Supreme Court of Missouri
en banc

March 20, 2001

OPINION BY PRICE, C.J.
SC82721	Ron Bosch, Appellant, vs. St. Louis Healthcare Network, Respondent.
	AFFIRMED. Limbaugh, White, Holstein, Wolff and Benton, JJ., and Calvin, Sp.J., concur. Stith, J., not participating.

OPINION BY LIMBAUGH, J.
SC82969	Robert L. Curry, Claimant, vs. Ozarks Electric Corporation and Continental Western Insurance Company, Appellants, and Cox Health Systems, Respondent.
	AFFIRMED. Price, C.J., White, Holstein, Wolff and Benton, JJ., concur. Stith, J., not participating.

OPINION BY WHITE, J.
SC82805	Greenbriar Hills Country Club, Appellant, vs. Director of Revenue, Missouri Department of Revenue, Respondent.
	DECISION VACATED; MANDATE ORDERED RECALLED; MASTER TO BE APPOINTED. Price, C.J., and Limbaugh, J., and Autrey and Wallace, Sp.JJ., concur; Wolff, J., dissents in separate opinion filed. Holstein, Benton and Stith, JJ., not participating.

OPINION BY BENTON, J.
SC82758	Missouri State Medical Association, et al., Appellants, vs. Missouri Department of Health, Respondent.
	AFFIRMED. Price, C.J., Limbaugh, White, Holstein and Wolff, JJ., concur. Stith, J., not participating.

MOTIONS FOR REHEARING
SC82515	Sheila J. Smith, et ux., Respondents, vs. Judy L. Coffey, Respondent, David Thompson, Defendant, Missouri Highway and Transportation Commission, Appellant.
	Appellant's motion for rehearing overruled. Stith, J., not participating.

SC82391	Russell Earl Bucklew, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled. Stith, J., not participating.

SC82410	Andrew Lyons, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled. Stith, J., not participating.

SC82900 SC83037	Bradley C. Baldwin, Appellant, vs. Director of Revenue, Respondent. (Consolidated with) Jimmy D. Ballard, Appellant, vs. Director of Revenue, Respondent.
	Appellant Jimmy D. Ballard's motion for rehearing overruled. Stith, J., not participating.

SC82910	Jay Angoff, Director, Missouri Department of Insurance, acting as receiver for Commonwealth General Insurance Company, Respondent, vs. Marion A. Allen, Inc., Marion A. Allen, Inc. of Gainsville, Marion A. Allen, Inc. of Ft. Valley, Allen Insurance Associates, Inc. and Allen and Furr, Inc., Appellants.
	Respondent's motion for rehearing overruled. Opinion modified on Court's own motion. Price, C.J., Holstein and Stith, JJ., not participating.

SC82624	Elizabeth Eisenberg, Appellant, vs. Charles Redd, Barnet M. McKee, and Brad Goss, Respondents.
	Respondents Barnet M. McKee and Brad Goss' motion for rehearing overruled. Holstein and Stith, JJ., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC83344	David Hudson, et al., Appellants, vs. Riverport Performance Arts Centre, Joint Venture, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED77306, denied.

SC83348	Gwendolyn Reed, Appellant, vs. Derrell Kelly, Defendant, and Ree's Contract Service, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77380, denied.

SC83349	Raymond Cross, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76822, denied.

SC83350	In the Matter of Estate of: Raymond Klauber, Incapacitated/Disabled.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED77524, sustained and cause ordered transferred.

SC83353	Mid Rivers Mall, L.L.C., Appellant, vs. Charles McManmon, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77205, denied.

SC83360	Edward Newbold, Appellant, vs. Missouri Board of Probation and Parole, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58407, denied. Stith, J., not participating.

SC83361	State of Missouri, Respondent, vs. Ronald Smith, Jr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD23022, denied.

SC83362	State of Missouri, Respondent, vs. Christopher Kuehne, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57706, denied. Stith, J., not participating.

SC83363	Mark C. Reid, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57887, denied. Stith, J., not participating.

