Supreme Court of Missouri
en banc

August 30, 2011

OPINION BY TEITELMAN, C.J
SC91539	St. Charles County, Missouri, Respondent, vs. Laclede Gas Company, Appellant.
	REVERSED AND REMANDED. Russell, Breckenridge, Fischer, Stith and Price, JJ., and Wolff, Sr.J., concur.

OPINION BY BRECKENRIDGE, J.
SC91341	William Wentworth Foster, Appellant, vs. State of Missouri, Respondent.
	AFFIRMED. Teitelman, C.J., Russell, Fischer, Stith and Price, JJ., and Wolff, Sr.J., concur.

OPINION BY BRECKENRIDGE, J.
SC91368	State of Missouri, Appellant, vs. Melvin Ray Davis, Respondent.
	AFFIRMED. Teitelman, C.J., Russell, Fischer, Stith and Price, JJ., and Wolff, Sr.J., concur.

MOTIONS FOR REHEARING
SC90996	In re the Marriage of Tanya L. Lindhorst and Eric J. Lindhorst; Tanya L. Lindhorst n/k/a Tanya L. Templeton, Appellant, vs. Eric J. Lindhorst, Respondent.
	Respondent's motion to modify or correct opinion sustained. Respondent's amended motion to modify or correct opinion sustained. Modified opinion issued on this date. Affirmed in part; reversed in part; remanded. Russell, Breckenridge, Fischer, Stith and Price, JJ., concur.

SC91427	State of Missouri, Respondent, vs. Daniel M. Primm, Appellant.
	Appellant's motion for rehearing overruled. Opinion modified on Court's own motion. Judgment changed to: Affirmed and remanded. Teitelman, C.J., Russell, Breckenridge, Fischer and Stith, JJ., concur.

SC91494	State of Missouri, Respondent, vs. Gary G. Wickham, Appellant.
	Appellant's motion for rehearing, rehearing en banc overruled.

SC91322	State ex rel. Praxair, Inc., Ag Processing, Inc., a cooperative, and Sedalia Industrial Energy Users' Association, Appellants, Office of Public Counsel, Appellant, vs. Missouri Public Service Commission, Great Plains Energy, KCP&L, KCP&L Greater Missouri Operations Co., Respondents.
	Ag Processing, Inc., a cooperative, and Sedalia Industrial Energy Users' Association's motion for rehearing overruled.

SC91125	Kansas City Premier Apartments, Inc., Appellant, vs. Missouri Real Estate Commission, Respondent.
	Appellant's motion to modify opinion overruled.

SC91195	State of Missouri, Respondent, vs. Kasim I. Faruqi, Appellant.
	Appellant's motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC91747	John Owens, et al., Respondents, vs. ContiGroup Companies, Inc., et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD72560, denied. Russell and Breckenridge, JJ., not participating.

SC91749	State of Missouri, Respondent, vs. Errol L. Isom, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD71835, denied.

SC91751	Carol Whitworth, Respondent, vs. McBride & Son Homes, Inc., et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD72466, denied.

SC91760	State of Missouri, Respondent, vs. Melvin Stover, Jr., Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD70594, sustained and cause ordered transferred.

SC91765	Timothy Divers, Appellant, vs. Division of Employment Security, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72655 (consolidated with WD72656), denied.

SC91780	CACH, LLC, Respondent, vs. Jon J. Askew, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94814, sustained and cause ordered transferred.

SC91781	Mary Sturgeon, Respondent, vs. Allied Professionals Insurance Co., A Risk Retention Group, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94605, denied.

SC91782	Lori Morgan, Appellant, vs. State Farm Fire and Casualty Company, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30654, denied.

SC91793	Carol Edmonds, Appellant/Cross-Respondent, vs. Barry Hough, et al., Respondents/Cross-Appellants.
	Respondents/Cross-Appellants' application for transfer from the Missouri Court of Appeals, No. ED94897 consolidated with ED94989, denied.

