Supreme Court of
Missouri
en
banc
March 20,
2001
OPINION BY
PRICE, C.J.
|
| SC82721 |
Ron Bosch, Appellant, vs. St. Louis Healthcare
Network, Respondent. |
 |
|
|
AFFIRMED. Limbaugh, White, Holstein, Wolff and Benton, JJ.,
and Calvin,
Sp.J., concur. Stith, J., not
participating. |
OPINION BY
LIMBAUGH, J.
|
| SC82969 |
Robert L. Curry, Claimant, vs. Ozarks Electric
Corporation and Continental Western Insurance Company, Appellants, and Cox
Health Systems, Respondent. |
|
|
|
AFFIRMED. Price, C.J., White, Holstein, Wolff and Benton,
JJ., concur.
Stith, J., not
participating. |
OPINION BY
WHITE, J.
|
| SC82805 |
Greenbriar Hills Country Club, Appellant, vs.
Director of Revenue, Missouri Department of Revenue,
Respondent. |
|
|
|
DECISION VACATED; MANDATE
ORDERED RECALLED; MASTER TO BE APPOINTED. Price, C.J., and Limbaugh, J., and Autrey and Wallace, Sp.JJ., concur;
Wolff, J., dissents in separate opinion filed. Holstein, Benton and Stith, JJ.,
not participating. |
OPINION BY
BENTON, J.
|
| SC82758 |
Missouri State Medical Association, et al.,
Appellants, vs. Missouri Department of Health, Respondent. |
|
|
|
AFFIRMED. Price, C.J., Limbaugh, White, Holstein and Wolff,
JJ., concur.
Stith, J., not
participating. |
MOTIONS FOR
REHEARING
|
| SC82515 |
Sheila J. Smith, et ux.,
Respondents, vs. Judy L. Coffey, Respondent, David Thompson, Defendant, Missouri
Highway and Transportation Commission, Appellant. |
|
|
|
Appellant's motion for
rehearing overruled. Stith, J., not
participating. |
|
| SC82391 |
Russell Earl Bucklew,
Appellant, vs. State of Missouri, Respondent. |
|
|
|
Appellant's motion for
rehearing overruled. Stith, J., not
participating. |
|
| SC82410 |
Andrew Lyons, Appellant, vs.
State of Missouri, Respondent. |
|
|
|
Appellant's motion for
rehearing overruled. Stith, J., not
participating. |
|
SC82900
SC83037 |
Bradley C. Baldwin, Appellant,
vs. Director of Revenue, Respondent.
(Consolidated with)
Jimmy D. Ballard,
Appellant, vs. Director of Revenue, Respondent. |
|
|
|
Appellant Jimmy D. Ballard's
motion for rehearing overruled. Stith, J., not
participating. |
|
| SC82910 |
Jay Angoff, Director, Missouri
Department of Insurance, acting as receiver for Commonwealth General Insurance
Company, Respondent, vs. Marion A. Allen, Inc., Marion A. Allen, Inc. of
Gainsville, Marion A. Allen, Inc. of Ft. Valley, Allen Insurance Associates,
Inc. and Allen and Furr, Inc., Appellants. |
|
|
|
Respondent's motion for
rehearing overruled. Opinion modified on Court's own motion. Price, C.J.,
Holstein and Stith, JJ., not participating. |
|
| SC82624 |
Elizabeth Eisenberg,
Appellant, vs. Charles Redd, Barnet M. McKee, and Brad Goss,
Respondents. |
|
|
|
Respondents Barnet M. McKee
and Brad Goss' motion for rehearing overruled. Holstein and Stith, JJ., not
participating. |
APPLICATIONS
FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
|
| SC83344 |
David Hudson, et al.,
Appellants, vs. Riverport Performance Arts Centre, Joint Venture, et al.,
Respondents. |
|
|
|
Appellants' application for
transfer from the Missouri Court of Appeals, No. ED77306,
denied. |
|
| SC83348 |
Gwendolyn Reed, Appellant, vs.
Derrell Kelly, Defendant, and Ree's Contract Service, Inc.,
Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77380,
denied. |
|
| SC83349 |
Raymond Cross, Appellant, vs.
