Supreme Court of Missouri
en banc

April 27, 2004

OPINION BY WOLFF, J.
SC85643	Jacqueline A. Williams, Personal Representative of the Estate of Buddy L. Williams, Deceased, Appellant, vs. National Casualty Company, Respondent.
	REVERSED AND REMANDED. Stith, Price and Teitelman, JJ., concur; Benton, J., dissents in separate opinion filed; White, C.J. and Limbaugh, J., concur in opinion of Benton, J.

OPINION BY WOLFF, J.
SC85649	Bryant Moore, Jr., by his next friend and father, Bryant Moore, Sr., et al., Appellant, vs. Bi-State Development Agency, Respondent.
	REVERSED AND REMANDED. All concur.

OPINION BY STITH, J.
SC85556	State of Missouri, Respondent, vs. John D. Couts, Appellant.
	AFFIRMED. All concur.

PER CURIAM
SC85347	State ex rel. Wasim Aziz, Petitioner, vs. Donna McCondichie, et al., Respondents.
	CAUSE DISMISSED. All concur.

MOTIONS FOR REHEARING
SC85403	State ex rel. L. David Omerod, M.D., Relator, vs. The Honorable Gene Hamilton, Presiding Judge, Circuit Court of Boone County, Respondent.
	Relator's motion for rehearing overruled.

SC85120	In the Interest of: P.L.O. and S.K.O., minor children.
	Appellant's motion for rehearing overruled. Appellant's petition to transfer proceedings to the Cherokee Tribe of Oklahoma and motion to vacate void judgment overruled. Opinion modified on Court's own motion.

SC85557	John A. Wallingford, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled. Opinion modified on Court's own motion.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC85884	Bryan P. Ristau, Deceased, Barbara Ristau, Jakob Ristau and Gabrielle Ristau, Respondents, vs. DMAPZ, Inc., d/b/a Roadhouse Ruby's, Respondent, and Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Appellant.
	Respondents Barbara Ristau, Jakob Ristau and Gabrielle Ristau's application for transfer from the Missouri Court of Appeals, No. WD62310, denied.

SC85885	Volker Court, LLC, and Brent Lambi, Appellants, vs. Santa Fe Apartments, LLC, David Atkins, and Mark Atkins, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD62763, denied.

SC85886	State of Missouri, Respondent, vs. Warren Watkins, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD62508, denied.

SC85887	State of Missouri, Respondent, vs. Don D. Nelson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61612, denied.

SC85888	Gregory L. Tanner, Deceased, Lynda Marie Tanner, Megan R. Tanner, and Alan G. Tanner, Respondents, vs. Crest Foam Corporation, a division of Leggett & Platt, Inc., and Continental Casualty Company/RSKCo., Appellants.
	Respondents' application for transfer from the Missouri Court of Appeals, No. SD25511, sustained and cause ordered transferred.

SC85889	Ameristar Jet Charter, Inc., and Sierra American Corporation, Appellant-Respondent, vs. Dodson International Parts, Inc., Respondent-Appellant, Houston Casualty Company, Respondent, Howe Associates, Inc., Defendant.
	Respondent-Appellant's application for transfer from the Missouri Court of Appeals, Nos. WD61655, WD61800 & WD62141, sustained and cause ordered transferred. Stith, J., not participating. Respondent's application for transfer from the Missouri Court of Appeals, Nos. WD61655, WD61800 & WD62141, sustained and cause ordered transferred. Stith, J., not participating.

SC85890	In the Matter of the Care and Treatment of Robert L. Lieurance, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25096, denied.

SC85891	David W. Garriott, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD62710, denied.

SC85900	State of Missouri, Respondent, vs. Dennis McWilliams, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82216, denied.

SC85905	Eugene Zimmerman, St. Charles County Assessor, Appellant, vs. Dominion Hospitality, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82934, sustained and cause ordered transferred.

SC85907	David L. Compton, Respondent, vs. Rinehart's Meat Processing, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD25566, denied.

SC85908	Stephanie Reeves Shelby, Respondent, vs. Jeffrey Joseph Shelby, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24910, denied.

SC85909	Sherry O'Neal Wright, Appellant, vs. Missouri Division of Youth Services, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63106, denied.

SC85912	State of Missouri, Respondent, vs. Torin T. Dyson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82369, denied.

SC85913	In the Estate of John Henry Ferguson, Deceased.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED82263 & ED82264, denied.

SC85915	State of Missouri, Respondent, vs. Robert Hamilton, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25625, denied.

