Supreme Court of Missouri
en banc

December 23, 2003

OPINION BY WHITE, C.J.
SC85491	In the Matter of the Care and Treatment of: Nelvin Spencer, Appellant.
	AFFIRMED. Benton, Stith, Price, Teitelman and Limbaugh, JJ., concur; Wolff J., concurs in separate opinion filed.

OPINION BY WHITE, C.J.
SC85538	In the Matter of the Care and Treatment of: Michael G. Norton, Appellant.
	AFFIRMED. Benton, Stith, Price, Teitelman and Limbaugh, JJ., concur; Wolff J., concurs in separate opinion filed.

OPINION BY STITH, J.
SC85275	State Board of Registration for the Healing Arts, Appellant, vs. Edward W. McDonagh, D.O., Respondent.
	REVERSED AND REMANDED. White, C.J., Benton, Price, Teitelman and Limbaugh, JJ., concur; Wolff, J., concurs in part and dissents in part in separate opinion filed.

OPINION BY PER CURIAM
SC85292	Riverside-Quindaro Bend Levee District, Platte County, Missouri, Respondent, vs. Intercontinental Engineering Manufacturing Corporation, et al., Appellants.
	APPEAL DISMISSED. All concur.

MOTIONS FOR REHEARING
SC85195	State of Missouri, Respondent, vs. Joseph Grubb, Appellant.
	Appellant's motion for rehearing overruled.

SC85171	State ex rel. Anthony Ashford, Petitioner, vs. Larry Rowley, Superintendent, Respondent, and Circuit Court of Cole County, Respondent.
	Petitioner's motion for rehearing overruled. Teitelman, J., not participating.

SC84987	Earl Ringo, Jr., Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled. Teitelman, J., not participating.

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.
	Relators' motion for rehearing or modification overruled. Opinion modified on Court's own motion.

SC85135	State ex rel. BJC Health Systems and Missouri Baptist Medical Center, Relators, vs. The Honorable Margaret M. Neill, Judge, Circuit Court, City of St. Louis, Division 1, Respondent.
	Relators' motion for rehearing or modification overruled. Opinion modified on Court's own motion.

SC85138	State ex rel. John Hess, M.D., Relator, vs. The Honorable Margaret M. Neill, Judge, Circuit Court, City of St. Louis, Division 1, Respondent.
	Relator's motion for rehearing or modification overruled. Opinion modified on Court's own motion.

SC85132	State ex rel. David H. Trimble, et al., Relators, vs. The Honorable Margaret M. Neill, Judge, Circuit Court, City of St. Louis, Division 1, Respondent.
	Respondent's motion for rehearing or modification overruled. Opinion modified on Court's own motion.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC85541	State of Missouri, Respondent, vs. Joseph Grubb, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61532, sustained and cause ordered transferred. Cause ordered retransferred to the Missouri Court of Appeals, Western District, for reconsideration in light of State of Missouri vs. Joseph Grubb, No. SC85195, (decided October 28, 2003).

SC85678	Mark Daniel Silverthorn, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61303, denied.

SC85682	William Schroff d/b/a R & S Coatings, Respondent, vs. David Smart, Jr., et al., Defendants, TEC, LLC, Appellant, Northland National Bank, Amicus Curiae.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61801, denied.

SC85686	In the Interest of N.D., a child under seventeen years of age, T.N., Appellant, vs. Phelps County Juvenile Office, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25171, denied.

SC85688	In the Interest of J.M.T., C.A.M., J.M.M., and B.D.T., children under seventeen years of age, K.T., Appellant, vs. Greene County Juvenile Office, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25392 & SD25394, denied.

SC85695	State of Missouri, Respondent, vs. Robert N. Joos, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25707, denied.

SC85696	Missouri Coalition for the Environment, et al., Appellants, vs. Thomas A. Herrmann, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED81790, sustained and cause ordered transferred.

