Supreme Court of Missouri
en banc

September 28, 2004

MOTIONS FOR REHEARING
SC85419	State of Missouri, Respondent, vs. Richard Strong, Appellant.
	Appellant's motion for rehearing overruled. Execution set for January 7, 2005.

SC85473	State ex rel. Union Planters Bank, N.A., et al., Relators, vs. The Honorable Larry L. Kendrick, Judge, Division 17, Circuit Court of St. Louis County, Respondent.
	Relators' motion to modify opinion overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC86047	Mary Teresa Webb, Appellant, vs. Lori Kisling and Mark Kisling, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83322, denied.

SC86057	Richard A. Avila and Dana Avila, Appellants, vs. Community Bank of Virginia, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD61568, denied.

SC86117	Steven Q. and Cody J. Adkison, et al., Appellants, vs. FirstPlus Bank, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD62308, denied.

SC86206	State of Missouri, Respondent, vs. Brenda K. Williams, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62501, denied.

SC86207	Edward Wilkes, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62730, denied.

SC86209	In re The Idella M. Fee Revocable Trust Idella M. Fee, Phyllis A. Dodds and Sarah N. Anderson, Trustees, Respondents, vs. Richard L. Dodds, Sr., and Carolyn S. Dodds, his wife, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD25746, denied.

SC86210	Gary S. Nadolski and Patricia Elizabeth Nadolski, Respondents, vs. Iftekhar Ahmed, M.D., et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD62527, denied.

SC86211	Marvin's Midtown Chiropractic Clinic, L.L.C., Appellant, vs. State Farm Mutual Automobile Insurance Company, et al.; American Family Mutual Insurance Company, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD63311, denied.

SC86213	Janet Candela, Appellant, vs. Missouri Board of Probation and Parole, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63024, denied.

SC86169	Lawrence Dale Spidle, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64059, denied. Appellant's motion for Rule 91.06 relief and immediate release from custody overruled as moot.

SC86214	Gary W. Ogg and Janice Ogg, Appellants, vs. Mediacom, L.L.C., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD63033, denied.

SC86215	Jeffrey Roorda, Appellant, vs. The City of Arnold, Missouri, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62570, denied.

SC86219	State of Missouri, Respondent, vs. James W. Boyd, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD61692, denied.

SC86220	President Riverboat Casino-Missouri, Inc., Appellant, vs. Missouri Gaming Commission, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62242, denied.

SC86221	John A. Brock, et al., Respondents, vs. George D. Blackwood, Jr., Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD62828, denied.

SC86226	City of Pagedale, Respondent, vs. Sean Murphy, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83655, denied.

SC86228	Vince R. Martin, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25761, denied.

SC86235	Edward V. Lawrence, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83995, denied.

SC86239	Albert E. Bender, Sr., et al., Appellants, vs. Forest Park Forever, Inc., et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED83852, denied.

SC86240	James Fisher, et al., Respondents, vs. Steve Roling, Director, State of Missouri, Department of Social Services, Division of Medical Services, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83732, denied.

SC86241	Serveller McNeil-Terry, et al., Respondents, vs. Steve Roling, Director, State of Missouri, Department of Social Services, Division of Medical Services, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83731, denied.

SC86242	In the Interest of T.F., a minor, In the Interest of B.F., a minor, In the Interest of G. F., a minor, In the Interest of K.D.F., a minor, Raymond J. Grush, Juvenile Officer, Respondent, vs. K.F. and T.F., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED84066, denied.

SC86245	Richard M. Terry, Appellant, vs. Karyl A. Terry, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82405, denied.

SC86246	Carl W. Webb, et al., Appellants, vs. Georgia Mullikin, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED83735, denied.

SC86247	Joshua Goede, et al., Respondents, vs. Aerojet General Corporation and Aerojet International, Inc., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED82833, denied.

SC86254	Thomas Frey, Appellant, vs. Joyce Goldring, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82542, denied.

SC86255	Clark's Resource, Inc., Appellant, vs. Sean A. Ireland, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED83936, denied.

SC86256	State of Missouri, Respondent, vs. David Livingston, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82820, denied.

SC86257	Jane Daily Snyder, Respondent, vs. Eric J. Snyder, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82346, denied.

SC86260	Rowan R. Kloppe, et al., Appellants, vs. Boone National Savings & Loan, d/b/a Edward Jones Trust Company, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED83554, denied.

SC86261	State of Missouri, Respondent, vs. Anthony Payne, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83114, denied.

SC86262	David Ryan, Appellant, vs. David Rademacher and Violet Rademacher, Respondents.
	Respondent Violet Rademacher's application for transfer from the Missouri Court of Appeals, No. ED83718, denied.

SC86268	State of Missouri, Respondent, vs. Leslie D. Naasz, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25712, denied.

SC86269	Karen F. Trimble, d/b/a A-Advanced Bail Bonds, Respondent/Cross-Appellant, vs. Timmi Ann Pracna, Appellant/Cross-Respondent, and Treveillian Heartfelt, Defendant.
	Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. SD25555 & SD25563, sustained and cause ordered transferred.

SC86273	Keshav Joshi, M.D., Appellant/Cross-Respondent, vs. St. Luke's Episcopal-Presbyterian Hospital, et al., Respondents/Cross-Appellants.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED83566, denied.

SC86274	Charles Jennings, Respondent, vs. Crestside Heating & Cooling, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83850, denied.

