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Minutes of June 30, 2006


Supreme Court of Missouri
en banc

June 30, 2006

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OPINION BY STITH, J.
SC86573Jane Doe I, et al., Appellants, vs. Thomas Phillips, et al., Respondents.
AFFIRMED IN PART; REVERSED IN PART; REMANDED. All concur.




OPINION BY STITH, J.
SC87415In the Matter of the Care and Treatment of Albert Bernat, Appellant, vs. State of Missouri, Respondent.
REVERSED AND REMANDED. Wolff, C.J., Teitelman and White, JJ., concur; Limbaugh, J., concurs in part and dissents in part in separate opinion filed; Price and Russell, JJ., concur in opinion of Limbaugh, J.




OPINION BY PRICE, J.
SC87203State ex rel. Gayle Vincent, et al., Relators, vs. The Honorable Nancy Schneider, Respondent.
WRIT QUASHED. Wolff, C.J., Russell and White, JJ., concur; Stith, J., concurs in separate opinion filed; Teitelman, J., concurs in opinion of Stith, J.; Limbaugh, J., concurs in result in separate opinion filed.




OPINION BY LIMBAUGH, J.
SC87192Kidde America, Inc., and subsidiaries, Appellants, vs. Director of Revenue, Respondent.
REVERSED AND REMANDED. All concur.



OPINION BY LIMBAUGH, J.
SC87369Mark Spiece, Respondent, vs. Melody Garland, Appellant.
REVERSED AND REMANDED. Wolff, C.J., Stith, Price and Russell, JJ., concur; Teitelman, J., dissents in separate opinion filed; White, J., concurs in opinion of Teitelman, J.




PER CURIAM
SC87060Terrance Anderson, Appellant, vs. State of Missouri, Respondent.
AFFIRMED IN PART; REVERSED IN PART; REMANDED. All concur.




PER CURIAM
SC87199Grinnell Mutual Reinsurance Company, Respondent, vs. Cathy S. Walters, et al., Defendants, John Best, Tammy Best, and Trenton Best, a minor, Appellants.
AFFIRMED. All concur.






MOTIONS FOR REHEARING
SC86854Nitro Distributing, Inc., et al., Respondents, vs. Jimmy V. Dunn, et al., Appellants.
Appellants' motion for rehearing overruled. Opinion modified on Court's own motion.



SC86855Netco, Inc., et al., Respondents, vs. Jimmy Dunn, et al., Appellants.
Appellants' motion for rehearing overruled. Opinion modified on Court's own motion.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC87614Robert L. Adams and Laraine Rae Adams, his wife, Appellants, vs. Union Planters Bank, N.A., Respondent.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED85841, sustained and cause ordered transferred. Cause ordered retransferred to the Missouri Court of Appeals, Eastern District, for reconsideration in light of Rodney and Diane Glass vs. First National Bank of St. Louis, No. SC87244 (decided May 16, 2006).



SC87667In the Interest of C.J.G., C.B.G., Appellant, vs. Missouri Department of Social Services, Children's Division, and C.W., Respondents, J.S. and F.S., Intervenors/Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD27040, sustained and cause ordered transferred.



SC87684Joshua Gene Duncan, Appellant, vs. Penn-America Insurance Company, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD65357, denied.




SC87686Robert W. Akers, Appellant, vs. Director of Revenue, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD65722, denied.




SC87687State of Missouri, Respondent, vs. David Fitzpatrick, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD64399, denied.




SC87688Betty R. Dykes, Respondent, vs. Gentry County, Missouri, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD65188, denied.



SC87689David Pierce, Appellant, vs. BSC, Inc., and Builders' Association Self-Insurers' Fund, Respondents.
Respondents' application for transfer from the Missouri Court of Appeals, No. WD65802, sustained and cause ordered transferred.




SC87690Craig A. Kaufman, Respondent, vs. Director of Revenue, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD64797, denied.



SC87691Dennis E. Hess, Appellant-Respondent, vs. Chase Manhattan Bank USA, N.A., Respondent-Appellant.
Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD64370 (consolidated with WD64407), sustained and cause ordered transferred. Price, J., not participating.



SC87694Craig S. Adams, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD65732, denied.



SC87695Matthew Wayne Cook, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD26981, denied.



SC87696Healthstyle Products International, Inc., Appellant, vs. Union Planters Bank, Respondent, and A.G. Edwards & Sons, Inc., Defendant.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED86371, denied.


SC87699State of Missouri, Respondent, vs. Barry Leroy Johnson, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED86159, denied.



SC87697Michael A. Harris, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED85573, denied.



SC87700State of Missouri, Respondent, vs. Charles R. Eoff, Jr., Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD26047, denied.



SC87708State of Missouri, Respondent, vs. Mark Sevier, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED86177, denied.



SC87713Lannie Dejournett, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD27249, denied.