SC91798	Leonard Taylor, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94839, denied.

SC91802	State of Missouri ex rel. SLAH, L.L.C., Respondent, vs. City of Woodson Terrace, Missouri, a municipal corporation, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED94904, sustained and cause ordered transferred.

SC91814	Michael E. Rauch, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72314, denied. Fischer, J., not participating.

SC91819	John Doe, Respondent, vs. Col. Ron Replogle in his official capacity as Superintendent of the Missouri Highway Patrol, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD72188, denied.

SC91821	State of Missouri, Respondent, vs. David Delaine Liberty, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD71724, sustained and cause ordered transferred.

SC91822	Anthony L. Jackson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD71752, denied.

SC91823	State of Missouri, Respondent, vs. Michael S. Connors, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30026, denied.

SC91824	State of Missouri, Respondent, vs. Mark Frisella, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95157, denied.

SC91827	In the Estate of Mark Douglas Wright, Deceased; Matthew D. Wright as Personal Representative of the Estate of Mark Douglas Wright, Respondent, vs. State of Missouri, Department of Social Services, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72706, denied.

SC91828	Peter Wisong, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72051, denied.

SC91829	John Doe, Respondent, vs. James F. Keathley, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD72121, denied.

SC91830	Emily Baker, Respondent, vs. Department of Mental Health for the State of Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72018, denied.

SC91831	Western Blue Print Company, LLC, Respondent, vs. Myrna Roberts, Mel Roberts, DocuCopy, LLC, and Graystone Properties, LLC, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD72025, sustained and cause ordered transferred.

SC91832	Dolores Forste, Personal Representative of the Estate of Emma France, Appellant, vs. Shannon McKinney, Shannon McKinney, Attorney at Law, LLC, and Law Offices of McKinney & Martin, P.C., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30504, denied.

SC91837	Applied Bank, Appellant, vs. Theodore Wenzlick, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED95453, denied.

SC91838	Michael Edward Carter, Appellant, vs. Director of Revenue, State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95125, denied.

SC91839	Fred Eppenberger, Maxine Smith, and William Bain, individually and on behalf of others similarly situated, Appellants, vs. Metropolitan St. Louis Sewer District, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED95446, denied.

SC91848	State of Missouri, Appellant, vs. Marty Joe Bates, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30701, denied.

SC91853	Ken and Janet Allen, Franklin Quick Cash, LLC, Franklin County Court Services and Meramec Recovery Center, Appellants, vs. Union Insurance Agency, Inc., d/b/a Schroeder Insurance Agency, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED94850, denied.

SC91854	In the Matter of Foreclosure of Liens for Delinquent Land Taxes by Action in Rem; Manager of the Division of Revenue of Jackson County, Missouri, Respondent, vs. Parcels of Land Encumbered with Delinquent Tax Liens, Defendant, Krishna Rajanna, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73772, denied.

SC91860	State of Missouri, Respondent, vs. Danny Ray Wolfe, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27953, denied.

SC91863	Toby E. Lacy, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30568, denied.

SC91866	Michael S. Carney, Respondent, vs. Director of Revenue, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30625, denied.

SC91868	State of Missouri, Respondent, vs. William C. Crayton, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95049, denied.

SC91874	Karen Memhardt, Appellant, vs. Missouri Department of Social Services, Children's Division, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94754, denied.

SC91878	Michael A. Tabor, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30534, denied.

SC91879	Roderick D. Williams, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30588, denied.

SC91882	The Empire District Electric Company, Appellant, vs. Douglas L. Coverdell and Coverdell Enterprises, Inc., Respondents, and City of Branson, Defendant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. SD30557, denied.

SC91883	The Empire District Electric Company, Plaintiff, vs. Douglas L. Coverdell and Coverdell Enterprises, Inc., Respondents, and City of Branson, Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. SD30560, denied.

SC91886	State of Missouri, Appellant, vs. Markus D. Lee, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD71924, denied.

