Supreme Court of Missouri
en banc

May 1, 2007

OPINION BY WOLFF, C.J.
SC87837	State of Missouri, Respondent, vs. Justin J. Walkup, Appellant.
	REVERSED AND REMANDED. All concur.

OPINION BY STITH, J.
SC87691	Dennis E. Hess, Appellant-Respondent, vs. Chase Manhattan Bank USA, N.A., Respondent-Appellant.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. Wolff, C.J., and Shaw, Sp.J., concur; Teitelman, J., concurs in part and dissents in part in separate opinion filed; Limbaugh, J., concurs in part and dissents in part in separate opinion filed; Russell and White, JJ., concur in opinion of Limbaugh, J. Price, J., not participating.

OPINION BY TEITELMAN, J.
SC87827	Karen Lindquist, Individually and as Personal Representative of the Estate of Michael Lindquist, Respondent/Cross-Appellant, vs. Mid America Orthopaedic Surgery, Inc., Appellant/Cross-Respondent.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. All concur.

OPINION BY LIMBAUGH, J.
SC87773	State ex rel. MW Builders, Inc., Relator, vs. The Honorable Sandra C. Midkiff, Respondent.
	WRIT MADE ABSOLUTE. All concur.

PER CURIAM
SC87321	Planned Parenthood of Kansas and Mid-Missouri, Inc., et al., Appellants, vs. Jeremiah W. (Jay) Nixon, et al., Respondents.
	AFFIRMED AS MODIFIED. All concur.

PER CURIAM
SC87866	Precision Investments, L.L.C., et al., Respondents, vs. Cornerstone Propane, L.P., Appellant.
	PEREMPTORY WRIT ORDERED TO ISSUE. All concur.

PER CURIAM
SC88003	Mark Barron, Shauna Barron, Kennadi Barron, Christy Barron, Cameron Smith-Barron, and Richard Allen, Respondents, vs. Shelter Mutual Insurance Company, Appellant.
	CAUSE RETRANSFERRED. All concur.

MOTIONS FOR REHEARING
SC87976	Thomas G. Neske, et al., Respondents, vs. City of St. Louis, et al., Appellants.
	Appellants' motion for rehearing overruled.

SC87977	Firemen's Retirement System, et al., Respondents, vs. City of St. Louis, et al., Appellants.
	Appellants' motion for rehearing overruled.

SC87641	Ida M. Richardson, Respondent, vs. Joseph A. Richardson, Appellant.
	Appellant's motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC88313	Dr. Gary Edwards, Appellant, vs. Lawrence M. Gerstein, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66678, sustained and cause ordered transferred.

SC88314	D.A.N. Joint Venture, III, Appellant, vs. Theresa Clark, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66513, denied.

SC88317	State of Missouri, Respondent, vs. Donald Brink, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66253, denied.

SC88325	Neal S. Clevenger and Mitsue I. Clevenger, Respondents, vs. Oliver Insurance Agency, Inc., Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD65500, sustained and cause ordered transferred.

SC88327	State of Missouri, Respondent, vs. William Thimiogianis, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87837, denied.

SC88334	City of Kansas City, Missouri, Respondent, vs. Frederick McGary, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD66338, denied.

SC88354	United Petroleum Service, Inc., Appellant, vs. Thomas Piatchek, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED88429, denied.

SC88358	Michael E. Rauch, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64921, denied.

SC88363	State of Missouri, Respondent, vs. Terrese D. Aaron, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65362, denied.

SC88365	Harry Fred Sutphin, Jr., Respondent, vs. Cathy Lynn Renick, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED87644, denied.

SC88366	In the Interest of: M.R.C., Plaintiff, A.C. (Father), Appellant, vs. Juvenile Officer and G.W. (Mother), Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66989, denied.

SC88370	John P. Tholen, et ux, Appellants, vs. Countrywide Home Loans, Inc., Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD66705, denied.

SC88372	Tim Holmes, Appellant, vs. Bi-State Development Agency, d/b/a Metro, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87920, denied.

SC88376	Joseph J. Kelly, et al., Respondents, vs. State Farm Mutual Automobile Insurance Co., et al., Appellants.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD66408, denied.

SC88380	Norman Shane Glasgow, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65948, denied.

SC88381	Robert Burns, Sr., Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65487, denied.

SC88382	Ann Talbert, Appellant, vs. AGCO Manufacturing Group, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66792 (consolidated with WD66793), denied.

SC88383	Pamla G. Laws, Appellant, vs. St. Luke's Hospital, et al., Defendants, Thomas Helling and Mid-America Surgical Specialists, P.C., Respondents, Melissa Vu, Defendant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD66564, denied.

SC88384	Marsha Burns, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65490, denied.

SC88385	Mark Downey, Appellant, vs. Jeff McKee, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD65927, denied.

SC88387	Calvin Rhodes, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66242, denied.

SC88389	James R. Berger, Appellant, vs. Cameron Mutual Insurance Company, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66196, denied.

SC88391	Reginald S. Westfall, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87592, denied.

SC88394	Chris Francis, et al., Appellants, vs. Mehlville Fire Protection District, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED87870, denied.

SC88395	Curtis Burrows, Respondent, vs. Union Pacific Railroad Company and National Railroad Passenger Corporation d/b/a Amtrak, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED87314, denied.

SC88396	State of Missouri, Respondent, vs. Rainey Eddie Gregory, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87351, denied.

