Supreme Court of Missouri
en banc

November 20, 2001

OPINION BY WHITE, J.
SC83350	In the Matter of Estate of: Raymond Klauber, Incapacitated/Disabled.
	AFFIRMED. Limbaugh, C.J., Holstein, Benton and Stith, JJ., concur; Price, J., dissents in separate opinion filed; Wolff, J., concurs in opinion of Price, J.

OPINION BY WHITE, J.
SC83633	Farmers' Electric Cooperative, Inc., Respondent, vs. Missouri Department of Corrections, Appellant.
	REVERSED AND REMANDED. All concur.

OPINION BY HOLSTEIN, J.
SC83543	State of Missouri, ex rel. Jeremiah W. (Jay) Nixon, Attorney General, Relator, vs. The Honorable Gary Sprick, Associate Judge, Randolph County, and Norma Prange, Circuit Clerk of Randolph County, Respondents.
	RECORD QUASHED. All concur.

OPINION BY BENTON, J.
SC83383	Purcell Tire & Rubber Company, Inc., Appellant, vs. Executive Beechcraft, Inc., Respondent.
	AFFIRMED. Limbaugh, C.J., Holstein, Wolff and Price, JJ., and Simon, Sp.J., concur; White, J., concurs in separate opinion filed; Wolff, J., concurs in opinion of White, J. Stith, J., not participating.

OPINION BY PRICE, J.
SC83106	Brandon Hutchison, Appellant, vs. State of Missouri, Respondent.
	REVERSED AND REMANDED. All concur.

OPINION BY PRICE, J.
SC83382	Carl H. Greeno, Appellant, vs. State of Missouri, Respondent.
	AFFIRMED. Limbaugh, C.J., White, Holstein, Wolff and Benton, JJ., and Simon, Sp.J., concur. Stith, J., not participating.

OPINION BY PRICE, J.
SC83408	State ex rel. Joe Reed, Relator, vs. The Honorable Thomas J. Frawley, Judge, Circuit Court of St. Louis City, Respondent.
	WRIT MADE ABSOLUTE. All concur.

PER CURIAM
SC83953	In re Catherine Beyersdorfer, Incapacitated and Disabled Gloria Kupneski, Respondent, vs. Peter Beyersdorfer, Appellant.
	REVERSED AND REMANDED. All concur.

MOTIONS FOR REHEARING
SC83738	In the Matter of Joseph Johnson, Appellant, vs. State of Missouri, Respondent.
	Respondent's motion for rehearing overruled. Appellant's motion for rehearing overruled.

SC83415	State of Missouri, Respondent, vs. Mark T. Galazin, Appellant.
	Appellant's motion for rehearing overruled. Stith, J., not participating.

SC83645	Felicia N. Robinson, Appellant, vs. Health Midwest Development Group, d/b/a Lafayette Regional Health Center, Respondent.
	Appellant's motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC83976	William Andresen, et al., Appellants, vs. Board of Regents of Missouri Western State College, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD59415, denied.

SC83981	State of Missouri, Respondent, vs. Mark E. Santas, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58809, denied.

SC83982	Robert Ludlow, Appellant, vs. Director of Revenue, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59327, denied.

SC83983	State of Missouri, Respondent, vs. Helen J. Brown, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23859, denied.

SC83984	State of Missouri, Respondent, vs. Richard Sales, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58123, denied.

SC83985	State of Missouri, Respondent, vs. Darwin L. Threadgill, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58545, denied.

SC83986	State of Missouri, Respondent, vs. William Taylor, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58223, denied.

SC83987	Joseph Lovenduski, Respondent, vs. Craig L. McGrain, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD59260, sustained and cause ordered transferred.

SC83991	State of Missouri, Respondent, vs. Rodney Crockett, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59218, denied.

SC83994	State of Missouri, Respondent, vs. Shane C. Roberts, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59246, denied.

SC83995	Melvis Palmer, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79044, denied.

SC83996	State of Missouri, Respondent, vs. Tremayne L. Guinn, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57191, denied.

SC83997	State of Missouri, Respondent, vs. Robert McKinney, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58547, denied.

SC83998	Paul R. Ellison, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58651, denied.

SC83999	Brian Kelley, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58961, denied.

SC84000	State of Missouri, Respondent, vs. Earnest H. Eacret, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59152, denied.

SC84001	State of Missouri, Respondent, vs. Damar West, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58797, denied.

SC84002	Talitha Burleson, et al., Appellants, vs. James Fleming and Enterprise Leasing Company of Kansas, Respondents.
	Respondent Enterprise Leasing Company of Kansas' application for transfer from the Missouri Court of Appeals, No. WD58933, denied.

SC84004	State of Missouri, Respondent, vs. Brian Weiss, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78624, denied.

SC84006	Steven Gail Daniels, Appellant, vs. Missouri Board of Probation and Parole, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59591, denied.

SC84007	Kenneth Bray, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78141, denied.

