Supreme Court of Missouri
en banc

August 24, 2004

OPINION BY PRICE, J.
SC85419	State of Missouri, Respondent, vs. Richard Strong, Appellant.
	AFFIRMED. All concur.

OPINION BY PRICE, J.
SC85473	State ex rel. Union Planters Bank, N.A., et al., Relators, vs. The Honorable Larry L. Kendrick, Judge, Division 17, Circuit Court of St. Louis County, Respondent.
	WRIT MADE ABSOLUTE. Wolff, Stith and Limbaugh, JJ., concur; Teitelman, J., dissents in separate opinion filed; White, C.J., concurs in opinion of Teitelman, J.

MOTIONS FOR REHEARING
SC85632	Louise Obermeyer, Individually and as Assignee of Stockeley P. Towles, and as Personal Representative of the Estate of Margaret S. Derrick, and Elizabeth Ann Salmon, Appellants, vs. Bank of America, N.A., Washington University, Jeremiah W. (Jay) Nixon, and Washington University Dental Alumni Association, Respondents.
	Appellants' motion for rehearing overruled. Opinion modified on Court's own motion.

SC85620	State of Missouri, Respondent, vs. Jeffrey D. Long, Appellant.
	Respondent's motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC86044	State of Missouri, Respondent, vs. John Tally, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD25710, sustained and cause ordered transferred.

SC86049	State of Missouri, Respondent, vs. Edward V. Lawrence, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83577, denied.

SC86050	Wayman Smith, III, et al., Respondents, vs. State of Missouri, et al., Appellants.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD62579, sustained and cause ordered transferred.

SC86053	State of Missouri, Respondent, vs. Ahijah Y. Yisrael, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61908, denied.

SC86054	William D. Foster and Jan Foster, Appellants, vs. Village of Brownington, Missouri, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD62666, denied.

SC86055	Harold Higgins, Appellant, vs. Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62591, denied.

SC86056	William Miller, Respondent, vs. American Royal Association and American International Group, Appellants, Harry Vold Rodeo, Defendant, and Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Respondent.
	Respondent William Miller's application for transfer from the Missouri Court of Appeals, No. WD62507, denied.

SC86060	Jason Shuler, Appellant, vs. Premium Standard Farms, Inc., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD61518, sustained and cause ordered transferred.

SC86061	James Seldomridge and Shirley Seldomridge, Appellants, vs. General Mills Operations, Inc., f/k/a Pillsbury Bakeries and Food Services, Inc., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD63127, denied.

SC86062	Paul Abma (Deceased), through Laverne Abma, Respondent, vs. Allied Signal, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62127, denied.

SC86063	State of Missouri, Respondent, vs. Phyllis Mullins, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61972, denied.

SC86067	State of Missouri, Respondent, vs. Byron Case, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61626, denied.

SC86069	Kirk A. Nelson, Appellant/Cross-Respondent, vs. Cheryl L. Nelson, Respondent/Cross-Appellant.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED82342, denied.

SC86073	Treetop Village Property Owners Association, Respondent, vs. Avilda Miller and G. Spencer Miller, Appellants.
	Appellant G. Spencer Miller's application for transfer from the Missouri Court of Appeals, No. SD25527, denied.

SC86074	Evelyn Grady, Appellant, vs. Amrep, Inc., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76176, denied.

SC86075	State of Missouri, Respondent, vs. Charles B. Kaiser, III, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED82515, ED82516, and ED82517, denied.

SC86080	Carolynne M. Kieffer, Appellant, vs. Taylor-Morley, Inc., and Taylor-Morley Management Co., Inc., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82933, denied.

SC86081	Monte K. Mann, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25688, denied.

SC86089	Jerry and Kimberly Norman, Individually and as Husband and Wife, and Jerry Norman, as plaintiff ad litem for Kenneth Norman, a deceased minor, Appellants, vs. Andy J. Wright, M.D., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD25818, sustained and cause ordered transferred.

SC86092	Daniel Glenn Johnson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25328, denied.

SC86098	Tivoli Building, L.L.C. and Tivoli Theatre, L.L.C., Respondents, vs. Metropolitan Design & Building Company, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82712, denied.

SC86099	In re: the Marriage of Richard Greer and Darlene M. Greer, Richard Greer, Appellant, vs. Darlene M. Greer, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82656, denied.