SC91890	James Evans, et al., Appellants, vs. Empire District Electric Company, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD73376, denied.

SC91891	Lana Camp, Appellant, vs. Travel Centers of America, LLC and TA Operating Corp. d/b/a Travel Centers of America, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72810, denied.

SC91820	Neldon Neal, et al., Plaintiffs, Billy Turner, Appellant, vs. Jeremiah W. (Jay) Nixon, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD73134, denied.

SC91894	Rhonda McGinnis, Respondent, vs. Northland Ready-Mix, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD71317, denied.

SC91896	State of Missouri, Respondent, vs. Pren B. Ross, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD71872, denied.

SC91898	Robert L. Bateman, et al., Respondents, James K. Owens, et al., Appellants, vs. Platte County, Missouri, Respondent.
	Respondent Robert L. Bateman's application for transfer from the Missouri Court of Appeals, No. WD71053, sustained and cause ordered transferred.

SC91899	MFA, Incorporated, Appellant, vs. City of Fayette, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72797, denied. Russell, J., not participating.

SC91901	Lee E. Cobb, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72243, denied.

SC91902	Felix Edoho, Appellant, vs. The Board of Curators of Lincoln University, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD72990, denied.

SC91904	Mark Grafeman, Respondent, vs. Director of Revenue, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD72551, denied.

SC91905	Christopher M. Schwenn, Appellant, vs. Police Officers and Fire Fighters Retirement Fund and City of Springfield, Missouri, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30213, denied.

SC91908	Community Financial Credit Union, f/k/a Mid America Credit Union, Respondent, vs. Michael H. Lind and Mary C. Lind, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD30858, denied.

SC91911	William Douglas Zweig, et al., Respondents/Cross-Appellants, vs. The Metropolitan St. Louis Sewer District, Appellant/Cross-Respondent.
	Respondents/Cross-Appellants' application for transfer prior to disposition from the Missouri Court of Appeals, No. ED96110 consolidated with ED96165 and ED96393, denied.

SC91915	Douglas Adams, et al., Appellants, vs. John Friganza, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED95374, denied.

SC91916	State of Missouri, Respondent, vs. Joseph Harden, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30479, denied.

SC91918	Marvin J. Johnson, Respondent, vs. Tom Clements, Director, Division of Adult Institutions, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED95060, denied.

SC91920	State of Missouri, Respondent, vs. Lee A. Smith, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94928, denied.

SC91922	Peter Tsevis and Peter Enterprises, Inc., Appellants, vs. John W. Rourke, Thomas J. Niemann, Reinert & Rourke, P.C., Christopher Tsevis, and CRT Businesses, LLC, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED95389, denied.

SC91923	In re the Marriage of Todd J. Nelson and Suzanne C. Nelson Todd J. Nelson, Respondent, vs. Suzanne C. Nelson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30681, denied.

SC91924	Eleanor Bachman, et al., individually and on behalf of all others similarly situated, Respondents, vs. A.G. Edwards, Inc. and A.G. Edwards & Sons, Inc., Respondents, Ronald Gaynor, personal representative for the Estate of Jessie N. Rigby, Diana Lee Williams IRA Account, and Estate of Diana Lee Williams, Appellant, Robert and Barbara Kirstein, Appellants.
	Appellant Ronald Gaynor's application for transfer from the Missouri Court of Appeals, No. ED95074, denied.

SC91932	Kirk Wampler, Appellant, vs. Aaron Property Management & Realty, Inc., and Missouri Division of Employment Security, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD31365, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC91671	State ex rel. Alvis Williams, Petitioner, vs. Larry Denney, Respondent.
	Petition for writ of habeas corpus denied.

SC91755	State ex rel. Smith & Nephew, Inc., Relator, vs. The Honorable Mark H. Neill, Respondent.
	Petition for writ of prohibition denied.