SC86279	Government e-Management Solutions, Inc., Respondent, vs. American Arbitration Association, Inc., Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED83129, denied.

SC86280	Beverly J. Bumm, Trustee, et al., Appellant, vs. Olde Ivy Development, LLC, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD25734, denied.

SC86282	Trevor Vernon, Appellant, vs. Director of Revenue, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD25932, denied.

SC86284	Clarence Cook, et al., Respondents, vs. Joseph Newman, M.D., et al., Appellants, Alan Buchele, M.D., and Alan Buchele, M.D., P.C., Defendants.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD62634, denied.

SC86288	State of Missouri, Respondent, vs. Jimmy L. Williams, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62153, denied.

SC86292	Joshua F. Smith, Respondent, vs. Charles G. Shaw, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63413, sustained and cause ordered transferred. Respondent's application for transfer from the Missouri Court of Appeals, No. WD63413, sustained and cause ordered transferred.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC86085	State ex rel. Timothy Fendler, Petitioner, vs. Jennifer Joyce, The Honorable Joan Burger, Mariano Favazza, and Stephen Reynolds, Respondents.
	Petition for writ of mandamus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC86115	State ex rel. Steffan's Towing, LLC, Relator, vs. The Honorable John J. Riley, Respondent.
	Petition for writ of mandamus denied.

SC86094	State ex rel. Lloyd E. Fisher, Relator, vs. The Honorable Fred W. Copeland, Respondent.
	Petition for writ of mandamus denied. Limbaugh, J., not participating.

SC86172	State ex rel. First Financial Insurance Company, Relator, vs. The Honorable Thomas J. Brown, III, Respondent.
	Petition for writ of prohibition denied.

SC86189	State ex rel. George Hannett, Petitioner, vs. Missouri Court of Appeals, Western District, Respondent.
	Petition for writ of certiorari denied.

SC86197	State ex rel. York International Corporation, Relator, vs. The Honorable W. Stephen Nixon, Respondent.
	Petition for writ of prohibition denied.

SC86208	State ex rel. Bradley H. Lockenvitz, Petitioner, vs. Gary Kempker, Director of Department of Corrections and Denis Agniel, Chairman of the Board of Probation and Parole, Respondents.
	Petition for writ of habeas corpus denied.

SC86179	State ex rel. William D. Mayfield, Petitioner, vs. James Anthony Gammon, Superintendent, Moberly Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC86224	State ex rel. Tanya K. Brumbaugh, Relator, vs. The Honorable Vernon E. Scoville, III, Respondent.
	Petition for writ of prohibition denied.

SC86202	State ex rel. William E. Dunlap, Jr., Petitioner, vs. Steven Moore, Superintendent, Western Missouri Correctional Center, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rules 84.22 and 91.02(a).

SC86243	State ex rel. Gwendolyn M. Gore, Petitioner, vs. The Honorable Michael Manners, Respondent.
	Petition for writ of mandamus or, in the alternative, prohibition denied.

SC85635	State ex rel. David Cruesoe, Petitioner, vs. Dave Dormire and Missouri State Board of Probation and Parole, Respondents.
	Petition for writ of mandamus and/or habeas corpus denied without prejudice pursuant to Rules 84.22 and 91.02(a).

SC86250	State ex rel. David Duvall, Relator, vs. The Honorable Gary Oxenhandler, Respondent.
	Petition for writ of mandamus or in the alternative writ of prohibition denied.

SC86252	State ex rel. A.S.W., by and through his Biological Father, Paul Warren, Petitioners, vs. The Honorable Darrell E. Missey, et al., Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion to shorten time for suggestions in opposition overruled as moot.

SC86259	State ex rel. Thomas Smith, Petitioner, vs. The Honorable Keith M. Sutherland, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc within thirty days.

SC86263	State ex rel. Israel Rocha, Petitioner, vs. Bill Burgess, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC86264	State ex rel. Tanya K. Brumbaugh, Relator, vs. The Honorable Vernon E. Scoville, III, Respondent.
	Petition for writ of prohibition denied.

SC86271	State ex rel. Richard Haskett, Petitioner, vs. Mike Kemna, Respondent.
	Petition for writ of habeas corpus denied.

SC86276	State ex rel. Darrell L. Moore, Greene County Prosecuting Attorney, Relator, vs. The Honorable Dan Conklin, Respondent.
	Petition for writ of mandamus and/or prohibition denied.

SC86291	State ex rel. Columbus W. Neal, Petitioner, vs. Mike Kemna, Superintendent, Crossroads Correctional Center, Respondent.
	Petition for writ of habeas corpus and petition for writ of habeas corpus ad of subjiciendum denied. Petitioner's motion for appointment of counsel overruled as moot. Petitioner' s motion to include documents to support petition for writ of habeas corpus overruled as moot.

MOTIONS
SC85696	Missouri Coalition for the Environment, et al., Appellants, vs. Thomas A. Herrmann, et al., Respondents.
	Appellant's motion for award of reasonable fees and expenses overruled.

SC79163	State of Missouri, Respondent, vs. Allen L. Nicklasson, Appellant.
	Appellant's motion to recall the mandate overruled.

SC86236	In re the Matter of Scott Dyer
	Respondent Scott Dyer's motion to reconsider or for expedited hearing overruled.

SC86289	Stanley Boyd, Petitioner, vs. State of Missouri, Respondent.
	Petitioner's motion for special order to appeal denial of motion to reopen post-conviction proceedings overruled.

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