dispute before this Court and the action stands admitted of warranting of relief petitioned overruled.

Petitioner's motion for issuance of uncontested writ in relief of admitted reversible error overruled.

SC82421

In re: Van Allen Miller, Petitioner.

Petition for reinstatement denied.

SC83581

State ex rel. Union Pacific Railroad Company, Relator, vs. The Honorable Michael P. David, Judge, Division 16, 22nd Judicial Circuit, Respondent.

Petition for writ of prohibition denied.

Relator's motion to file documents under seal overruled.

SC83590

State ex rel. Ronald Ludwig, Sr., Relator, vs. The Honorable John W. Grimm, Judge, Circuit Court of Perry County, Missouri, Respondent.

Petition for writ of prohibition denied.

SC83591

State ex rel. Timothy Joseph Summers, Relator, vs. The Honorable James E. Pennoyer, Judge, Division III, Circuit Court of St. Francois County, Respondent.

Petition for writ of prohibition denied.

Respondent's motion to assess damages for filing frivolous petition for writ of prohibition overruled.

Relator's motion to strike overruled.

SC83609

State ex rel. William C. Beall, Jr., Relator, vs. The Honorable Don Burrell, Jr., Respondent.

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

SC83613

State ex rel. Bert Mace, Relator, vs. Larry Rowley, Superintendent, Northeast Correctional Center, Respondent.

Petition for writ of habeas corpus denied.

SC83614

State ex rel. Gerald Eastman, Petitioner, vs. Judy Zerr, Clerk, and Circuit Court of St. Charles County, Missouri, Respondents.

Petition for writ of mandamus denied.

SC83620

State ex rel. William M. Landau, et al., Relators, vs. The Honorable Mary B. Schroeder, Respondent.

Petition for writ of prohibition denied.

SC83621

State ex rel. M & M Enterprises, Inc., Relator, vs. The Honorable J. Edward Sweeney, Judge, Circuit Court of Lawrence County, Missouri, Division I, Respondent.

Petition for alternative writs in mandamus and/or prohibition denied.

MOTIONS

SC68030

State of Missouri, Respondent, vs. Jerome Mallett, Appellant.

Appellant's motion to recall the mandate overruled.