Supreme Court of Missouri
en banc

March 4, 2003

OPINION BY LIMBAUGH, C.J.
SC84748	Julia Brooks, Respondent, vs. Jeffrey M. Brooks, Appellant.
	CAUSE RETRANSFERRED. All concur.

OPINION BY WHITE, J.
SC84622	State of Missouri, ex rel. Lisa Proctor, Relator, vs. The Honorable Larry Bryson, Respondent.
	WRIT MADE ABSOLUTE. All concur.

OPINION BY WHITE, J.
SC84695	State of Missouri, Respondent, vs. Nicklous D. Churchill, Appellant.
	REVERSED AND REMANDED. All concur.

OPINION BY WHITE, J.
SC84747	Roxanne Kerperien, Respondent, vs. Lumberman's Mutual Casualty Company, Appellant.
	AFFIRMED AS MODIFIED. Stith, Price and Teitelman, JJ., concur; Limbaugh, C.J., dissents in separate opinion filed; Wolff and Benton, JJ., concur in opinion of Limbaugh, C.J.

OPINION BY BENTON, J.
SC84714	Steven R. Cox, Respondent, vs. Director of Revenue, Appellant.
	REVERSED AND REMANDED. Limbaugh, C.J., Stith and Price, JJ., concur; White, J., dissents in separate opinion filed; Wolff and Teitelman, JJ., concur in opinion of White, J.; Wolff, J., dissents in separate opinion filed.

OPINION BY STITH, J.
SC84347	Conseco Finance Servicing Corporation, f/k/a Green Tree Finance Servicing Corp., et al., Respondents, vs. Missouri Department of Revenue, Appellant.
	REVERSED AND REMANDED. White, Wolff, Benton and Price, JJ., concur; Limbaugh, C.J., concurs in separate opinion filed; Teitelman, J., concurs in opinion of Limbaugh, C.J.

OPINION BY STITH, J.
SC84349	Greenpoint Credit, L.L.C., Respondent, vs. Missouri Department of Revenue, Appellant.
	REVERSED AND REMANDED. White, Wolff, Benton and Price, JJ., concur; Limbaugh, C.J., concurs in separate opinion filed; Teitelman, J., concurs in opinion of Limbaugh, C.J.

PER CURIAM
SC84539	Ronald Huffman, Appellant, vs. Jeremiah W. (Jay) Nixon, Respondent.
	AFFIRMED. All concur.

PER CURIAM
SC84964	In Re the Matter of: Robert E. Barker and Susan Elaine Barker, Respondents, vs. Gerald D. Barker and Christie Barker, Appellants.
	AFFIRMED. All concur.

MOTIONS FOR REHEARING
SC84523	Ford Motor Company, d/b/a American Road, Respondent, vs. Director of Revenue, Appellant.
	Respondent's motion for rehearing overruled.

SC83033	In re: Daniel J. Kazanas, Respondent.
	Respondent's motion for rehearing overruled. Opinion modified on Court's own motion. Teitelman, J., not participating.

SC83934	State of Missouri, Respondent, vs. Marcellus Williams, Appellant.
	Appellant's motion for rehearing overruled. Opinion modified on Court's own motion. Execution set for June 6, 2003.

SC84287	Odell Blackmon, Appellant, vs. Missouri Board of Probation and Parole, Respondent.
	Appellant's motion for rehearing overruled.

SC84587	State ex rel. Robert L. Meier, Petitioner, vs. Gene Stubblefield, Respondent.
	Petitioner's motion to modify opinion overruled. Opinion modified on Court's own motion.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC85013	Michael E. Lee, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60905, denied.

SC85043	Saundra Sobelman, et al., Appellants, vs. David Johnson, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED80974, denied.

SC85044	Ruth R. Millington, Respondent, vs. Edwin J. Masters and Jackie Masters, Appellants, and Donald Cato and Glenda Cato, Defendants, and Charlotte M. Newton and David Newton, Appellants.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD24478, denied.

SC85049	Dorina Salinas, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24843, denied.

SC85050	State of Missouri, Respondent, vs. Jerome Montgomery, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED79647, sustained and cause ordered transferred.

SC85051	State of Missouri, Respondent/Cross-Appellant, vs. Reproductive Health Services of Planned Parenthood of the St. Louis Region, Inc. and Robert Crist, M.D., Appellants/Cross-Respondents.
	Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. ED79435, denied.

