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Minutes of June 4, 2019


Supreme Court of Missouri
en banc

June 4, 2019


OPINION BY DRAPER, J.

SC97511Leslie Seaton, Respondent, vs. Shelter Mutual Insurance Company, Appellant.

REVERSED AND REMANDED. All concur.



OPINION BY POWELL, J.

SC97461State ex rel. AJKJ, Inc., Relator, vs. The Honorable Craig E. Hellmann, Respondent.

PRELIMINARY WRIT MADE PERMANENT. All concur.




MOTIONS FOR REHEARING

SC97186State ex rel. Willis McCree, Relator, vs. The Honorable Wesley Dalton, Respondent.

Relator's motion for rehearing overruled.



SC96911Matthew D. Vacca, Respondent/Cross-Appellant, vs. Missouri Department of Labor and Industrial Relations, Division of Workers' Compensation, and Brian May, Appellants/Cross-Respondents.

Respondent/Cross-Appellant's motion for rehearing overruled. Opinion modified on Court's own motion.



SC96737State of Missouri, Respondent, vs. Marvin D. Rice, Appellant.

Appellant's motion for rehearing overruled.

Respondent's motion for rehearing overruled.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC97720Willetta E. Townsend, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106124, denied.


SC97755Joseph K. Huegerich, Respondent, vs. Missouri State Highway Patrol, Appellant, Robert Hardwick, Adair County Sheriff; Jim Hughes, Chief of Police, Kirksville Police Department; and Matt Wilson, Adair County Prosecuting Attorney, Plaintiffs.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81250, denied.



SC97764



Audrey Jane Griffith, Respondent, vs. Robert Daniel Griffith, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED106363, sustained and cause ordered transferred.



SC97708Fabrice M. Lewis, Appellant, vs. Missouri Department of Corrections, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81655, denied.



SC97769Thomas Plasmeier, Appellant, vs. Richard J. George, Jr., Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED106461, denied.



SC97774Christopher Allen Borneman, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35503, denied.



SC97775Christopher Allen Borneman, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35513, denied.



SC97781David E. Roland, Respondent/Cross-Appellant, vs. St. Louis City Board of Election Commissioners, Jerry Hunter, Paul Maloney, Benjamin Phillips, Joseph Barbaglia, Marilyn Jobe, Leo G. Stoff, and Mary Wheeler-Jones, Appellants.

Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. ED106192, sustained and cause ordered transferred.



SC97760State of Missouri ex rel. City of Kansas City, Missouri, Relator, vs. The Honorable Kevin D. Harrell, Judge for the 16th Judicial Circuit of Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD82290, denied.



SC97788State of Missouri, Respondent, vs. Jonathon R. Varvil, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106059, denied.



SC97789Kristin L. Howe, Respondent, vs. Director of Revenue, State of Missouri, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106315, denied.



SC97791M.A.H., Appellant, vs. Missouri Department of Social Services, Family Support Division, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106870, denied.



SC97798Steve Cox, Appellant, vs. City of Chillicothe and Rick Knouse, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81748, denied. Fischer, C.J., not participating.



SC97800City of North Kansas City, Appellant, vs. Archer Daniels Midland Company, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81650, denied.



SC97802State of Missouri, Respondent, vs. Joel Suarez, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD80177, denied.



SC97805State of Missouri, Respondent, vs. Peter Daniel Rastorfer, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD80925, denied.



SC97806K.L.S., Appellant, vs. Union Pacific Railroad and Timothy Espy, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81728, denied. Fischer, C.J., not participating.



SC97807Ronald W. Greer, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD80462, denied.



SC97808Elizabeth Andes, Respondent, vs. Ann N. Dickey, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81296, denied.



SC97810Lillian M. Lewellen, Appellant-Respondent, vs. Universal Underwriters Insurance Company, et al., Chad Franklin, Chad Franklin National Auto Sales North, LLC, and CFS Enterprises, Inc., Respondent-Appellant.

Appellant-Respondent's application for transfer from the Missouri Court of Appeals, No. WD81171 consolidated with WD81186, WD81260, and WD81364, denied.



SC97812Theron Ingram, Respondent, vs. Brook Chateau, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81842, sustained and cause ordered transferred.



SC97813Jessica Wodohodsky, Respondent, vs. Jerry Hall and David Hall, Defendants, and David Gourley, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35228, denied.



SC97815Customer Engineering Services, Appellant, vs. Mark Odom, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35638, denied.



SC97821State of Missouri, Respondent, vs. Jevon Ellison, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106179, denied.



SC97823Craig Bonnett, Appellant, vs. Christian Hospital Northeast-Northwest and Village North, Inc., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106625, denied.



