Supreme Court of Missouri
en banc

May 29, 2007

OPINION BY WOLFF, C.J.
SC87980	Independence-National Education Association, Independence-Transportation Employees Assocation, Independence-Educational Support Personnel, Randi Louise Mallett, and Ron Cochran, Appellants, vs. Independence School District, Respondent.
	REVERSED AND REMANDED. Stith, Teitelman, Russell and White, JJ., concur; Price, J., concurs in part and dissents in part in separate opinion filed; Limbaugh, J., concurs in opinion of Price, J.

OPINION BY PRICE, J.
SC87785	State of Missouri, Respondent, vs. Gary W. Black, Appellant.
	REVERSED AND REMANDED. All concur.

OPINION BY PRICE, J.
SC88020	Holly Todd and Kodey Todd, by and through Next Friend Holly Todd, Appellants, vs. Missouri United School Insurance Council, Respondent.
	AFFIRMED. All concur.

OPINION BY TEITELMAN, J.
SC88013	Frankie Ray Vanderpool III, Repondent, vs. Director of Revenue, Appellant.
	REVERSED AND REMANDED. All concur.

OPINION BY LIMBAUGH, J.
SC87816	Richard D. Weinstein, Appellant, vs. KLT Telecom, Inc., Respondent.
	REVERSED AND REMANDED. Wolff, C.J., Stith, Price and Teitelman, JJ., concur; White, J., dissents in separate opinion filed; Russell, J., concurs in opinion of White, J.

OPINION BY WHITE, J.
SC88232	Jerry L. Crockett, Respondent, vs. Thomas O. Polen, Appellant.
	AFFIRMED. All concur.

MOTIONS FOR REHEARING
SC87771	Lani Meyer, by and through her next friend, Rebecca Coplin, Appellant, vs. Fluor Corporation, et al., Respondents.
	Respondents' joint motion for rehearing overruled.

SC88075	Saint Louis University, Respondent, vs. The Masonic Temple Association of St. Louis, et al., Appellants.
	Appellants' motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC88353	Kerry Brooks, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27682, sustained and cause ordered transferred.

SC88386	Department of Social Services, Division of Medical Services, Appellant, vs. John Mellas, M.D., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66602, denied.

SC88428	Hardcore Concrete, LLC, Respondent, vs. Fortner Insurance Services, Inc., Respondent, and Med James, Inc., Appellant.
	Respondent Hardcore Concrete, LLC's application for transfer from the Missouri Court of Appeals, No. SD27437, denied.

SC88430	Department of Social Services, Division of Medical Services, Appellant, vs. Little Hills Healthcare, L.L.C., d/b/a CenterPointe Hospital, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD66879, sustained and cause ordered transferred.

SC88437	Maurice Gash and Nancy Gash, Appellants-Respondents, vs. Lafayette County and Lafayette County Commission, Respondents-Appellants.
	Appellants-Respondents' application for transfer from the Missouri Court of Appeals, No. WD65589 (consolidated with WD65605), sustained and cause ordered transferred.

SC88438	State of Missouri, Respondent, vs. David Salazar, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65099, sustained and cause ordered transferred.

SC88441	State of Missouri ex rel. Missouri State Board of Pharmacy, Respondent, vs. Administrative Hearing Commission, John J. Kopp, Commissioner, Defendant, Med4Home, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD66401, denied.

SC88443	State of Missouri, Respondent, vs. Kitchrell Perkins, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87893, denied.

SC88444	State of Missouri, Respondent, vs. Lance W. Livingston, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD64677, denied.

SC88445	Knob Noster R-VIII School District, Respondent, vs. Ron Dankenbring d/b/a Ron Dankenbring Masonry, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66923, denied.

SC88446	State of Missouri, Respondent, vs. William Fitzgerald Harrison, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65194, denied.

SC88448	State of Missouri ex inf. Michael Sanders, ex rel. City of Lee's Summit, Respondent, vs. City of Lake Lotawana, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD66758, denied.

SC88449	State of Missouri, Respondent, vs. Gary V. Reilly, Jr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD28351, denied.

SC88451	Trevor Baggett, by and through his next friend, Victoria Baggett, Appellant, vs. David Flinn and Mark Anthony Shuck, Jr., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87915, denied.

SC88458	U.S. Bank National Association, Respondent, vs. Air Pip, Inc., et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED88020, denied.

SC88463	Xiangyuan Zhu, Appellant, vs. Deanna L. McCune, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65044, denied.

SC88464	State of Missouri ex rel. City of Jennings, Missouri, Relator, vs. Honorable John J. Riley, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED88881, sustained and cause ordered transferred.

SC88467	William Ray Gruver, Jr., and Cathy Lynn Gruver, Appellants, vs. Daniel Lee Gill, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED88728, denied.

SC88470	Scott Huber and Stephanie Huber, Appellants, vs. Wells Fargo Home Mortgage, Inc., and Franklin American Mortgage Company, Respondents.
	Respondent Wells Fargo Home Mortgage, Inc.'s application for transfer from the Missouri Court of Appeals, No. ED88183, sustained and cause ordered transferred. Price, J., not participating.

SC88471	David P. Oetting, Appellant, vs. Lewis, Rice & Fingersh, L.C., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED88806, denied.

SC88474	Jost Associates, L.P., Appellant, vs. St. Louis County, Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED88012, denied.

SC88479	Steven and Ruth Mitchell, et al., Respondents, vs. Residential Funding Company, LLC, f/k/a Residential Funding Corporation, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD67799, denied.

