Supreme Court of Missouri
en banc

May 28, 2002

OPINION BY LIMBAUGH, C.J.
SC83739	State ex rel. American Economy Insurance Company, Relator, vs. Honorable William C. Crawford, Circuit Judge, Jasper County Circuit Court, Respondent.
	PRELIMINARY ORDER MADE ABSOLUTE. White, Wolff, Benton, Stith and Price, JJ., and Ahrens, Sp.J., concur. Teitelman, J., not participating.

OPINION BY WHITE, J.
SC84078	State of Missouri, Respondent, vs. Reginald Westfall, Appellant.
	REVERSED AND REMANDED. Wolff and Stith, JJ., and Newton, Sp.J., concur; Benton, J., dissents in separate opinion filed; Limbaugh, C.J., and Price, J., concur in opinion of Benton, J. Teitelman, J., not participating.

OPINION BY BENTON, J.
SC84035	State of Missouri, Respondent, vs. Cornealious M. Anderson, Appellant.
	AFFIRMED. Limbaugh, C.J., and Price, J., concur; Shrum, Sp.J., concurs in separate opinion filed; Wolff, J., concurs in part and dissents in part in separate opinion filed; White and Stith, JJ., concur in opinion of Wolff, J. Teitelman, J., not participating.

OPINION BY STITH, J.
SC83704	State of Missouri, ex rel. Roma Martin-Erb, Appellant, vs. Missouri Commission on Human Rights, et al., Respondents.
	AFFIRMED AND REMANDED. Limbaugh, C.J., White, Wolff and Price, JJ., and Dierker, Sp.J., concur. Benton and Teitelman, JJ., not participating.

OPINION BY STITH, J.
SC83863	Home Builders Association of Greater St. Louis, Respondent, vs. State of Missouri, et al., Appellants.
	AFFIRMED. Limbaugh, C.J., White, Wolff, Benton and Price, JJ., and Shrum, Sp.J., concur. Teitelman, J., not participating.

OPINION BY PRICE, J.
SC83718	L.A.C., a minor, by and through her next friend, D.C., Appellant, vs. Ward Parkway Shopping Center Company, L.P., et al., Respondents.
	REVERSED AND REMANDED. White, Wolff and Stith, JJ., concur; Limbaugh, C.J., dissents in separate opinion filed; Benton, J., concurs in opinion of Limbaugh, C.J. Teitelman, J., not participating.

OPINION BY PRICE, J.
SC84024	Nancy Greenlee, vs. Dukes Plastering Service & Insurance Company of North America, Respondent.
	AFFIRMED. Limbaugh, C.J., White, Wolff, Benton and Stith, JJ., and Hardwick, Sp.J., concur. Teitelman, J., not participating.

PER CURIAM
SC84297	State of Missouri, Respondent, vs. Joan E. Marschke, Appellant.
	AFFIRMED. All concur.

MOTIONS FOR REHEARING
SC83888	Medicine Shoppe International, Inc., Appellant, vs. Director of Revenue, Respondent.
	Respondent's motion for rehearing overruled. Opinion modified on Court's own motion. Teitelman, J., not participating.

SC84011	State ex rel. Gerry Taylor, Relator, vs. The Honorable Barbara W. Wallace, Judge, Circuit Court of St. Louis County, Missouri, Respondent.
	Respondent's motion for rehearing overruled. Teitelman, J., not participating.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC84317	Sally Brooks, Appellant, vs. SSM Health Care, Central Region, f/k/a SSM Health Care II d/b/a Arcadia Valley Hospital and Fernando DeCastro, M.D., Respondents.
	Respondent Fernando DeCastro, M.D.'s application for transfer from the Missouri Court of Appeals, Nos. SD23664 and SD23697, denied. Respondent SSM Health Care, Central Region, f/k/a SSM Health Care II d/b/a Arcadia Valley Hospital's application for transfer from the Missouri Court of Appeals, Nos. SD23664 and SD23697, denied.

SC84331	James Washington, Jr., Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59123, sustained and cause ordered transferred.