SC86101	Seri Negri by and through Dorothy Negri, Appellant/Cross-Respondent, vs. Continental Sales & Service and Travelers Indemnity Company of America, Respondents/Cross-Appellants, and Treasurer of Missouri as Custodian of the Second Injury Fund, Respondent.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED82958, denied.

SC86104	United Pharmacal Company of Missouri, Inc., Respondent, vs. Missouri Board of Pharmacy, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62214, sustained and cause ordered transferred.

SC86107	Triarch Industries, Inc., Appellant, vs. Paul A. Crabtree, d/b/a Crabtree Painting, Inc., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD61578, sustained and cause ordered transferred.

SC86108	Dennis Saunders, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26021, denied.

SC86109	Mary Joyce Wilson, et al., Respondents-Appellants, vs. C.C. Southern, Inc., Appellant-Respondent, and Central Transport International, Inc., et al., Respondents.
	Appellant-Respondent's application for transfer from the Missouri Court of Appeals, No. WD62805, denied.

SC86111	Linda M. Heringer, Appellant, vs. American Family Mutual Insurance Company, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62995, denied.

SC86112	Janet C. Dick and Lt. Col. Harold Dick, Respondents, vs.Children's Mercy Hospital, Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD61616, denied.

SC86116	Henry G. Lane, et al., Appellants, vs. Patricia S. Lensmeyer, Boone County Collector, and Columbia 93 School District, Respondents.
	Respondent Patricia Lensmeyer's application for transfer from the Missouri Court of Appeals, No. WD62084, sustained and cause ordered transferred. Respondent Columbia 93 School District's application for transfer from the Missouri Court of Appeals, No. WD62084, sustained and cause ordered transferred.

SC86118	In the Interest of S.L., L.L., and R.L., children under seventeen years of age, D.L.J., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25822, denied.

SC86126	State of Missouri, Respondent, vs. Joseph L. Walkup, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83189, denied.

SC86128	State of Missouri, Respondent, vs. Harold R. Lingle, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24812, denied.

SC86129	State of Missouri, Respondent, vs. Ronnie D. Gonzales, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82455, sustained and cause ordered transferred.

SC86132	In the Matter of the Care and Treatment of: James D. Collins.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82949, denied.

SC86133	State of Missouri, Respondent, vs. Norman V. Hopkins, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED82033, denied.

SC86134	State of Missouri, Respondent, vs. Richard Eugene Paxton, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25697, denied.

SC86142	In re Tort Victim's Compensation Fund: James Hollins, Jr.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83140, denied.

SC86143	Darius Nicholson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83190, sustained and cause ordered transferred.

SC86144	Scott E. Pontius, Respondent, vs. Director of Revenue, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83375, sustained and cause ordered transferred.

SC86145	David B. Honeyfield, Respondent, vs. Director of Revenue, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25887, denied.

SC86146	Healthcare Marketing Associates, Inc., Respondent, vs. Managed Care Professionals, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82959, denied.

SC86147	Geneva Henley, deceased, Employee, Linda Tate, Dana Yeary, Ellie Yeary, and Jannah Yeary, Respondents, vs. Tan Co., Inc., d/b/a Silver Fountain Inn, Appellant, Missouri Retailers Insurance Trust, Insurer, Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25872, denied.

SC86148	State of Missouri ex rel. Fred J. Hodges, Jr., Appellant, vs. Mayor and Board of Alderman of the City of Moline Acres, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83807, denied.

SC86151	In re the Estate of Jeanette Hogan.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83757, denied.

SC86152	Union Electric Company, d/b/a AmerenUE, Respondent, vs. Bemark Corporation and Robert Blumer, Appellants, and Norris Acker, Respondent, vs. Philip Muehlheausler, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED83109, denied.

SC86162	David Richardson, Respondent, vs. The Jallen Investment Group, Inc., and Floyd Harris, Defendants, and Leo J. Hayes and Mary Ann Caton, Appellants.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED81500, denied.

SC86170	In the Interest of A.M.F. and D.R.F., Minor Children, Greene County Juvenile Office, Respondent, vs. P.F., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25883, denied.

SC86171	Wilda J. Taylor, Appellant, vs. Robert L. Clark, Janette K. Clark, and Clark Drilling, Inc., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25471, denied.

SC86173	Joanne Lockman, Respondent, vs. Citizen's Memorial Hospital and Missouri Hospitals Self Insurance Fund, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD25874, denied.

