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Minutes of May 28, 2013


Supreme Court of Missouri
en banc

May 28, 2013

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OPINION BY FISCHER, J.

SC92717State of Missouri ex rel. Velma P. Jackson and Alicia D. Seabaugh, Co-Trustees of the Lyle James Lambert a/k/a James Lyle Lambert and Jessie P. Lambert Family Trust Dated October 27, 2010, Relators, vs. The Honorable David A. Dolan, Respondent.

WRIT MADE PERMANENT. All concur.




OPINION BY STITH, J.

SC92520Charzetta Steele, Appellant, vs. Shelter Mutual Insurance Company, Respondent.

AFFIRMED. Teitelman, C.J., Russell, Breckenridge and Fischer, JJ., concur. Draper and Wilson, JJ., not participating.




MOTIONS FOR REHEARING

SC92675Tara L. Ward, et al., Appellants, vs. West County Motor Company, Inc., d/b/a West County BMW, Respondent.

Appellants' motion to modify opinion overruled. Opinion modified on Court's own motion. Draper and Wilson, JJ., not participating.



SC92682Reva Billings and William Morrison, Appellants, vs. Division of Employment Security, Respondent.

Respondent's motion for rehearing overruled. Draper, J., not participating.



SC92770Darren Berry, et al., Respondents, vs. Volkswagen Group of America, Inc., Appellant.

Appellant's motion for rehearing overruled. Breckenridge and Wilson, JJ., not participating.




APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC93182Central Trust and Investment Company, Appellant, vs. SignalPoint Asset Management, LLC, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD31658, sustained and cause ordered transferred.
 


SC93195City of Kansas City, Missouri, Respondent, vs. Karen Chastain, et al., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD75029, sustained and cause ordered transferred.



SC93211Julian J. Johnson, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD31920, denied.



SC93220State of Missouri, Respondent, vs. Julian L. Stockamp, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED98311, denied.



SC93225State of Missouri, Respondent, vs. Matthew De La Hunt, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED98120, denied.



SC93231State of Missouri ex rel. Public Counsel, Appellant, State of Missouri ex rel. Ameren Missouri, Appellant, State of Missouri ex rel. Kansas City Power & Light Company and KCP&L Greater Missouri Operations Company, Appellants, vs. Public Service Commission of the State of Missouri, Respondent, Earth Island Institute, Respondent.

Appellant Union Electric Company d/b/a Ameren Missouri's application for transfer from the Missouri Court of Appeals, No. WD74676 (consolidated with WD74678, WD74848,WD74849, and WD74850), denied.

Appellant Office of Public Counsel's application for transfer from the Missouri Court of Appeals, No. WD74676 (consolidated with WD74678, WD74848, WD74849, and WD74850), denied.




SC93238Karen M. Brown, Respondent, vs. Anthony T. Brown, Appellant.

Guardian ad litem Christine Miller Hendrix's application for transfer from the Missouri Court of Appeals, No. ED98353, sustained and cause ordered transferred.




SC93241Boulevard Bank, Respondent, vs. Herb Malott, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD74917, denied.



SC93245State of Missouri, Respondent, vs. Derrick Gerome Washington, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD74560, denied.



SC93247State of Missouri, Respondent, vs. Anthony C. Washington, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, Nos. WD74250 and WD74293, denied.



SC93262Thomas DeWalt, Respondent/Cross-Appellant, vs. Davidson Surface/Air, Inc., Defendant, and Donald Davidson, Appellant/Cross-Respondent.

Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, Nos. ED97905 and ED97906, denied.



SC93287Brenda Sniezek, Respondent, vs. Kansas City Chiefs Football Club, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD75206, denied.



SC93288Walters Bender Strohbehn & Vaughan, P.C., Respondent, vs. Elizabeth Mason, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD75140, denied.



SC93289Larry Clemmons, Respondent, vs. Kansas City Chiefs Football Club, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD75329, denied.



SC93290Missouri Veterinary Medical Board, Respondent, vs. Brooke Rene Gray and B&B Equine Dentistry, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD75162, denied. Fischer, J., not participating.



SC93295State of Missouri, Respondent, vs. James Roger Davis, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD75211, denied.



SC93296State of Missouri, Respondent, vs. Tyoka L. Lovelady, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD74249, sustained and cause ordered transferred.



SC93300In the Interest of: J.A.L., Minor, Greene County Juvenile Office, Respondent, vs. J.A.L., Natural Father, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD32185, denied.



SC93301Gershenson Construction Company, Inc., Respondent/Cross-Appellant, vs. Ledcor Construction, Inc., Appellant/Cross-Respondent, and Wal-Mart Stores, Inc., et al., Cross-Respondent.

Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED98220, denied.



SC93315Timberland Forest Products, Inc., Appellant, vs. Dennis C. Franks and Timberland Machinery, Inc., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD31898, denied.



SC93317In the interest of: M.J.H. and L.M.J., Minors, M.H., Natural Father, Appellant, vs. Greene County Juvenile Office, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD32353 and SD32354 (consolidated), denied.



SC93298Broderick Hawkins, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED98850, denied.



SC93321State of Missouri, Respondent, vs. Bruce Pierce, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED98478, sustained and cause ordered transferred.



SC93326Karl Shellabarger, Respondent, vs. Gene Shellabarger and Eugenia Shellabarger, Individually and as Trustees of the Gene L. Shellabarger and Eugenia L. Shellabarger Trust, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED98360, denied.



SC93327James Smalley, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED97900, denied.



SC93328Regions Bank, Respondent, vs. City of O'Fallon, Missouri, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED97903, sustained and cause ordered transferred.



SC93332State of Missouri ex rel. DPH Chesterfield, LLC, Respondent, vs. State Tax Commission of Missouri, and Jake Zimmerman, Assessor for St. Louis County, Appellants.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED98724 and ED98761 (consolidated), denied.



SC93342Sheila Fosket, Appellant, vs. City of Dixon, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD32084, denied.



SC93343Kelcee Jean Blunkall, Individually, and Gavin Heath Blunkall and Hannah Audree Blunkall, Minors, by court appointed Guardian and Conservator, Rhonda Atkins, Appellants, vs. Heavy and Specialized Haulers, Inc., and CWF Wood Products, Inc., Respondents, and Missouri Highways and Transportation Commission, Defendant.

Respondent CWF Wood Products, Inc.'s application for transfer from the Missouri Court of Appeals, No. SD31526, denied.



SC93352In the Matter of the Adoption of I.R.C. and A.R.C., Children under Seventeen Years of Age.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD32349, denied.



SC93356William DeWayne Davis, Appellant, vs. Bob Cumley, City Manager of the City of Springfield, Missouri, a Municipal Corporation, and the City of Springfield, a Municipal Corporation, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD31933, denied.



SC93361Melissa Coday, Appellant, vs. Division of Employment Security, Respondent.

Appellant's amended application for transfer from the Missouri Court of Appeals, No. ED98030, ED98031, ED98677, ED98678, and ED98679 (consolidated), sustained and cause ordered transferred.



SC93363State of Missouri, Respondent, vs. Eric G. Gray, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED97323, denied.



SC93364State of Missouri, Respondent, vs. David E. Jones, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED97956, denied.



SC93365ABC Seamless Siding & Windows, Inc., Appellant, vs. Brian K. Ward, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD75361, denied.



SC93366Andrew Farish, Appellant, vs. Missouri Department of Corrections, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD75235, sustained and cause ordered transferred.



SC93369Edward Lawrence, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED99013, denied.




The next regular conference of Court en Banc will be on June 25, 2013.


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