SC84369	Carol Anne Wray, Respondent, vs. Raymond Edward Wray, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED79716, denied. Teitelman, J., not participating.

SC84382	Susan H. Mello, Appellant, vs. Sylvia Williams, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79458, denied. Teitelman, J., not participating.

SC84383	Susan Mello, Individually and as Personal Representative for the Estate of Patricia Mello, Appellant, vs. James Giliberto, Jr., DO, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79491, denied. Teitelman, J., not participating.

SC84388	State of Missouri, Respondent, vs. Melinda Lorene Taber, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD59304, denied.

SC84390	Charles Clifford Dowell, Respondent, vs. Crystal Dean Dowell, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59556, denied.

SC84393	State of Missouri, Respondent, vs. James Richard Rose, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24283, denied.

SC84401	Glen Spears, Appellant, vs. Capitol Region Medical Center, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59842, sustained and cause ordered transferred.

SC84405	Rory L. Griggs, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59157, denied.

SC84406	State of Missouri, Respondent, vs. William O. Guthrie, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59176, denied.

SC84407	Robert E. Murphy, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59593, denied.

SC84408	Reynold Peoples, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59699, denied.

SC84409	Dean M. Willis, Jr., Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59623, denied.

SC84410	Timothy J. Wofford, Respondent, vs. State of Missouri, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD59866, denied.

SC84411	State of Missouri, Respondent, vs. John Cecil Rowland, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24273, denied.

SC84412	State of Missouri, Respondent, vs. Jack Haley, Jr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59380, denied.

SC84413	Glenn Wayne Yahne, Appellant, vs. Pettis County Sheriff Department and Sheriff Gary R. Strake, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60113, denied.

SC84414	Stefan K. Williams, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59261 denied.

SC84415	In the Matter of the Liquidation of Professional Medical Insurance Company and Professional Mutual Insurance Company Risk Retention Group
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD59442, sustained and cause ordered transferred.

SC84419	State of Missouri, Respondent, vs. Avery Mason, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79251, denied. Teitelman, J., not participating.

SC84420	Jervell Stanciel, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79654, denied. Teitelman, J., not participating.

SC84423	Nathan Govreau, Appellant, vs. Nu-Way Concrete Forms, Inc., Respondent, The Terramite Corporation and The Protectoseal Company, Defendants.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78966, denied. Teitelman, J., not participating.

SC84424	State of Missouri, Respondent, vs. Rayon Dansberry, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79252, denied. Teitelman, J., not participating.

SC84425	State of Missouri, Respondent, vs. Timothy Watson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79544, denied. Teitelman, J., not participating.

SC84426	Marguerite Cramer Whitelaw, Respondent, vs. Director of Revenue, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED79562, denied. Teitelman, J., not participating.

SC84427	Paige Linn, et al., Appellants, vs. Nancy Moffitt, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED78990, denied. Teitelman, J., not participating.

SC84428	Dianna Heffernan, Individually and as Next Friend for Minors, Steven Heffernan and Keith Heffernan, Appellants, vs. Frederick Reinhold, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED79029, denied. Teitelman, J., not participating.

SC84429	State of Missouri, Respondent, vs. Allen Brooks, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79274, denied. Teitelman, J., not participating.

SC84430	Marilyn Bono, Respondent, vs. Morin Hanson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79104, denied. Teitelman, J., not participating.

SC84431	Janet Smith, Respondent, vs. Tiger Coaches, Inc., and Insurance Company of the State of Pennsylvania, c/o AIG Claim Services, Appellants, and Travelers Insurance Company, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED79311, denied. Teitelman, J., not participating.

SC84432	State of Missouri, Respondent, vs. Deaminges Davis, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79134, denied. Teitelman, J., not participating.

SC84433	James C. Reynolds, Appellant, vs. Diamond Foods & Poultry, Inc., and Bob Smugala, Respondents.
	Respondent Diamond Foods & Poultry, Inc.'s application for transfer from the Missouri Court of Appeals, No. ED79488, sustained and cause ordered transferred. Teitelman, J., not participating.