State of Missouri, Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED76822,
denied. |
|
| SC83350 |
In the Matter of Estate of:
Raymond Klauber, Incapacitated/Disabled. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. ED77524, sustained and cause
ordered transferred. |
|
| SC83353 |
Mid Rivers Mall, L.L.C.,
Appellant, vs. Charles McManmon, et al., Respondents. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77205,
denied. |
|
| SC83360 |
Edward Newbold, Appellant, vs.
Missouri Board of Probation and Parole, Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58407, denied. Stith, J., not
participating. |
|
| SC83361 |
State of Missouri, Respondent,
vs. Ronald Smith, Jr., Appellant. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. SD23022,
denied. |
|
| SC83362 |
State of Missouri, Respondent,
vs. Christopher Kuehne, Appellant. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD57706, denied. Stith, J., not
participating. |
|
| SC83363 |
Mark C. Reid, Appellant, vs.
State of Missouri, Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD57887, denied. Stith, J., not
participating. |
|
| SC83364 |
Johnnie W. Lay,
Appellant-Respondent, vs. P & G Health Care, Inc., et al., Plaintiffs,
Schindler Elevator Corporation, Respondent-Appellant. |
|
|
|
Respondent-Appellant's
application for transfer from the Missouri Court of Appeals, No. WD57678
(consolidated with WD57715), denied. Stith, J., not
participating. |
|
| SC83365 |
Michael Hoyt, Appellant, vs.
Director of Revenue, Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD57908, denied. Stith, J., not
participating. |
|
| SC83366 |
Keith R. Hardin, Appellant,
vs. State of Missouri, Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD57846, denied. Stith, J., not
participating. |
|
| SC83370 |
State of Missouri, ex rel.
Associated Natural Gas Company, Respondent, vs. Public Service Commission of the
State of Missouri, Appellant. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. WD58032, denied. Stith, J., not
participating. |
|
| SC83372 |
James Cochran and Ladera, LLC,
Respondents, vs. Gustavus A. and Halina T. Buder, and The G. A. Buder III Trust,
Appellants. |
|
|
|
Appellants' application for
transfer from the Missouri Court of Appeals, No. ED77667,
denied. |
|
| SC83373 |
Environmental Protection,
Inspection, and Consulting, Inc., Appellant/Cross-Respondent, vs. City of Kansas
City, Missouri, Respondent/Cross-Appellant. |
|
|
|
Appellant/Cross-Respondent's
application for transfer from the Missouri Court of Appeals, No. WD56182
(consolidated with WD56183), denied. Stith, J., not
participating. |
|
| SC83374 |
State of Missouri, Respondent,
vs. Paul Hahn, Appellant. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD57654, denied. Stith, J., not
participating. |
|
| SC83375 |
Terry Fletcher, Appellant, vs.
State of Missouri, Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58398, denied. Stith, J., not
participating. |
|
| SC83376 |
Glen D. Lamaster, Appellant,
vs. State of Missouri, Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58297, denied. Stith, J., not
participating. |
|
| SC83377 |
Tracy M. Reynolds, Appellant,
vs. State of Missouri, Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58589, denied. Stith, J., not
participating. |
|
| SC83378 |
Robert C. Lewis, Appellant,
vs. State of Missouri, Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD58108, denied. Stith, J., not
participating. |
|
| SC83379 |
Christopher Frasure,
Appellant, vs. State of Missouri, Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD57856, denied. Stith, J., not
participating. |
|
| SC83380 |
State of Missouri, Respondent,
vs. Eric Miles, Appellant. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD57268, denied. Stith, J., not
participating. |
|
| SC83381 |
American Fire Sprinkler
Corporation, Appellant, vs. National Art Supply, Inc., et al.,
Respondents. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD57198, denied. Stith, J., not
participating. |
|
| SC83382 |
Carl H. Greeno, Appellant, vs.