SC97827Harold Lewis and Jill Lewis, Appellants, vs. Sigman Indoor Climate Solutions, LLC and F.H. Terbrock and Sons, Inc., Respondents, vs. Darain Atkinson, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED106899, denied.



SC97830City of Cape Girardeau, Appellant, vs. Elmwood Farms, L.P., f/k/a Elmwood Farms Limited Family Partnership, L.P., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106181, denied.



SC97839Kelsey Tacchi, Appellant, vs. Dustin Mueller and Brittany Mueller, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED107417, denied.



SC97853Alberto Rodriguez, et al., Appellants, vs. Ocwen Loan Servicing, LLC, et al., Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED106849, denied.



SC97858State of Missouri, Respondent, vs. Roger Dutcher, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35296, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC97744State ex rel. Michael Kelly, Petitioner, vs. Julie Inman, Respondent.

Petition for writ of habeas corpus sustained. Preliminary writ ordered to issue returnable to Court en banc within thirty days.



SC97767State ex rel. Janet Shanklin, Relator, vs. The Honorable Daniel Brown and Shalini Devabhaktuni, Assistant County Counselor, Respondents.

Petition for writ of prohibition denied.



SC97771State ex rel. Great Plains Roofing & Sheet Metal, Inc., Petitioner, vs. The Honorable Patrick William Campbell, Respondent.

Petition for writ of prohibition denied.



SC97776State ex rel. Anda, Inc., Relator, vs. The Honorable Ellen W. Dunne, Respondent.

Petition for writ of prohibition denied.



SC97778State ex rel. Diego Montez Harmon, Petitioner, vs. Tara Tubbesing, The Honorable Robert Koffman, The Honorable David Byrn, Jackson County Prosecuting Attorney, and Attorney General Eric Schmitt, Respondents.

Petition for writ of habeas corpus denied without prejudice pursuant to Rule 91.02(a).

Petitioner's motion to stay initial jurisdiction pursuant to Rule 91.02(a) overruled as moot.



SC97782State ex rel. Kathleen A. Dunmire as Next Friend for Zachary Dunmire, Relator, vs. The Honorable Brian H. May, Respondent.

Petition for writ of prohibition denied.



SC97735State ex rel. Ryan O. Boulware, Petitioner, vs. Eileen Ramey, Respondent.

Petition for writ of habeas corpus denied.



SC97742State ex rel. Jimmy Shelby, Relator, vs. The Missouri Department of Corrections, Respondent.

Petition for writ of mandamus denied without prejudice pursuant to Rule 84.22(a).



SC97793State ex rel. Stephen Eckstein, Relator, vs. The Honorable Ted House, Respondent.

Petition for writ of prohibition denied.



SC97795State ex rel. Rebecca Almond, Relator, vs. The Honorable Laura Johnson, Respondent.

Petition for writ of prohibition denied without prejudice to seeking relief on appeal.



SC97801State ex rel. Melissa L. Clark, Relator, vs. The Honorable Dean G. Dankelson, Respondent.

Petition for writ of mandamus or, in the alternative, prohibition denied.



SC97814State ex rel. Universal Credit Acceptance, Inc., Relator, vs. The Honorable Timothy S. Miller, Respondent.

Petition for writ of prohibition denied.



SC97822State ex rel. Universal Credit Acceptance, Inc., Relator, vs. The Honorable Timothy S. Miller, Respondent.

Petition for writ of prohibition denied.



SC97829State ex rel. Andre Kirk, Petitioner, vs. Jeff Norman, Respondent.

Petition for writ of habeas corpus denied.



SC97803State ex rel. Harold S. Dykes, Petitioner, vs. Daniel Redington, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion to urge timely show cause order overruled.



SC97832State ex rel. Kevin Bromwell, Petitioner, vs. Jeff Norman, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion for appointment of counsel and evidentiary hearing overruled.



SC97794State ex rel. Steven Strong, Petitioner, vs. Brock VanLoo, Superintendent, Tipton Correctional Center, Respondent.

Petition for writ of habeas corpus denied.


SC97835State ex rel. Miss Dianna's School of Dance and Dianna Pfaff, Relators, vs. The Honorable Sherrill Roberts, Respondent.

Petition for writ of prohibition or, in the alternative, mandamus denied.

Respondent Joseph Lightfoot's motion for attorneys fees denied.



SC97840State ex rel. Lee Harrell, Petitioner, vs. Jeff Norman, Respondent.

Petition for writ of habeas corpus denied.



SC97845State ex rel. Anheuser-Busch, LLC, Relator, vs. The Honorable Joan L. Moriarty, Respondent.

Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en banc within thirty days.



MOTIONS

SC54830State of Missouri, Respondent, vs. Melvin Leroy Tyler, Appellant.

Appellant's motion to recall the mandate overruled.








The next regular conference of Court en Banc will be on June 25, 2019.


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