SC85053	Katherine Louise Helsel, Respondent, vs. Sivi Noellsch, D.C., Appellant.
	Appellant's application for transfer, prior to opinion, from the Missouri Court of Appeals, No. WD61536, sustained and cause ordered transferred.

SC85061	State of Missouri, Respondent, vs. Andria Steward, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80637, denied.

SC85063	Jamal Duqum, Appellant, vs. The Sentry Security Agency of St. Louis, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80939, denied.

SC85066	Robert Hogate, Respondent, vs. American Golf Corporation, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED80151, denied.

SC85067	In the Matter of the Care and Treatment of Mark Henson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80376, denied.

SC85068	Melvin Jamerson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81033, denied.

SC85069	Paul Cummings, 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. ED80815, denied.

SC85070	Robert F. Munsch, M.D., Appellant, vs. James L. Lemon, John C. Lemon, and Lemon-Ganzalez, L.L.P., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80622, denied.

SC85071	Lawrence Williams, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80456, denied.

SC85073	Larry Steinmann and Roger Steinmann, Respondents, vs. Joe V. Davenport, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81183, denied.

SC85082	State of Missouri, Respondent, vs. David P. Brown, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60799, denied.

SC85084	Tracey L. Farmer-Cummings, Appellant, vs. Personnel Pool of Platte County, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60894, sustained and cause ordered transferred.

SC85085	State of Missouri, Respondent, vs. Joseph M. Callen, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60544, denied.

SC85086	State of Missouri, Respondent, vs. Michael Langdon, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80297, sustained and cause ordered transferred.

SC85089	State of Missouri, Respondent, vs. Jerald W. Thomas, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD59995, denied.

SC85092	Richard Thomas, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80610, denied.

SC85093	St. Louis County, Respondent, vs. Vincent Ventimiglia, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80654, denied.

SC85094	Richard Moore, Appellant, vs. Firstar Bank, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD24844, denied.

SC85095	Todd Erdman and Tracy Erdman, Respondents, vs. Condaire, Inc., and Sachs Electric Company, Appellants.
	Respondents' application for transfer from the Missouri Court of Appeals, Nos. ED80447 and ED80448, denied.

SC85096	The Missouri Department of Transportation, ex rel. PR Developers, Inc., Respondent, vs. Safeco Insurance Company of America and Robertson Contractors, Inc., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED79860, denied.

SC85098	Robin Leigh Reynolds, Respondent, vs. Mark Paul Reynolds, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80910, denied.

SC85099	Kourtney Turner, a minor, by and through her Next Friend Mindy Turner, Appellant, vs. Jerry Ahten and Tammy Ahten, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80879, denied.

SC85100	Elgie L. Long, Sr., et al., Appellants, vs. Funeral Directors Service, Inc., et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD60713, denied.

SC85101	Mark A. Verdoorn, Respondent, vs. Director of Revenue, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60784, sustained and cause ordered transferred.

SC85102	In re the Marriage of Karen Elise Goucher and Kevin Wayne Goucher Karen Elise Goucher, Respondent, vs. Kevin Wayne Goucher, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80564, denied.

SC85104	State of Missouri, Respondent, vs. Derrick Gresham, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80634, denied.

SC85105	Kristin Oberhellmann, Respondent, vs. Elmer Oberhellmann, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81074, denied.

SC85106	Jeffrey A. Findley, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, Nos. WD60645 and WD60681, denied.

SC85107	Armstrong Business Services, Inc., et al., Appellants, vs. H & R Block, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD60348, denied.

SC85108	City of Kansas City, Missouri, Respondent, vs. New York-Kansas Building Associates, L.P., Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD60818, denied.

SC85109	Ralph Wilson and Carolyn Wilson, Appellants, vs. David D. Lodwick, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD60970, denied.

SC85110	Homer T. Seaton, Jr., Appellant, and Seaton Family Limited Partnership, et al., Plaintiffs, vs. City of Lexington, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60690, denied.

SC85111	Ronald Zimmerman, Respondent, vs. City of Kansas City, Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD60815, denied.

SC85112	Manuel and Esperanza Lopez, Appellants, vs. American Family Mutual Insurance Company, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD60493, denied.

SC85113	Jessie M. Dollard and Delbert Dollard, Appellants, vs. Depositors Insurance Company, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD60492, denied.

SC85114	C. Patrick Herring and Clarann Herring, et al., Appellants, vs. Prudential Property and Casualty Insurance Company, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD60491, denied.