State of Missouri, Respondent. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. WD57517, sustained and cause
ordered transferred. Stith, J., not
participating. |
|
| SC83383 |
Purcell Tire & Rubber
Company, Inc., Appellant, vs. Executive Beechcraft, Inc.,
Respondent. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. WD58041, sustained and cause
ordered transferred. Stith, J., not
participating. |
|
| SC83384 |
Tommy Coggins and Rita
Coggins, Respondents, vs. Laclede Gas Company, Appellant. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77272,
denied. |
|
| SC83385 |
Economy Forms Corporation,
Respondent, vs. J.S. Alberici Construction Co., Inc.,
Appellant. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. ED77628, sustained and cause
ordered transferred. |
|
| SC83386 |
Julie Finocchio, Appellant,
vs. William Mahler and Amanda Mahler, Respondents. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77786,
denied. |
|
| SC83387 |
Pac-One, Inc., Appellant, vs.
Gregory F.X. Daly, License Collector of the City of St. Louis,
Respondent. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED78149,
denied. |
|
| SC83388 |
Boxes, Inc., et al.,
Appellants, vs. Gregory F.X. Daly, License Collector of the City of St. Louis,
Respondent. |
|
|
|
Appellants' application for
transfer from the Missouri Court of Appeals, No. ED78150,
denied. |
|
| SC83389 |
State of Missouri, Respondent,
vs. Jose Jaime, Appellant. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED76601,
denied. |
|
| SC83390 |
Tamie Walkenhorst-Newman and
Katherine Walkenhorst-King, Respondents, vs. Montgomery Elevator, et al.,
Defendants, Mark J. Walkenhorst, Sr., Appellant. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. ED77611,
denied. |
|
| SC83393 |
Union Hill Homes Association,
Inc., Appellant, vs. RET Development Corporation, Inc., et al.,
Respondents. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. WD59328, denied. Price, C.J.,
Holstein and Stith, JJ., not participating. |
|
| SC83398 |
State of Missouri, Respondent,
vs. Andrew E. Puig, Appellant. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. SD23541,
denied. |
|
| SC83405 |
State of Missouri, Respondent,
vs. Clarissa J. Agee, Appellant. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. SD23341,
denied. |
|
| SC83406 |
George Brown, Jr., Appellant,
vs. State of Missouri, Respondent. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. SD23861, sustained and cause
ordered transferred. |
|
| SC83415 |
State of Missouri, Respondent,
vs. Mark T. Galazin, Appellant. |
|
|
|
Respondent's application for
transfer from the Missouri Court of Appeals, No. WD57900, sustained and cause
ordered transferred. Stith, J., not
participating. |
|
| SC83416 |
State of Missouri, Respondent,
vs. Justin E. Witte, Appellant. |
|
|
|
Appellant's application for
transfer from the Missouri Court of Appeals, No. SD22862,
denied. |
WRITS AND
OTHER ORIGINAL PROCEEDINGS
|
| SC83346 |
State ex rel. John A.
Hunsaker, Individually and as Next Friend for Wynter Alexandria Hansaker, a
minor child, Relator, vs. Commissioner Scott B. Tinsley, Family Court Division,
Circuit Court of Greene County, Missouri, Respondent. |
|
|
|
Petition for writ of
prohibition denied. |
|
| SC83347 |
State ex rel. Indigent and
Minority Prisoners, Relators, vs. The Honorable Ronald R. Holliger, et al.,
Respondents. |
|
|
|
Petition for writ of mandamus
denied. Stith, J., not participating. |
|
| SC83325 |
State ex rel. Joshua Clubb,
Petitioner, vs. Gene Stubblefield, Superintendent, Respondent. |
|
|
|
Petition for writ of habeas
corpus denied. |
|
| SC83354 |
State ex rel. Ricky Durham,
Petitioner, vs. Attorney General of Missouri, et al.,
Respondents. |
|
|
|
Petition for writ of habeas
corpus denied without prejudice pursuant to Rule
91.02. |
|
| SC83367 |
State ex rel. Donzell
Rosenberg, Petitioner, vs. State of Missouri, et al.,
Respondents. |
|
|
|
Petition for writ of mandamus
denied without prejudice pursuant to Rule
84.22. |
|
| SC83371 |
State ex rel. Victoria Hogue,
Relator, vs. The Honorable Emmett M. O'Brien Judge, 21st Judicial Circuit,
Respondent. |
|
|
|
Petition for writ of mandamus
denied. |
|
| SC83391 |
State ex rel. Stacey Sue
Greenwood, individually and as personal representative of the Estate of Michael
J. Greenwood, Relator, vs. The Honorable Jon R. Gray, Judge, Circuit Court of
Jackson County, Missouri, et al., Respondents. |
|
|
|
Petition for writ of
prohibition sustained. Alternative writ ordered to issue returnable to Court en
Banc in thirty days. Stith, J., not
participating. |
|
| SC82912 |
In re: Robert Michael Shea,
Petitioner. |
|
|
|
Petition for reinstatement
denied. |
|
| SC83404 |
State ex rel. James Davis
Lewis, Petitioner, vs. The Honorable William C. Seay, Judge, and Sheriff Gray
Barton, Reynolds County Sheriff, Respondents. |
|
|
|
Petition for writ of habeas
corpus denied. |
|
| SC83368 |
State ex rel. Kevin Smith,
Petitioner, vs. Larry Rowley, Respondent. |
|
|
|
Petition for writ of habeas
corpus denied. |
|
| SC83358 |
State ex rel. Torino Rice,
Petitioner, vs. Missouri Department of Corrections, et al.,
Respondents. |
|
|
|
Petition for writ of habeas
corpus denied without prejudice pursuant to Rule
84.22. |
|
| SC83359 |
State ex rel. Lionel D.