SC85916	Richlund & Associates, Inc., et al., Respondents/Cross-Appellants, vs. Mhe.net, Inc. and Michael Hoenig, Appellants/Cross-Respondents, vs. Stephen M. Lundergan, et al., Respondents.
	Appellants/Cross-Respondents' application for transfer from the Missouri Court of Appeals, No. ED82433 & ED82463, denied.

SC85917	Thomas Ramsey, Respondent, vs. The Burlington Northern and Santa Fe Railway Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82534, denied.

SC85918	Marian Hutnick, Appellant, vs. Donald Beil and Mercantile Trust Company as a successor trustee of the Joseph E. Beil Trust, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81105, denied. Benton, J., not participating.

SC85919	State of Missouri, Respondent, vs. Martez Shadwick, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81985, denied.

SC85920	Gail Ming, Respondent, vs. General Motors Corporation, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED82930, denied.

SC85921	Marathon Ashland Petroleum, LLC, Respondent, vs. Gene A. Warmann and Jerry E. Adams, as Trustee of the Warmann Family Irrevocable Trust, Appellants.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81710, denied.

SC85922	State of Missouri, Respondent, vs. Anthony Esposito, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82200, denied.

SC85923	Willa Pierce, Appellant, vs. Missouri Veterans' Home, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82736, denied.

SC85926	Roy L. Beavers, Jr. and Valerie E. Beavers, Appellants, vs. Recreation Association of Lake Shore Estates, Inc., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD25556, denied.

SC85927	State of Missouri, Respondent, vs. Alan Gurski, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82146, denied.

SC85929	In the Interest of: A.J.L.H.
	Appellant's application for transfer prior to disposition from the Missouri Court of Appeals, No. ED84106, denied.

SC85930	Wafa Hamdan, Appellant, vs. Board of Police Commissioners, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82900, denied.

SC85932	Teresa Johnson, Appellant, vs. Missouri Board of Nursing Home Administrators, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62429, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC85880	State ex rel. Eric Allan McAlpin, Petitioner, vs. Ted Boehm, Sheriff of Boone County, and The Honorable Jodie C. Asel, Respondents.
	Petition for writ of habeas corpus denied.

SC85864	State ex rel. Clifford S. Miller, Petitioner, vs. Mike Kemna, Superintendent, et al., Respondents.
	Petition for writ of habeas corpus or in the alternative writ of mandamus denied.

SC85869	State ex rel. Anthony Smith, Petitioner, vs. Michael Kemna, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC85903	State ex rel. Leo S. Pink and Nora S. Pink, Petitioners, vs. The Honorable Peggy Stevens McGraw, Respondent.
	Petition for writ of prohibition, or in the alternative, for a writ of mandamus denied.

SC85904	State ex rel. Jeffrey S. Hartley, Petitioner, vs. Michael Bowersox, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC85874	State ex rel. Timothy Jacobs, Petitioner, vs. Michael Kemna, Superintendent, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for preliminary injunction overruled.

SC85882	State ex rel. James T. Edgar, Petitioner, vs. Michael Bowersox, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC85911	State ex rel. Toltec Holdings, L.L.C. a/k/a Toltec, L.L.C., et al., Relators, vs. The Honorable Edith Messina, Respondent.
	Petition for writ of prohibition denied.

SC85924	State ex rel. Al-Med Academy, Inc., a Missouri corporation, d/b/a Allied Medical College, et al., Relators, vs. The Honorable Michael P. David, Respondent.
	Petition for writ of prohibition or, in the alternative, petition for writ of mandamus denied.

SC85925	State ex rel. Clark Transportation, Inc., Relator, vs. The Honorable Catharine A. Mesle, Respondent.
	Petition for writ of prohibition denied.

MOTIONS
SC85803	Kevin Dale Sexton, Appellant, vs. Jenkins & Associates, Inc., Defendant, Steve Sloniker, et al., Respondents.
	Respondents' motion for the Supreme Court to order transfer and to adopt file No. WD57996 for consideration in this matter ordered taken with the case.

SC85539	Chad A. Vulgamott, Appellant, vs. Brent A. Perry, Respondent, Toni L. Detwiler, Defendant, Shelter Mutual Insurance Company, Respondent.
	Appellant's motion to reconsider the Court's order transferring this cause to the Missouri Court of Appeals, Western District, overruled.

Home | Supreme Court | Court of Appeals | Circuit Courts
Office of State Courts Administrator | Statewide Court Automation
Case.net | Court Opinions | Newsroom | Related Sites | Court Forms
Contact Us