SC83364	Johnnie W. Lay, Appellant-Respondent, vs. P & G Health Care, Inc., et al., Plaintiffs, Schindler Elevator Corporation, Respondent-Appellant.
	Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD57678 (consolidated with WD57715), denied. Stith, J., not participating.

SC83365	Michael Hoyt, Appellant, vs. Director of Revenue, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57908, denied. Stith, J., not participating.

SC83366	Keith R. Hardin, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57846, denied. Stith, J., not participating.

SC83370	State of Missouri, ex rel. Associated Natural Gas Company, Respondent, vs. Public Service Commission of the State of Missouri, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD58032, denied. Stith, J., not participating.

SC83372	James Cochran and Ladera, LLC, Respondents, vs. Gustavus A. and Halina T. Buder, and The G. A. Buder III Trust, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED77667, denied.

SC83373	Environmental Protection, Inspection, and Consulting, Inc., Appellant/Cross-Respondent, vs. City of Kansas City, Missouri, Respondent/Cross-Appellant.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. WD56182 (consolidated with WD56183), denied. Stith, J., not participating.

SC83374	State of Missouri, Respondent, vs. Paul Hahn, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57654, denied. Stith, J., not participating.

SC83375	Terry Fletcher, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58398, denied. Stith, J., not participating.

SC83376	Glen D. Lamaster, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58297, denied. Stith, J., not participating.

SC83377	Tracy M. Reynolds, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58589, denied. Stith, J., not participating.

SC83378	Robert C. Lewis, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD58108, denied. Stith, J., not participating.

SC83379	Christopher Frasure, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57856, denied. Stith, J., not participating.

SC83380	State of Missouri, Respondent, vs. Eric Miles, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57268, denied. Stith, J., not participating.

SC83381	American Fire Sprinkler Corporation, Appellant, vs. National Art Supply, Inc., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD57198, denied. Stith, J., not participating.

SC83382	Carl H. Greeno, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD57517, sustained and cause ordered transferred. Stith, J., not participating.

SC83383	Purcell Tire & Rubber Company, Inc., Appellant, vs. Executive Beechcraft, Inc., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD58041, sustained and cause ordered transferred. Stith, J., not participating.

SC83384	Tommy Coggins and Rita Coggins, Respondents, vs. Laclede Gas Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77272, denied.

SC83385	Economy Forms Corporation, Respondent, vs. J.S. Alberici Construction Co., Inc., Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED77628, sustained and cause ordered transferred.

SC83386	Julie Finocchio, Appellant, vs. William Mahler and Amanda Mahler, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77786, denied.

SC83387	Pac-One, Inc., Appellant, vs. Gregory F.X. Daly, License Collector of the City of St. Louis, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78149, denied.

SC83388	Boxes, Inc., et al., Appellants, vs. Gregory F.X. Daly, License Collector of the City of St. Louis, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED78150, denied.

SC83389	State of Missouri, Respondent, vs. Jose Jaime, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED76601, denied.

SC83390	Tamie Walkenhorst-Newman and Katherine Walkenhorst-King, Respondents, vs. Montgomery Elevator, et al., Defendants, Mark J. Walkenhorst, Sr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED77611, denied.

SC83393	Union Hill Homes Association, Inc., Appellant, vs. RET Development Corporation, Inc., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59328, denied. Price, C.J., Holstein and Stith, JJ., not participating.

SC83398	State of Missouri, Respondent, vs. Andrew E. Puig, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD23541, denied.

SC83405	State of Missouri, Respondent, vs. Clarissa J. Agee, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD23341, denied.

SC83406	George Brown, Jr., Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD23861, sustained and cause ordered transferred.

SC83415	State of Missouri, Respondent, vs. Mark T. Galazin, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD57900, sustained and cause ordered transferred. Stith, J., not participating.

SC83416	State of Missouri, Respondent, vs. Justin E. Witte, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD22862, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC83346	State ex rel. John A. Hunsaker, Individually and as Next Friend for Wynter Alexandria Hansaker, a minor child, Relator, vs. Commissioner Scott B. Tinsley, Family Court Division, Circuit Court of Greene County, Missouri, Respondent.
	Petition for writ of prohibition denied.

