Supreme Court of Missouri
en banc

May 27, 2003

OPINION BY LIMBAUGH, C.J.
SC84496	Allen L. Nicklasson, Appellant, vs. State of Missouri, Respondent.
	AFFIRMED. All concur.

OPINION BY WHITE, J.
SC84792	State of Missouri ex rel. Jeremiah W. Nixon, Attorney General, State of Missouri, Respondent, vs. Vince Karpierz, Reg. No. 1013181, and James L. McMullin, Appellants.
	REVERSED AND REMANDED. All concur.

OPINION BY PRICE, J.
SC84617	Shelter Mutual Insurance Company, Respondent, vs. Director of Revenue, Appellant.
	AFFIRMED. Limbaugh, C.J., White, Benton, Stith and Teitelman, JJ., concur; Wolff, J., concurs in part and dissents in part in separate opinion filed.

MOTIONS FOR REHEARING
SC84005	John J. Middleton, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled.

SC84507	State of Missouri, Respondent, vs. Gary Lynn Baker, Appellant.
	Appellant's motion for rehearing overruled.

SC84344	State of Missouri, ex rel. Atmos Energy Corporation, et al., Appellants, vs. Public Service Commission of the State of Missouri, et al., Respondents. and Ameren Corporation and Union Electric Company, d/b/a AmerenUE, Appellants, vs. Public Service Commission of the State of Missouri, et al., Respondents.
	Appellants Ameren Corporation and Union Electric Company, d/b/a AmerenUE's motion for rehearing overruled.

SC84214	State of Missouri, Respondent, vs. Lewis E. Gilbert, Appellant.
	Appellant's motion for rehearing overruled. Execution set for August 29, 2003.

SC84903	In the Interest of: E.L.B., A Minor
	Appellant's motion for rehearing overruled.

SC84806	David M. Barnett, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC85198	Guadalupe Garcia-Huerta, Appellant, vs. Antoinette Garcia and State of Missouri, Department of Social Services, Division of Child Support Enforcement, Respondents.
	Respondent Division of Child Support Enforcement's application for transfer from the Missouri Court of Appeals, No. WD61483, denied.

SC85202	State of Missouri, Respondent, vs. Christopher Irvin Watkins, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60864, denied.

SC85203	In the Matter of the Care and Treatment of Thomas Ingrassia, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80012, denied.

SC85204	Eugene Slay, Appellant, vs. Leo A. Whiteside, M.D., Respondent, and Dow Corning Wright Corp., Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80452, denied.

SC85205	James Randall Schnelle, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD60406, denied.

SC85206	Peter McDermott, Respondent, vs. City of Northwoods Police Department, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81241, denied.

SC85209	Mary K. Lipic, Appellant, vs. Joseph G. Lipic, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80252, denied.

SC85210	In the Interest of: H.R.W., B.N.W., K.M.W., and C.L.W. Chad Campbell, Chief Juvenile Officer, Respondent, vs. J.L.W. (Mother), Appellant, and J.L.W. (Father), Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61727, denied.

SC85211	Larry W. McCrackin and Leeman A. McCrackin, Appellants, vs. Teresa M. Plummer, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD60996, denied.

SC85212	Harold Searcy, Jr., Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60622, denied.

SC85213	State of Missouri, Respondent, vs. Ronnie L. Martin, Jr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61194, denied.

SC85216	Leo S. Pink, et al., Respondents, vs. Timothy Knoche, Defendant, American Family Mutual Insurance Company, Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD60788, denied. White, J., not participating.

SC85217	State of Missouri, Respondent, vs. Richard J. Buck, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61057, denied.

SC85218	Orville Crouch, Respondent, vs. J & J Home Builders, Inc., et al., Respondents, and American Family Mutual Insurance Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81351, sustained and cause ordered transferred. White, J., not participating.

SC85219	Harold Anderson, Appellant, vs. Village of Jacksonville, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61389, denied.

SC85220	Katie B. Wilson, by her next friend, Terri A. Wilson, et al., Appellants, vs. Mark R. Simmons and Teresa L. Simmons, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD60571, denied.

SC85221	Elgie L. Long, Sr., et al., Appellants, vs. Cross Reporting Service, Inc., et al., Defendants, Funeral Directors Service, Inc., et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD61272, denied.

SC85222	Raymond Johnson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59539, denied.

SC85223	In the Interest of B.C.K. and K.S.P., children under seventeen years of age. L.R.K., Appellant, vs. Greene County Juvenile Office, State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, Nos. SD24874 and SD24876, denied.

SC85224	City of Saint Joseph, Missouri, Respondent, vs. Daniel J. Gross, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60873, denied.

SC85225	Thomas G. Thompson, et al., Appellants, vs. Clark Hunter and Morgan County R-II School District, Respondents.
	Respondent Morgan County R-II School District's application for transfer from the Missouri Court of Appeals, No. WD61742, sustained and cause ordered transferred.

SC85226	Westwood Partnership, et al., Respondents, vs. Maurice M. Gogarty, St. Louis County Assessor, Appellants, and State Tax Commission of Missouri, et al., Defendants. Norman Ellinwood, et al., Respondents, vs. Mary King, City of St. Louis Assessor, Appellant, and State Tax Commission of Missouri, et al., Defendants, Pine King Associates, L.P., Respondent, vs. Mary King, City of St. Louis Assessor, Appellant, and State Tax Commission of Missouri, et al., Defendants.
	Respondents' application for transfer from the Missouri Court of Appeals, Nos. ED80647, ED80846 and ED80847 (consolidated), denied.

SC85227	Windy Point Partners, L.L.C., and B-SIB, L.L.C., Appellants, vs. Boone County, Missouri, by and through the Boone County Commission, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, Nos. WD60669 and WD60836, denied.