SC84301	State of Missouri, ex inf. Jeremiah W. (Jay) Nixon, Attorney General of Missouri, Appellant, vs. Cole County Circuit Judges Byron L. Kinder and Thomas J. Brown, III, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80235, sustained and cause ordered transferred. Price and Teitelman, JJ., not participating.

SC84438	Kenneth Stellwagon, Respondent, vs. Director of Revenue, State of Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24421, sustained and cause ordered transferred.

SC84392	James McAllister, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD59297, denied.

SC84442	Catherine Phelps, f/k/a Catherine J. Gordon, Appellant, vs. Jeff Bross, et al., Respondents, and Greg Church, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79200, denied. Teitelman, J., not participating.

SC84444	State of Missouri, Respondent, vs. Kevin Bess, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79377, denied.

SC84445	Richard Romeo and Darlene Romeo, Appellants, vs. Robert E. Jones, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED79417, sustained and cause ordered transferred. Teitelman, J., not participating.

SC84446	Timothy Chaney, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24334, denied.

SC84447	Mary Lisa Breihan, Appellant, vs. Mark Allen Breihan, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78894, denied. Teitelman, J., not participating.

SC84448	Ronald L. Woodruff, Appellant, vs. Carolyn J. Woodruff, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78877, denied.

SC84449	Willie Harvey, Respondent, vs. Eric Washington, M.D., Denise Taylor, M.D., and Wendell Williams, M.D., Appellants.
	Appellant Wendell Williams, M.D.'s application for transfer from the Missouri Court of Appeals, No. ED79699, sustained and cause ordered transferred. Teitelman, J., not participating. Appellant Denise Taylor, M.D.'s application for transfer from the Missouri Court of Appeals, No. ED79699, sustained and cause ordered transferred. Teitelman, J., not participating.

SC84450	Susan LeCave, et al., Appellant, vs. James Hardy, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED79242, denied. Teitelman, J., not participating.

SC84451	In the Interest of D.J., a minor child, Louise Little, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79714, denied. Teitelman, J., not participating.

SC84453	Timothy J. Butts, Respondent, vs. Express Personnel Services and Teresa Connor, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD24274, denied.

SC84462	Ronald Pracht, Respondent, vs. City of Washington, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79749, denied.

SC84463	James S. Teefey and Agri-Lawn, Inc., Appellants, vs. Craig Cleaves and Nila Spencer-Cleaves, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD59032, denied. Price, J., not participating.

SC84464	C.S., Jr., Appellant, vs. L.K.M. and the Division of Child Support Enforcement, Respondents.
	Respondent Director of Division of Child Support Enforcement's application for transfer from the Missouri Court of Appeals, No. SD24364, denied.

SC84467	State of Missouri ex rel. Missouri Highway and Transportation Commission, Appellant, vs. Gene Overall, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED78122, denied. Teitelman, J., not participating.

SC84469	Trudy Langley, Appellant, vs. Curators of the University of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60291, denied.

SC84471	Charles D. Jeremiah, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24315, denied.

SC84472	Roosevelt Sims, Respondent, vs. City of Berkeley, et al., Appellants.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED79849, sustained and cause ordered transferred.

SC84473	Economy Fire & Casualty Company, Respondent, vs. Richard and Geralyn Erckmann, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED79681, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC84316	State ex rel. Henry Operating Corporation and Capcroft Corporation, Relators, vs. The Honorable Margaret M. Neill, Judge, Circuit Court of the City of St. Louis, Missouri, Division 1, Respondent.
	Petition for writ of prohibition denied.

SC84384	State ex rel. Union Pacific Railroad Company, Relator, vs. The Honorable J.D. Williamson, Judge, Circuit Court of Jackson County, at Independence, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC84386	State ex rel. Jeffery Scott, Petitioner, vs. State of Missouri, Respondent.
	Petition for original extraordinary writ denied. Petitioner's motion for appointment of counsel overruled.

SC84391	State ex rel. Kathleen Diehl, Relator, vs. The Honorable John R. O'Malley, Judge, Division 6, Circuit Court of Jackson County, Missouri, Respondent.
	Petition for writ of prohibition denied without prejudice pursuant to Rule 84.22(a).