Williams, Petitioner, vs. Michael Murphy, Respondent. |
|
|
|
Petition for writ of habeas
corpus denied. Stith, J., not
participating. |
|
| SC83408 |
State ex rel. Joe Reed,
Relator, vs. The Honorable Thomas J. Frawley, Judge, Circuit Court of St. Louis
City, Respondent. |
|
|
|
Petition for writ of
prohibition or writ of mandamus sustained. Alternative writ ordered to issue
returnable to Court en Banc in thirty days. |
|
| SC83414 |
State ex rel. Public Service
Commission of the State of Missouri, Relator, vs. The Honorable Randall R.
Jackson, Judge, Division No. 1, Circuit Court of Buchanan County,
Respondent. |
|
|
|
Petition for writ of
prohibition sustained. Alternative writ ordered to issue returnable to Court en
Banc in thirty days. Stith, J., not
participating. |
|
| SC83417 |
State ex rel. Clara Schallert,
Relator, vs. The Honorable Edward M. Peek, Judge, Respondent. |
|
|
|
Petition for writ of mandamus
or, in the alternative for writ of procedendo
denied. |
|
| SC83418 |
State ex rel. Joseph Kennedy,
Petitioner, vs. Mike Kemna and State of Missouri, Respondents. |
|
|
|
Petition for writ of habeas
corpus denied. |
|
| SC83419 |
State ex rel. Timothy L.
Pruitt, Petitioner, vs. Michael Murphy, Superintendent,
Respondent. |
|
|
|
Petition for writ of habeas
corpus denied. Stith, J., not
participating. |
|
| SC83357 |
State ex rel. David Bruce
Lloyd, Petitioner, vs. Robin Thorne, et al., Respondents. |
|
|
|
Petition for writ of habeas
corpus denied. Stith, J., not
participating. |
|
| SC83422 |
State ex rel. Andrew Gruchala,
et al., Relators, vs. The Honorable Robert S. Cohen,
Respondent. |
|
|
|
Petition for writ of
prohibition denied.
Relators' motion to shorten time
overruled. |
|
| SC83423 |
State ex rel. Danny Wolfe,
Relator, vs. The Honorable James P. Anderton, Respondent. |
|
|
|
Petition for writ of
prohibition denied. |
MOTIONS
|
SC57512
and
SC57513 |
State of Missouri, Respondent,
vs. Jerry Lynn Parker, Appellant. |
|
|
|
Appellant's motion to recall
the mandate overruled.
Appellant's motion for appointment of counsel
overruled. |
|
| SC82743 |
State of Missouri, Respondent,
vs. Bobby Joe Mayes, Appellant. |
|
|
|
Appellant's motion to reverse
and remand for a new trial due to prosecutorial misconduct, or alternatively,
motion to vacate and remand for resentencing with allocution overruled. Stith,
J., not
participating. |
Day - to - Day,
________________________
William Ray Price, Jr.
Chief
Justice
The next regular
conference of Court en Banc will be on April 24, 2001.