SC91817	State ex rel. Willie James Luckett, Jr., Petitioner, vs. Troy Steele, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC91825	State ex rel. Allen McCoy, Relator, vs. The Honorable Stephen R. Sharp, Respondent.
	Petition for writ of prohibition denied.

SC91826	State ex rel. Automobile Club Inter-Insurance Exchange and Auto Club Family Insurance Company, Relators, vs. The Honorable Richard C. Bresnahan, Respondent.
	Petition for writ of prohibition denied.

SC91845	State ex rel. Matthew J. King, Petitioner, vs. Alan Blake, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's request for appointment of counsel overruled as moot.

SC91809	State ex rel. Douglas Thompson, Petitioner, vs. Missouri Board of Probation and Parole, Respondent.
	Petition for writ of habeas corpus or writ of mandamus denied without prejudice pursuant to Rule 84.22.

SC91858	State ex rel. Richard Taylor, Petitioner, vs. Tom Villmer, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC91861	State ex rel. Letam Moses Zegenee, Relator, vs. The Honorable John Riley, Respondent.
	Petition for writ of prohibition denied.

SC91870	State ex rel. Donald C. Clark, et al., Relators, vs. The Honorable Jack R. Grate and The Honorable Daniel F. Kellogg, Respondents.
	Petition for writ of mandamus sustained. Preliminary writ of mandamus ordered to issue returnable to Court en Banc in thirty days.

SC91856	State ex rel. DeAngelo L. Thomas, Petitioner, vs. David Dormire, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for evidentiary hearing overruled.

SC91852	State ex rel. Gerald Fischer, Relator, vs. Missouri Department of Corrections, and Missouri Board of Probation and Parole, Respondents.
	Petition for writ of mandamus denied.

SC91846	State ex rel. Steven Craig Watts, Petitioner, vs. Terry Russell, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC91887	State ex rel. Mike Kaliban and Kalfit Enterprises, L.L.C., Relators, vs. The Honorable Ellen L. Siwak, Respondent.
	Petition for writ of prohibition and/or mandamus denied as moot.

SC91889	State ex rel. Charter Communications, Inc., Charter Communications, LLC, and Charter Fiberlink-Missouri, LLC, Relators, vs. The Honorable Michael T. Jamison, Respondent.
	Petition for writ of prohibition denied.

SC91892	State ex rel. Ethel McFarland, Relator, vs. The Honorable James Hartenbach, Respondent.
	Petition for writ of prohibition and mandamus denied.

SC91910	State ex rel. Bobby Bostic, Relator, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied.

SC91226	In re: Scott Gregory Taylor, Petitioner.
	Petition for reinstatement denied.

SC91914	State ex rel. Benedict Kemper, Petitioner, vs. Dave Dormire, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC91895	State ex rel. DeMun D. Walker, Petitioner, vs. Dave Dormire, Respondent.
	Petition for writ of mandamus or prohibition denied. Petitioner's motion for declaratory judgment overruled. Petitioner's motion for order directing Respondent to answer writ overruled. Petitioner's motion for warrant in lieu of writ overruled.

SC91925	State ex rel. Shannon J. Rollins, Petitioner, vs. Warden, Western Reception and Diagnostic Correctional Center, et al., Respondents.
	Petition for writ of habeas corpus denied.

SC91927	State ex rel. Deandre Usery, Petitioner, vs. James Murphy, St. Louis City Sheriff, Respondent.
	Petition for writ of habeas corpus ordered treated as a motion for relief from excessive conditions for release pursuant to Rule 33.09(a) and overruled.

SC90915	In re: Derrick Reuben Williams, Sr., Petitioner.
	Petition for reinstatement denied.

MOTIONS
SC91815	In re: Frank R. Fabbri, III, Petitioner.
	Informant's motion to dismiss sustained.

SC91844	In re: Stanley L. Wiles, Petitioner.
	Informant's motion to dismiss reinstatement application sustained.

Day - to - Day,


____________________________________
Mary R. Russell
Acting Chief Justice

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