SC84394	State ex rel. Planned Parenthood of Kansas and Mid-Missouri and Planned Parenthood of the St. Louis Region, Relators, vs. The Honorable Byron L. Kinder, Judge, Circuit Court of Cole County, Missouri, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC84395	State ex rel. Allen Bolden, Relator, vs. The Honorable Vernon Scoville, Judge, Circuit Court of Jackson County, Division 28 (Associate Division), Respondent.
	Petition for writ of prohibition or, in the alternative, for writ of mandamus denied. See Kibbons v. Union Electric Co., 823 S.W.2d 485, 490 (Mo. banc 1992); State ex rel. Baldwin v. Dandurand, 785 S.W.2d 547, 549 (Mo.banc 1990).

SC84400	State ex rel. Steve Dowdy and Kierra Dowdy, a minor, by and through her Father and Next Friend, Steve Dowdy, Relators, vs. The Honorable Margaret M. Neill and The Honorable Barbara W. Wallace, Respondents.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC84376	State ex rel. James McAllister, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of mandamus denied.

SC84416	State ex rel. Michael Wesley and the City of St. Louis, Relators, vs. The Honorable Margaret M. Neill, 22nd Judicial Circuit, Respondent.
	Petition for writ of prohibition/mandamus denied.

SC84417	State ex rel. RJ, Relator, vs. The Missouri Court of Appeals, Eastern District, Respondent.
	Petition for writ of prohibition denied.

SC84434	State ex rel. Omar J. Millett, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied.

SC84435	State ex rel. Oscar Heffner, Sr., Petitioner, vs. Honorable James R. Dowd, Chief Judge, Missouri Court of Appeals, Eastern District, and Pecola Pendeleton, Respondents.
	Petition for writ of mandamus denied.

SC84374	State ex rel. Charles M. Mooring, Petitioner, vs. Larry Rowley, Respondent.
	Petition for writ of habeas corpus denied.

SC84402	State ex rel. Tyrone Clark, Petitioner, vs. Kelly Lock, et al., Respondents.
	Petition for writ of certiorari denied.

SC84440	State ex rel. David G. Baugh, Petitioner, vs. Twentieth Judicial Circuit, Robert Parks, Mark Schupp and Ed Menefee, Respondents.
	Petition for writ of prohibition or, in the alternative, mandamus denied.

SC84375	State ex rel. Clarence Orr, Petitioner, vs. Allen Luebbers, Respondent.
	Petition for writ of habeas corpus denied.

SC84404	State ex rel. Kenneth Howard, Petitioner, vs. State of Missouri, et al., Respondents.
	Petition for writ of habeas corpus, or in the alternative, writ of mandamus denied without prejudice pursuant to Rules 84.22(a) and 91.02.

SC84443	State ex rel. Jeremiah J. Crook, Petitioner, vs. Larry Rowley, Respondent.
	Petition for writ of habeas corpus denied.

SC84455	State ex rel. Raymond G. Pendleton, Petitioner, vs. Michael Murphy, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC84458	State ex rel. Forklifts of St. Louis, Inc., Relator, vs. The Honorable Maura B. McShane, Judge, Circuit Court of St. Louis County, Division 2, Respondent.
	Petition for writ of mandamus denied.

SC84459	State ex rel. Leroy L. Ross, Relator, vs. State of Missouri, Respondent.
	Petition for writ of certiorari denied.

SC84466	State ex rel. William Mansfield and Maxine Mansfield, Relators, vs. The Honorable W. Robert Cope, Judge, Thirty-Sixth Judicial Circuit, Respondent.
	Petition for writ of prohibition, or in the alternative, mandamus denied.

SC84470	State ex rel. Dow AgroSciences LLC, and Tony Brown, Relators, vs. The Honorable Margaret M. Neill, Judge, Circuit Court of City of St. Louis, Missouri, Respondent.
	Petition for writ of mandamus denied.

SC84468	State ex rel. Andrew J. Sales, Jr., Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied.

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