SC83347	State ex rel. Indigent and Minority Prisoners, Relators, vs. The Honorable Ronald R. Holliger, et al., Respondents.
	Petition for writ of mandamus denied. Stith, J., not participating.

SC83325	State ex rel. Joshua Clubb, Petitioner, vs. Gene Stubblefield, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC83354	State ex rel. Ricky Durham, Petitioner, vs. Attorney General of Missouri, et al., Respondents.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 91.02.

SC83367	State ex rel. Donzell Rosenberg, Petitioner, vs. State of Missouri, et al., Respondents.
	Petition for writ of mandamus denied without prejudice pursuant to Rule 84.22.

SC83371	State ex rel. Victoria Hogue, Relator, vs. The Honorable Emmett M. O'Brien Judge, 21st Judicial Circuit, Respondent.
	Petition for writ of mandamus denied.

SC83391	State ex rel. Stacey Sue Greenwood, individually and as personal representative of the Estate of Michael J. Greenwood, Relator, vs. The Honorable Jon R. Gray, Judge, Circuit Court of Jackson County, Missouri, et al., Respondents.
	Petition for writ of prohibition sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days. Stith, J., not participating.

SC82912	In re: Robert Michael Shea, Petitioner.
	Petition for reinstatement denied.

SC83404	State ex rel. James Davis Lewis, Petitioner, vs. The Honorable William C. Seay, Judge, and Sheriff Gray Barton, Reynolds County Sheriff, Respondents.
	Petition for writ of habeas corpus denied.

SC83368	State ex rel. Kevin Smith, Petitioner, vs. Larry Rowley, Respondent.
	Petition for writ of habeas corpus denied.

SC83358	State ex rel. Torino Rice, Petitioner, vs. Missouri Department of Corrections, et al., Respondents.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22.

SC83359	State ex rel. Lionel D. Williams, Petitioner, vs. Michael Murphy, Respondent.
	Petition for writ of habeas corpus denied. Stith, J., not participating.

SC83408	State ex rel. Joe Reed, Relator, vs. The Honorable Thomas J. Frawley, Judge, Circuit Court of St. Louis City, Respondent.
	Petition for writ of prohibition or writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC83414	State ex rel. Public Service Commission of the State of Missouri, Relator, vs. The Honorable Randall R. Jackson, Judge, Division No. 1, Circuit Court of Buchanan County, Respondent.
	Petition for writ of prohibition sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days. Stith, J., not participating.

SC83417	State ex rel. Clara Schallert, Relator, vs. The Honorable Edward M. Peek, Judge, Respondent.
	Petition for writ of mandamus or, in the alternative for writ of procedendo denied.

SC83418	State ex rel. Joseph Kennedy, Petitioner, vs. Mike Kemna and State of Missouri, Respondents.
	Petition for writ of habeas corpus denied.

SC83419	State ex rel. Timothy L. Pruitt, Petitioner, vs. Michael Murphy, Superintendent, Respondent.
	Petition for writ of habeas corpus denied. Stith, J., not participating.

SC83357	State ex rel. David Bruce Lloyd, Petitioner, vs. Robin Thorne, et al., Respondents.
	Petition for writ of habeas corpus denied. Stith, J., not participating.

SC83422	State ex rel. Andrew Gruchala, et al., Relators, vs. The Honorable Robert S. Cohen, Respondent.
	Petition for writ of prohibition denied. Relators' motion to shorten time overruled.

SC83423	State ex rel. Danny Wolfe, Relator, vs. The Honorable James P. Anderton, Respondent.
	Petition for writ of prohibition denied.

MOTIONS
SC57512 and SC57513	State of Missouri, Respondent, vs. Jerry Lynn Parker, Appellant.
	Appellant's motion to recall the mandate overruled. Appellant's motion for appointment of counsel overruled.

SC82743	State of Missouri, Respondent, vs. Bobby Joe Mayes, Appellant.
	Appellant's motion to reverse and remand for a new trial due to prosecutorial misconduct, or alternatively, motion to vacate and remand for resentencing with allocution overruled. Stith, J., not participating.

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