SC84008	Phyllis (Inman) Freeman and Jennifer R. Tobin, Appellants, vs. Leader National Insurance Company, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, Nos. ED78679 and ED78716, denied.

SC84012	Paul M. Allen, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78274, denied.

SC84013	In the Interest of J.B.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED78372, denied.

SC84014	State of Missouri, Respondent, vs. Thomas E. Nolan, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78404, denied.

SC84015	Trans World Airlines, Inc., Appellant/Cross-Respondent, vs. Associated Aviation Underwriters, et al., Respondents/Cross-Appellants.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED76846, denied.

SC84028	Beverly Lines, Appellant, vs. Mercantile Bank, N.A., f/k/a Mercantile Bank of South Central Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23886, sustained and cause ordered transferred.

SC83980	Johnny Thomas, Appellant, vs. Joanne Rice, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58899, denied.

SC84030	Lyllis A. Thompson, Appellant, vs. Missouri Veterans' Home and Missouri Office of Administration/CARO, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24108, denied.

SC84035	State of Missouri, Respondent, vs. Cornealious M. Anderson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77996, sustained and cause ordered transferred.

SC84038	Esther Jackson, et al., Appellants, vs. James Jackson, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD24048, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC83833	State ex rel. Ryder Intergrated Logistics, Inc. and Richard C. Schroeder, Relators, vs. The Honorable Margaret N. Neill, Respondent.
	Petition for writ of prohibition and mandamus denied without prejudice to a redetermination of venue under the third amended petition, including consideration of this Court's opinion in State ex rel. Linthicum v. Calvin, ___ SW3d ___ (Mo. banc 2001) (No. SC83558, decided October 23, 2001), to the extent it may be applicable.

SC83988	State ex rel. Boaz Rafaeli, Petitioner, vs. The Honorable Eugene J. Gabianelli, Municipal Judge, City of Ladue, Missouri, Respondent.
	Petition for writ of prohibition denied.

SC83963	State ex rel. Timothy W. Davis, Petitioner, vs. James Purkett, Superintendent, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled.

SC84011	State ex rel. Gerry Taylor, Relator, vs. The Honorable Barbara W. Wallace, Judge, Circuit Court of St. Louis County, Missouri, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC83972	State ex rel. Rodney Holmes, Petitioner, vs. State of Missouri, et al., Respondents.
	Petition for writ of habeas corpus denied.

SC84017	State ex rel. The Board of Education of the City of St. Louis, Relator, vs. The Honorable Robert H. Dierker, Judge, Circuit Court of City of St. Louis, Missouri, Respondent.
	Petition for writ of prohibition denied without prejudice.

SC84018	State ex rel. Michael Allen Smith, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied.

SC84025	State ex rel. DaimlerChrysler Corporation, et al., Relators, vs. The Honorable Robert H. Dierker, Jr., Judge, St. Louis City Circuit Court, Respondent.
	Petition for writ of prohibition denied.

SC84029	State ex rel. John D. Gustin, Relator, vs. The Honorable Daniel Czamanske, Judge of the Platte County Circuit Court, Division 3, Respondent.
	Petition for writ of prohibition or, in the alternative, writ of mandamus denied.

SC84031	State ex rel. Marcus C. Townsend, Petitioner, vs. Dave Dormire, Superintendent, Jefferson City Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC83990	State ex rel. Johnnie Sterling, Petitioner, vs. Al Luebbers, Respondent.
	Petition for writ of habeas corpus denied.

SC83978	State ex rel. William Cooper, Petitioner, vs. The Honorable Thomas J. Brown III, Circuit Court of Cole County, Missouri, Respondent.
	Petition for writ of mandamus denied.

SC84039	State ex rel. Herbert Dean Burnfin, Jr., Relator, vs. James D. Purkett, Respondent.
	Petition for writ of habeas corpus denied.

MOTIONS
SC77688	State of Missouri, Respondent, vs. Michael I. Owsley, Appellant.
	Appellant's pro se motion to recall the mandate overruled.

SC83485	State of Missouri, Respondent, vs. Andre Cole, Appellant.
	Appellant's motion requesting Court to take judicial notice of records in State vs. Marschke, No. SD23887 and State vs. Helm, No. ED75924, 14 S.W.3d 642 (Mo.App.E.D. 2000) overruled.

SC76225	State of Missouri, Respondent, vs. Jeffrey Lane Tokar, Appellant.
	Appellant's motion to recall the mandate overruled. White, J., not participating.

SC83971	In re: Joseph Patrick Masterson, Petitioner.
	Petitioner's motion to apply old Supreme Court Rule 5.28 adopted June 20, 1995, effective January 1, 1996, without requirement that petitioner apply for and pass the Missouri Bar Examination, or in the alternative, motion to waive requirement that petitioner apply for and pass the Missouri Bar Examination under new Supreme Court Rule 5.28, amended May 14, 1999, effective January 1, 2000, overruled.

SC83945	In re: John A. Klosterman, Respondent.
	Informant's motion to submit without further process sustained.

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