SC88400	St. Louis County, Respondent, vs. Theodis Brown, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED89188, denied. Appellant's motion to compel consolidation overruled as moot. Appellant's motion to compel disbarment overruled as moot. Appellant's motion for State Supreme Court to take judicial notice overruled as moot.

SC88410	Norma Lockman, Respondent, vs. Judith Alber, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87728, denied.

SC88413	Joann Leah Bryant, Appellant, vs. Robert Julius Bryant, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED87298, denied.

SC88414	State of Missouri, Respondent, vs. Robert Neil Joos, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27323, denied. Appellant's motion for order to commute sentence overruled as moot. Appellant's motion for emergency stop order overruled as moot.

SC88417	Jared Cole, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87603, denied.

SC88418	State of Missouri, Respondent, vs. James F. Tabor, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27271, denied.

SC88419	Michael Saigh and Andrew Saigh, Appellants, vs. William K. Saigh, et al., Defendants, A.G. Edwards Trust Company FSB, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED88098, denied. Limbaugh, J., not participating.

SC88420	In re the Marriage of: Donna Louise Stephens and Stephen Benjamin Stephens Donna Louise Stephens, n/k/a Donna Louise Rising Eagle, Appellant, vs. Stephen Benjamin Stephens, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED88313, denied.

SC88421	Mary Ann Rosenkoetter, Appellant, vs. Integram St. Louis Section, Respondent, Treasurer of the State of Missouri, Custodian of the Second Injury Fund, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87938, denied.

SC88422	Pamela Grammer, Appellant, vs. Meridian Medical Technologies, and Treasurer of the State of Missouri, Custodian of the Second Injury Fund, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED88347, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC88347	State ex rel. O & S Trucking, Inc. and Ernest Martin, Relators, vs. The Honorable Charles E. Atwell, Respondent.
	Petition for writ of prohibition denied. Stith, J., not participating. Relator's motion for leave to amend petition for writ overruled as moot. Stith, J., not participating.

SC88364	State ex rel. APAC-Missouri, Inc., Relator, vs. The Honorable Edith L. Messina, Respondent.
	Petition for writ of prohibition denied.

SC87536	In re: Russell Anthony Willis, III, Petitioner.
	Petition for reinstatement denied.

SC88388	State ex rel. Justin Robinson, Relator, vs. The Honorable David A. Dolan, Respondent.
	Petition for writ of prohibition denied.

SC88359	State ex rel. Lloyd Williams, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied.

SC88390	State ex rel. Office of the Public Counsel, Relator, vs. The Public Service Commission of the State of Missouri, et al., Respondents.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC88392	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. Russell, J., not participating.

SC88393	State ex rel. Eddie Dean Woodfin, Petitioner, vs. State of Missouri and 22nd Judicial Circuit, Respondents.
	Petition for writ of mandamus denied.

SC88401	State ex rel. Roy Taylor, Petitioner, vs. Jim Moore, Superintendent, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of advisory counsel overruled as moot.

SC88402	State ex rel. Sharo Shirshekan, Relator, vs. The Honorable Daniel M. Czamanske, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC88356	State ex rel. James W. Hilt, Petitioner, vs. Troy Steele, Respondent.
	Petition for writ of habeas corpus denied.

SC88404	State ex rel. J. Marty Robinson, Relator, vs. The Honorable Frank Conley, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC88405	State ex rel. J. Marty Robinson, Relator, vs. The Honorable Ronald E. Taylor and The Honorable Randall Jackson, Respondents.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days.

SC88408	State ex rel. Intex Recreation Corp., Relator, vs. The Honorable Jack Grate, Respondent.
	Petition for writ of prohibition denied.

SC88412	State ex rel. David G. Baugh, Petitioner, vs. James A. (Tony) Gammon, Respondent.
	Petition for writ of habeas corpus denied.

SC88415	State ex rel. Christopher Vincent, Relator, vs. Al Luebbers, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC77365	State of Missouri, Respondent, vs. Michael Taylor, Appellant.
	Appellant's combined petition for writ of habeas corpus or, in the alternative, motion to recall the mandate denied.

SC88423	State ex rel. Quantel Lotts, Petitioner, vs. James Purkett, Superintendent, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22.

SC88424	State ex rel. Danyelle Cremeen and Robert Cremeen, Relators, vs. The Honorable Jack R. Grate, Jr., Respondent.
	Petition for writ of prohibition denied. Stith, J., not participating.

SC88425	State ex rel. Royal Gate Dodge, Chrysler, Jeep, Inc., Relator, vs. The Honorable Ted House, Respondent.
	Petition for writ of mandamus, or in the alternative, writ of prohibition denied. Russell, J., not participating.

SC88406	State ex rel. DeMun Walker, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22. Petitioner's motion for judgment on the pleadings and relief sought overruled as moot.

SC88427	State ex rel. Aaron Chamberlin, Relator, vs. The Honorable David L. Dowd, Respondent.
	Petition for writ of mandamus denied.

SC88357	Steven and Ruth Mitchell and Judith L. Pickerill, Respondents, vs. Residential Funding Corporation, et al., Appellants.
	Appellants' motion for leave to file petition for permission to appeal order granting class certification overruled.

SC77439	State of Missouri, Respondent, vs. Willie Simmons, Appellant.
	Appellant's motion to recall the mandate and vacate judgment and sentence overruled.

SC87825	State of Missouri, Respondent, vs. Ernest Lee Johnson, Appellant.
	Appellant's motion for leave to file appendix citing three unpublished decisions overruled.

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