SC85697	Elaine Klinkerfuss, Appellant, vs. William L. Cronin and Delores J. Cronin, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81748, denied.

SC85700	Terry Boyd, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81282, denied.

SC85702	John O. Blake, Appellant, vs. City of St. Louis, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82289, denied.

SC85704	State of Missouri, Respondent, vs. Billy Lynn Blocker, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25003, sustained and cause ordered transferred.

SC85706	State of Missouri, Respondent, vs. Melvin L. Parrow, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25415, denied.

SC85707	Sheila A. Roth and Robert R. Roth, Appellants, vs. La Societe Anonyme Turbomeca France, et al., Respondents, La Reunion Aerienne, et al., Defendants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD61927, denied. Price, J., not participating. Respondents' application for transfer from the Missouri Court of Appeals, No. WD61927, denied. Price J., not participating.

SC85710	Savannah Place, Ltd., a Missouri Corporation, Respondent, vs. Charles and Sandra Heidelberg, husband and wife, Appellants, and Carol Jones and Carol Jones, Trustee of the Carol Jones Revocable Trust dated December 31, 1987, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD25070, denied.

SC85711	R.E.J., Inc., a Missouri Corporation, Appellant, vs. City of Sikeston, Respondent, and Greers Grove Development, LP, Intervenor.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25250, sustained and cause ordered transferred.

SC85712	Christine M. McCarthy, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED82158, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC85679	State ex rel. George Poole, Petitioner, vs. The Honorable Evelyn Baker, Judge, Respondent.
	Petition for declaratory judgment or writ of mandamus denied.

SC84241	In Re: William A. Kohlburn, Petitioner.
	Petition for reinstatement denied.

SC85689	State ex rel. Jocelyn Eskew-Hardy, Relator, vs. The Honorable David W. Russell, Judge, Circuit Court of Clay County, Respondent.
	Petition for writ of prohibition denied.

SC85657	State ex rel. Bobby Joe Mayes, Relator, vs. The Honorable John D. Wiggins, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC85701	State ex rel. American Family Mutual Insurance Company and American Standard Insurance Company of Wisconsin, Relators, vs. The Honorable Charles E. Atwell, Judge, Circuit Court, Jackson County, Respondent.
	Petition for writ of prohibition denied. White, C.J., not participating.

SC85703	State ex rel. Charles Lee Thornton, Relator, vs. The Honorable Barbara Crancer, et al., Respondents.
	Petition for writ of mandamus denied.

SC85676	State ex rel. Woodrow Anderson, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus, or in the alternative, writ of mandamus denied.

SC85708	State ex rel. Joe R. Brooks, Relator, vs. The Honorable Robert Trout, Judge, and Carol Russell Fischer, Director of Revenue, Respondents.
	Petition for writ of prohibition denied without prejudice pursuant to Rule 84.22(a).

SC85709	State ex rel. Kenneth Thompson, Relator, vs. The Honorable Werner A. Moentmann, Judge, and Carol Russell Fischer, Director of Revenue, Respondents.
	Petition for writ of prohibition denied without prejudice pursuant to Rule 84.22(a).

SC85725	State ex rel. Jeremiah W. (Jay) Nixon, Relator, vs. The Honorable David Russell, Respondent.
	Relator's petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

MOTIONS
SC85677	Michael Lindquist and Karen Lindquist, Appellants, vs. Scott Radiological Group, Inc., et al., Respondents.
	Respondent Mid-America Orthopaedic Surgery, Inc.'s motion to transfer to the Court of Appeals, Eastern District, overruled. Respondent Scott Radiological Group, Inc.'s motion to transfer to the Court of Appeals, Eastern District, overruled.

SC85650	In re: Thomas G. Pyle, Respondent.
	Respondent's motion to dismiss overruled.

SC85631	State ex rel. T. W., Relator, vs. The Honorable Steven R. Ohmer, Judge, Respondent.
	Respondent's motion to quash preliminary writ of prohibition ordered taken with the case.

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