SC86174	In the Interest of C.M.K., C.L.K., and B.L.K., III, children under seventeen years of age. E.G., Appellant, vs. State of Missouri, Greene County Juvenile Office, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25906, denied.

SC86177	Michelle Hein, Appellant, vs. Grandboro Arms, L.P., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63114, denied.

SC86180	Linda Arbuthnot, Guardian of the Estate of Steven Arbuthnot, a disabled person, Respondent, vs. Northern Insurance Company of New York, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83458, denied.

SC86181	Donna Snider, Assessor for Pemiscot County, Missouri, Appellant, vs. Casino Aztar/Aztar Missouri Gaming Corp., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26179, sustained and cause ordered transferred.

SC86182	Michael P. Georgeoff, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83500, denied.

SC86183	Margaret Hampton, Respondent, vs. The King Royal Brothers Circus and Charles Davenport, Defendants, T.H.E. Insurance Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD25681, denied.

SC86184	State of Missouri, Respondent, vs. Frederick Spencer, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83578, denied.

SC86191	State of Missouri, Respondent, vs. Adam Bottoms, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83132, denied.

SC86192	State of Missouri, Respondent, vs. Jose M. Granado, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD25378, sustained and cause ordered transferred.

SC86193	Cindy Floyd, Appellant, vs. Director of Revenue, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED81868, denied.

SC86194	Katrina Watts, Appellant, vs. Raymond Sechler, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD25873, denied.

SC86200	Blair Heumann, a minor by and through his next friend, David Heumann, Appellant, vs. Patrick Mehan, Defendant Ad Litem, for Hale Grebe, deceased and Rosebud Grebe, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83748, denied.

SC86201	State of Missouri, Respondent, vs. Helen A. Severs, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED83381, sustained and cause ordered transferred.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC86009	State ex rel. Allen Nicklasson, Petitioner, vs. Donald Roper, Superintendent, Potosi Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC86045	State ex rel. Richard D. Peterson, Petitioner, vs. James A. Gammon, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rules 84.22(a) and 91.02.

SC86065	State ex rel. Ford Motor Company, Relator, vs. The Honorable Michael W. Manners, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC86066	State ex rel. MarCelon Taylor, Kavon Taylor, and Kiere Taylor, minors, by and through their Next Friend, Elizabeth M. Taylor, Relators, vs. The Honorable Steven Goldman, Respondent.
	Petition for writ of prohibition denied. Stith, J., not participating.

SC86068	State ex rel. The Burlington Northern and Santa Fe Railway Company, Relator, vs. The Honorable Michael P. David, Respondent.
	Petition for writ of mandamus denied.

SC86070	State ex rel. Phillip Croft, Relator, vs. The Honorable John J. Riley, Respondent.
	Petition for writ of mandamus denied.

SC86072	State ex rel. Lonnie Matthews, Relator, vs. The Honorable Michael Maloney, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc within thirty days.

SC86076	State ex rel. Steven Marrel Bradshaw, Petitioner, vs. Julie N. Zitting, Respondent.
	Emergency petition for writ of habeas corpus denied.

SC86077	State ex rel. Anesthesia Partners, LTD., Petitioner, vs. The Honorable Michael P. David, Respondent.
	Petition for writ of prohibition and/or mandamus denied. Wolff, J., not participating.

SC86078	State ex rel. Michael W. Summers, Petitioner, vs. Dave Dormire, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC86043	State ex rel. Jack W. Braun, Petitioner, vs. Larry Rowley, Superintendent, et al., Respondents.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rules 84.22(a) and 91.02.

SC86051	State ex rel. Jimmie D. McKinney, Petitioner, vs. Larry Rowley, Superintendent, et al., Respondents.
	Petition for writ of habeas corpus denied.

SC86100	State ex rel. Darrell Jay Mease and Lexie Mease, Relators, vs. Edwill A. Underhill Trust of December 11, 1984, by Edwill A. Underhill, Trustee of said Trust, Respondent.
	Petition for writ of prohibition denied.

SC86105	State ex rel. Fields Petroleum, Inc., Relator, vs. The Honorable John J. Riley, Respondent.
	Petition for writ of prohibition denied.

SC86091	State ex rel. Daniel J. Gibbs, Petitioner, vs. James A. Gammon, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC86123	State ex rel. Christopher J. Jacob and Asset Solutions Group, Inc., Relators, vs. The Honorable Barbara A. Crancer, Respondent.
	Petition for writ of prohibition denied.