SC88483	Terry W. Dixon and Cynthia Crossland, Respondents, vs. Thomas D. Thompson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27529, sustained and cause ordered transferred.

SC88485	State of Missouri, Respondent, vs. John A. Worrall, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87162, denied.

SC88486	In the Interest of R.P.C. M.C. and D.C., Appellants, vs. Wright County Juvenile Office and Missouri Department of Social Services, Children's Division, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD27790, denied.

SC88488	Ricky Lee Beach, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27918, denied.

SC88489	Margulis, Grant & Margulis, P.C., and Arthur Margulis, Respondents, vs. The Bar Plan Mutual Insurance Company, Appellant, and Richard Neiswonger, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED88444, denied.

SC88491	State of Missouri, Respondent, vs. Marlow J. Johnson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87550, denied.

SC88492	Lloyd E. Grass, Appellant/Cross-Respondent, vs. State of Missouri, Respondent/Cross-Appellant.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Nos. ED87708, ED87751, ED87792, and ED87816, denied.

SC88493	Robert C. Egan, M.D., Appellant, vs. St. Anthony's Medical Center, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED88783, sustained and cause ordered transferred.

SC88507	Dorothy N. Mallek, Appellant, vs. First Banc Insurors Agency, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED88567, denied.

SC88508	State of Missouri, Respondent, vs. Helen Van Anderson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27646, denied.

SC88510	Algonquin Golf Club, et al., Appellants, vs. State Tax Commission of Missouri and Philip A. Muehlheausler, Assessor of St. Louis County, Respondents.
	Respondent Philip A. Muehlheausler's application for transfer from the Missouri Court of Appeals, No. ED87894, denied.

SC88511	CADCO, Inc., and Bankers National, Inc. d/b/a Imperial Homes, Inc., Respondents/Cross-Appellants, vs. Fleetwood Enterprises, Inc., and Fleetwood Homes of Texas, L.P., Successor to Fleetwood Homes of Texas, Inc., Appellants/Cross-Respondents.
	Appellants/Cross-Respondents' application for transfer from the Missouri Court of Appeals, No. ED87066 and ED87082 (consolidated), denied.

SC88512	State of Missouri, Respondent, vs. Richard Mayfield, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87375, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC88369	State ex rel. Bernie Farmer, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied.

SC88429	State ex rel. David Phillips, et al., Relators, vs. The Honorable Thomas L. Ray, Respondent.
	Petition for writ of prohibition denied.

SC88435	State ex rel. Christopher J. Cagna, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied.

SC88416	State ex rel. Mike E. Rauch, Relator, vs. Missouri Court of Appeals, Western District, Respondent.
	Petition for writ of mandamus denied.

SC88439	State ex rel. William M. Wolfe, and Chevron/Sierra Land Co., L.L.C., Relators, vs. The Honorable Donald L. Barnes, Respondent.
	Petition for writ of prohibition denied.

SC88447	State ex rel. Reginald D. Wilson, Petitioner, vs. The Honorable Timothy J. Wilson, Respondent.
	Petition for writ of mandamus denied

SC88403	State ex rel. Leslie Harris, Petitioner, vs. Al Luebbers, Respondent.
	Petition for writ of habeas corpus denied.

SC88452	State ex rel. Sandberg Phoenix and von Gontard, P.C. and Howard Becker, Relators, vs. The Honorable Dennis M. Schaumann, Respondent.
	Petition for writ of prohibition and/or mandamus denied.

SC88453	State ex rel. Ambassador Properties, L.L.C. and Karl Thomas, Relators, vs. The Honorable Thomas C. Clark, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC88454	State ex rel. Carmen Deck, Relator, vs. The Honorable Gary P. Kramer, Respondent.
	Petition for writ of mandamus, or in the alternative, petition for writ of prohibition denied. Respondent's motion for order to have the circuit court conduct a full hearing overruled.

SC88456	State ex rel. Raymond Bloomquist, D.O., Relator, vs. The Honorable Nancy L. Schneider, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC88460	State ex rel. City of Kansas City, Missouri, Relator, vs. The Honorable Kelly J. Moorhouse, Respondent.
	Petition for writ of prohibition denied.

SC88461	State ex rel. Captain James Harmon, et al., Relators, vs. The Honorable Kelly J. Moorhouse, Respondent.
	Petition for writ of prohibition denied.

SC88469	State ex rel. John Rapheld, Petitioner, vs. James Purkett, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC88473	State ex rel. Chul Kim, M.D., Angela Patterson, M.D. and Westwood Medical Clinic, Inc., Relators, vs. The Honorable William C. Seay, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC88484	State ex rel. Rick E. Watson, Relator, vs. The Honorable Timothy Perigo, Respondent.
	Petition for writ of prohibition denied.

SC88495	State ex rel. Jeffrey S. Corsiglia, Petitioner, vs. Larry Denney, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC88433	State ex rel. Irving James Berry, Petitioner, vs. State of Missouri, et al., Respondents.
	Petition for writ of declaratory judgment denied.

SC88436	State ex rel. Michael Wanner, Relator, vs. Jim Moore, Respondent.
	Petition for writ of habeas corpus denied.

SC88505	State ex rel. Michael West, Petitioner, vs. Alan B. Stahl, Respondent.
	Petition for writ of habeas corpus denied.

MOTIONS
SC88440	Gary V. Reilly, Jr., Petitioner, vs. State of Missouri, Respondent.
	Petitioner's motion for bond reduction overruled.

SC88083	In re: Valerian Clyde Cahill, Petitioner.
	Petitioner's motion to waive MCLE delinquencies overruled.

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