SC87714Jan Finney, Respondent, vs. National Healthcare Corp., d/b/a Joplin Healthcare Center, et al., Appellants.
Appellants' application for transfer from the Missouri Court of Appeals, No. SD26971, denied.



SC87715Stephen J. Hill, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD26690, denied.



SC87721Sean Wood, Appellant, vs. Jamie Wood, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED85943, denied.



SC87724Patrick J. Hutchings, by his guardian, John R. Hutchings, Respondent/Cross-Appellant, vs. Steven Roling, Director, Missouri Department of Social Services, Appellant/Cross-Respondent.
Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED85999 and ED86019, denied.



SC87725Don P. Rhodes, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD27514, denied.



SC87732Richard Hoyt and Joan Hoyt, Appellants, vs. GE Capital Mortgage Services, Inc., Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED86309, denied.



SC87733William Lewis, Appellant, vs. Allstate Insurance Company, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD65629, denied.



SC87735Sharolynne Y. Waller, Appellant, vs. YMCA of Greater St. Louis, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED86612, denied.



SC87739State of Missouri, Respondent, vs. Vincent McFadden, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED85858, denied.



SC87740Abbott Ambulance, Appellant, vs. St. Charles County Ambulance District, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED86546, denied.


SC87741Allen Shephard, Appellant, vs. Joe Litton, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED86693, denied.



SC87743Jennifer McChesney, Respondent, vs. Robert O'Reilly, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED86416, denied.



SC87745Terence Holloway, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED85919, denied.



SC87750Fred Schoemehl, deceased, Annette Schoemehl, Appellant, vs. Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD27418, sustained and cause ordered transferred.



WRITS AND OTHER ORIGINAL PROCEEDINGS
SC87692State ex rel. Inpatient Consultants of Missouri, Inc., and Helal Ekramuddin, M.D., Relators, vs. The Honorable Steven R. Ohmer, Respondent.
Petition for writ of prohibition denied.




SC87693State ex rel. Dorothy Wright, Relator, vs. The Honorable Owens Lee Hull, Respondent.
Petition for writ of mandamus denied.



SC87701State ex rel. Ray Gene Stout, Petitioner, vs. Moberly Correctional Center Warden, Respondent.
Petition for writ of habeas corpus denied.

Petitioner's motion to issue writ of habeas corpus in the interest of justice overruled as moot.



SC87706State ex rel. Reginald P. Irish, Petitioner, vs. State of Missouri, et al., Respondents.
Petition for writ denied.



SC87717State ex rel. Reginald P. Irish, Petitioner, vs. State of Missouri, et al., Respondents.
Petition for writ denied.



SC87720State ex rel. Arlene Eads Brown and Frank Albert Brown, Relators, vs. The Honorable Jacqueline Cook, Respondent.
Petition for writ of prohibition denied.



SC87726State ex rel. William Ferguson, Petitioner, vs. Steve Moore, Superintendent, Western Missouri Correctional Center, Respondent.
Petition for writ of habeas corpus denied.



SC87727State ex rel. Reginald P. Irish, Petitioner, vs. State of Missouri, Respondent.
Petition for writ denied.



SC87728State ex rel. Reginald P. Irish, Petitioner, vs. State of Missouri, et al., Respondents.
Petition for writ denied.



SC87729State ex rel. Reginald P. Irish, Petitioner, vs. State of Missouri, et al., Respondents.
Petition for writ denied.



SC87730State ex rel. Ricky E. Moore, Petitioner, vs. Kevin Schroeder, Sheriff of Washington County, Missouri, Respondent.
Petition for writ of habeas corpus denied.




SC87659State ex rel. Dennis L. Williams, Relator, vs. Melinda Gumm, Respondent.
Petition for writ of mandamus denied.



SC87670State ex rel. Ronnie L. Hankins, Petitioner, vs. James Purkett, Superintendent,
et al., Respondents.
Petition for writ of habeas corpus denied.

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

Petitioner's motion to declare jurisdiction overruled as moot.



SC87680State ex rel. Marvin Jennings, Relator, vs. James Purkett, Respondent.
Petition for writ of habeas corpus denied.



SC87716State ex rel. Todd Gerald Rabideau, Petitioner, vs. James A. Gammon, Superintendent, Respondent.
Petition for writ of habeas corpus denied.



SC87742State ex rel. Michael West, Petitioner, vs. City of O'Fallon, et al., Respondents.
Petition for writ of habeas corpus denied without prejudice purusant to Rule 91.02.






MOTIONS
SC87737In re: Donald C. Anton, Petitioner.
Petitioner's motion for exemption from Supreme Court Rule 5.28(c) overruled.






Day - to - Day,



____________________________________
Michael A. Wolff, Chief Justice



The next regular conference of Court en Banc will be on August 22, 2006.

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