SC85115	William Gomez, Respondent-Appellant, vs. Construction Design, Inc., Appellant-Respondent.
	Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD60093 (consolidated with WD60125), sustained and cause ordered transferred.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC84989	State ex rel. John D. Bailey, D.O., Relator, vs. The Honorable Gene Hamilton, Respondent.
	Petition for writ of mandamus denied.

SC85035	State ex rel. U.S. Bank National Association, Relator, vs. The Honorable Melvyn W. Wiesman, Judge, Circuit Court of St. Louis County, 21st Judicial Circuit, Respondent.
	Petition for writ of prohibition denied. Benton, J., not participating.

SC84996	State ex rel. Larry J. (Joe) Glasscock, Petitioner, vs. James Anthony Gammon and the Missouri Board of Probation and Parole, Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled.

SC85036	State ex rel. Jeffrey Amick, Petitioner, vs. Missouri Board of Probation and Parole and Missouri Department of Corrections, Respondents.
	Petition for writ of habeas corpus denied.

SC85037	State ex rel. FirstPlus Home Loan Owner Trusts 1998-1 and 1998-2, Relators, vs. The Honorable David W. Russell, Circuit Judge, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc on March 11, 2003.

SC85041	State ex rel. Bishop Band of the Faith Valley Tribe, et al., Petitioners, vs. The Honorable Jo Beth Prewitt, Judge, and Fred O'Neill, Prosecuting Attorney, Respondents.
	Petition for writ of prohibition denied.

SC85016	State ex rel. Gregory Breeden, Petitioner, vs. Missouri Board of Probation and Parole, et al., Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion for forthwith issuance of original writs pursuant to Rule 55.09 and undisputed allegations of illegal restraint and violations of lawful rights overruled.

SC85045	State ex rel. Will Miller, Petitioner, vs. The Honorable Harold L. Lowenstein, Missouri Court of Appeals, Western District, Respondent.
	Petition for writ of mandamus denied. Petitioner's motion to issue writ overruled.

SC85046	State ex rel. Angela M. Koepke and Roger Grob Real Estate, Inc., Relators, vs. The Honorable Joseph M. Ladd, Associate Circuit Judge, Circuit Court of Franklin County, Respondent.
	Petition for writ of mandamus denied.

SC85047	State ex rel. Lorne Lei Wray, Petitioner, vs. Marylois Lacey, C.E.O., St. Louis Psychiatric Rehabilitation Center, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for legal advisor or assistance in support of writ of habeas corpus overruled.

SC85062	State ex rel. Arthur Scott Clay, Petitioner, vs. James Anthony Gammon, State of Missouri, Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled.

SC85072	State ex rel. Anchor Fence Company, Relator, vs. Sandra L. Skinner, Clerk of the Missouri Court of Appeals, Southern District, Respondent.
	Petition for writ of mandamus denied.

SC85079	State ex rel. Director of Revenue, State of Missouri, Relator, vs. The Honorable Ronald R. McKenzie, Senior Judge, Marion County, 10th Judicial Circuit, Respondent.
	Petition for writ of prohibition denied.

SC84995	State ex rel. Bruce Day, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's application for subpoena duces tecum denied.

SC85081	State ex rel. Master Financial Asset Securitization Trust 1998-1, Relator, vs. The Honorable David W. Russell, Circuit Judge, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc on March 11, 2003.

SC85083	State ex rel. Chaminade College Preparatory, Inc., Relator, vs. The Honorable Margaret M. Neill, Judge of the Missouri Circuit Court for the 22nd Judicial Circuit, Respondent.
	Petition for writ of prohibition denied.

SC85027	State ex rel. Tommy Nunley, Petitioner, vs. Larry Rowley, Superintendent, Northeast Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC85028	State ex rel. Calvin Hamilton, Petitioner, vs. Larry Rowley, Superintendent, Northeast Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC85057	State ex rel. James Washington, Jr., Petitioner, vs. James A. Gammon, Respondent.
	Petition for writ of habeas corpus denied.

SC85090	State ex rel. Bernard J. Dolenz, Petitioner, vs. Missouri Court of Appeals, Southern District, Respondent.
	Petition for writ of mandamus denied.

SC85097	State ex rel. David G. Baugh, Petitioner, vs. Missouri Department of Revenue, et al., Respondents.
	Petition for writ of prohibition denied.

SC85059	State ex rel. Elgin Vinson, Petitioner, vs. Michael Murphy, Respondent.
	Petition for writ of habeas corpus denied.

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