SC85230	In the Matter of: Paul R. Hoffmann, a/k/a Paul R. Hoffman.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81454, denied.

SC85231	In the Interest of: D.S., B.S., and A.S., Minors.
	Appellant's application for transfer from the Missouri Court of Appeals, Nos. ED81513, ED81514 and ED81515, denied.

SC85232	Andrew Kieffer, Appellant, vs. Nancy Kieffer, and Firstar Bank, N.A., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80592, denied.

SC85233	State of Missouri, Respondent, vs. Darian Seibert, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24741, denied.

SC85236	State of Missouri, Respondent, vs. Michael Finerson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81328, denied. Appellant's motion to set appeal bond overruled as moot.

SC85237	Larry Daniel, Respondent, vs. Indiana Mills & Manufacturing, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24693, denied.

SC85238	Donna S. Sheehan, Appellant, vs. Northwestern Mutual Life Insurance Company, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80693, denied.

SC85240	Nicholas Grab, by and through his Next Friends, Andrew Grab and Michelle Grab, et al., Appellants, vs. Patrick A. Dillon, M.D., et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED81073, denied.

SC85245	Missouri-American Water Company, Appellant, vs. Collector of St. Charles County, Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81550, denied.

SC85246	State of Missouri, Respondent, vs. Glenn E. Faulkner, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24851, denied.

SC85247	Heather Blair, a minor, by and through her Next Friend, Carla Snider, Appellant, vs. Perry County Mutual Insurance Company and FMH Mutual Insurance Company, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81198, sustained and cause ordered transferred.

SC85248	Missouri Department of Social Services, Division of Aging, Appellant, vs. Leland Health Care, LLC, Leland Health Care Center, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81481, denied.

SC85253	State of Missouri, Respondent, vs. Melvin Leroy Tyler, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80546, denied.

SC85254	Eagle Promotional Services, Inc., Appellant, vs. Director of Revenue, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61215, denied.

SC85258	Fred Ray, Jr., Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60534, denied.

SC85259	American Standard Insurance Company of Wisconsin, Appellant, vs. Austin Bracht, et al., Respondents.
	Respondent Austin Bracht's application for transfer from the Missouri Court of Appeals, No. SD24800, denied.

SC85260	Marvin Ponder, Appellant-Respondent, vs. James A. Granich, Respondent-Appellant.
	Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD60743 (Consolidated with WD60786), denied.

SC85261	State of Missouri, Respondent, vs. Brian Kinder, Appellant.
	Appellant's application for transfer, prior to opinion, from the Missouri Court of Appeals, No. ED82688, denied.

SC85262	Constance Rangel, Respondent, vs. Superior of the Missouri, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80703, denied.

SC85265	Yvonne Russell, Appellant, vs. Wal-Mart Associates, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81713, denied. Benton, J., not participating.

SC85266	Randy Taylor, Respondent, vs. Associated Electric Cooperative, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61833, denied.

SC85267	Robin Sullivan, Appellant, vs. Moore Automotive Group, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80711, denied.

SC85268	In the Interest of: C.P., a minor. Missouri Division of Family Services, Respondent, vs. J.P., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81542, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC85166	State ex rel. Andre Taylor, Petitioner, vs. Steven Moore, Superintendent, Respondent.
	Petition for writ of habeas corpus sustained. Writ of habeas corpus ordered to issue returnable to Court en Banc in fifteen days.

SC85185	State ex rel. Unebeshe U. Akilah Muwwakkil, et al., Relators, vs. The 16th Judicial Circuit Court of Missouri, Respondent.
	Petition for writ of prohibition denied.

SC85201	State ex rel. Sam's East, Inc., Relator, vs. The Honorable Michael P. David, Presiding Judge of the 22nd Judicial Circuit, Respondent.
	Petition for writ of prohibition denied. Benton, J., not participating.

SC85207	State ex rel. Miguel A. Aurich, Petitioner, vs. Bill Burgess, Superintendent, Western Reception Diagnostic Correctional Center, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion to shorten time limitations overruled.

SC85214	State ex rel. Countrywide Home Loans, Inc., Relator, vs. The Honorable Melvyn W. Wiesman, Judge of the Circuit Court of St. Louis County, Twenty-First Judicial Circuit, Respondent.
	Petition for writ of prohibition denied.

SC85215	State ex rel. BJC Health System and Christian Hospital, Relators, vs. The Honorable Margaret M. Neill, Judge, Circuit Court, City of St. Louis, Division 1, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC85199	State ex rel. Kevin Adams, Petitioner, vs. Larry Rowley, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC85241	State ex rel. Claudette Taylor, Relator, vs. The Department of Labor and Industrial Relations Commission, Respondent.
	Petition for writ of mandamus denied without prejudice pursuant to Rule 84.22(a).

SC85242	State ex rel. Lonnie Vaught, Petitioner, vs. The Honorable Jeffrey Sayre, Respondent.
	Petition for writ of habeas corpus denied.

SC85200	State ex rel. Wendell Daugherty, Petitioner, vs. James Anthony Gammon, Superintendent, Moberly Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC85257	State ex rel. Metabolife International Inc., Relator, vs. The Honorable Gary M. Gaertner, Circuit Court of St. Louis County, Respondent.
	Petition for writ of prohibition denied.

SC85115	William Gomez, Respondent-Appellant, vs. Construction Design, Inc., Appellant-Respondent.
	Appellant-Respondent's motion to strike portions of Respondent-Appellant's substitute brief and appendix ordered taken with the case.

SC85171	State ex rel. Anthony Ashford, Petitioner, vs. Jennifer Saches, Acting Superintendent, Respondent.
	Petitioner's motion to modify the Court's order of April 22, 2003, overruled.

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