SC86079	State ex rel. Robert Snyder, Relator, vs. The Honorable Richard G. Callahan and The Honorable Thomas J. Brown III, Respondents.
	Petition for writ of mandamus denied without prejudice to filing proceeding under sections 547.035 and 547.037 RSMo. Relator's motion for an En Banc Hearing overruled as moot.

SC86130	State ex rel. Angela Manning and James Mitchell Manning, Relators, vs. The Honorable Gary M. Gaertner, Jr., Respondent.
	Petition for writ of prohibition denied.

SC86135	State ex rel. Dennis Strutton, Relator, vs. The Honorable Kathleen A. Forsyth, Respondent.
	Petition for writ of prohibition denied.

SC86138	State ex rel. Trans World Airlines, Inc., Relator, vs. The Honorable Michael P. David, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc within thirty days. Teitelman, J., not participating.

SC86149	State ex rel. Dawn James, Petitioner, vs. Jennifer Miller, Superintendent, Chillicothe Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC86158	State ex rel. Kuesel Excavating Company, Relator, vs. The Honorable John J. Riley, Respondent.
	Petition for writ of mandamus, or in the alternative, petition for writ of prohibition denied.

SC86159	State ex rel. Gary Miller, Petitioner, vs. Dave Dormire, Superintendent, Respondent.
	Petition for writ of certiorari denied.

SC86175	State ex rel. St. Anthony's Medical Center, a Missouri Nonprofit Corporation, Relator, vs. The Honorable Steven H. Goldman, Respondent.
	Petition for writ of prohibition or mandamus denied.

SC86187	In re: Grant W. Smith, Respondent.
	Parties joint motion requesting court to accept the stipulation of the parties in lieu of the conclusions and recommendation of The Disciplinary Hearing Panel and to submit without further process overruled.

SC86155	State ex rel. Gerald C. Swinfard, Petitioner, vs. James Anthony Gammon, Respondent.
	Petition for writ of habeas corpus denied.

SC86198	State ex rel. George D. Dodge, d/b/a Dodge Bail Bonds, Relator, vs. The Honorable John W. Sims, Respondent.
	Petition for writ of mandamus denied.

SC86205	State ex rel. Brian Kinder, Petitioner, vs. Don Roper, Respondent.
	Petition for writ of habeas corpus denied.

MOTIONS
SC85635	State ex rel. David Cruesoe, Petitioner, vs. Dave Dormire and Missouri State Board of Probation and Parole, Respondents.
	Petitioner's motion to quash order issued October 21, 2003, to pay partial filing fees overruled.

SC85713	State ex rel. Terrance Anderson, Relator, vs. The Honorable William L. Syler, Respondent.
	Relator's motion for exemption from the requirements of the Prisoner Litigation Reform Act (PLRA), or in the alternative, Relator's request that the Court deem the PLRA's financial requirements waived under Section 514.040.3 sustained.

SC85819	State ex rel. Gregory W. Breeden, Petitioner, vs. Kim Jones, et al., Respondents.
	Petitioner's motion for leave to proceed pursuant to V.A.M.R. 77.03 and 28 U.S.C. 1915(b)(4) without prepayment of costs or partial filing fee overruled.

SC86088	State of Missouri, Respondent, vs. Peter Ludwell, Appellant.
	Appellant's motion for modification of conditions of release overruled. Appellant's motion to expedite overruled.

SC86086	Cooper County, Missouri, a Body Politic and Corporate, By and Through Its Governing Body, The County Commission of Cooper County, Missouri, Respondent, vs. Circuit Court of the 18th Judicial Circuit of Missouri, Donald Barnes, Presiding Circuit Judge, Appellant.
	Appellant's motion to suspend briefing schedule and to remand based on conflict of interest and disqualification of a member of the Judicial Finance Commission ordered taken with the case.

SC85824	State ex rel. N.H.L., Relator, vs. The Honorable Tom W. DePriest, Jr., Respondent.
	Relator's motion to compel ordered treated as a petition for writ of mandamus and sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC85609	State of Missouri, Respondent, vs. Anthony Finerson, Appellant.
	Appellant's motion to compel for certification of no probation revocation hearing transcript ordered taken with the case.

SC86110	Mark M. Tendai, M.D., Appellant, vs. Missouri State Board of Registration for the Healing Arts, Respondent.
	Respondent's motion to dismiss overruled.

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