Supreme Court of Missouri
en banc

January 30, 2007

OPINION BY WOLFF, C.J.
SC87565	Leonard J. Verni, Appellant-Respondent, vs. Cleveland Chiropractic College, Respondent, Aleksandr Makarov, Respondent-Appellant.
	AFFIRMED IN PART AND REVERSED IN PART. All concur.

OPINION BY STITH, J.
SC87995	Tamara Seeck, Appellant, vs. Geico General Insurance Co., Respondent.
	REVERSED AND REMANDED. Wolff, C.J., Teitelman, Limbaugh, Russell and White, JJ., concur. Price, J., not participating.

OPINION BY PRICE, J.
SC87371	State of Missouri, Respondent, vs. Lamont C. Kemp, Appellant.
	AFFIRMED. All concur.

OPINION BY LIMBAUGH, J.
SC87495	State of Missouri ex rel. Riverside Pipeline Company, L.P., Mid-Kansas Partnership, and Missouri Gas Energy, Respondents, vs. Public Service Commission of the State of Missouri, Appellant.
	AFFIRMED AS MODIFIED. All concur.

OPINION BY WHITE, J.
SC87811	ABB C-E Nuclear Power Inc., Respondent, vs. Director of Revenue, Appellant.
	AFFIRMED. All concur.

MOTIONS FOR REHEARING
SC87748	State of Missouri, Respondent, vs. Robert W. Davis, Appellant.
	Appellant's motion for rehearing overruled.

SC87749	State of Missouri, Respondent, vs. Paul L. Bainter, Appellant.
	Appellant's motion for rehearing overruled.

SC87445	State ex rel. Howard J. Verweire, Petitioner, vs. Steven Moore, Superintendent, Western Missouri Correctional Center, Respondent.
	Respondent's motion for rehearing overruled. Opinion modified on Court's own motion.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC87925	David Talley, Appellant, vs. Missouri Department of Corrections, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD65319, denied.

SC88098	Timothy P. Hedgecorth, Respondent, vs. Union Pacific Railroad Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86817, denied.

SC88125	Mark Anthony Manzella, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86626, denied.

SC88134	State of Missouri, Respondent, vs. Maurice T. Davis, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64993, denied.

SC88171	In the Interest of: A.R.K., Plaintiff, D.L.H. and C.W.H., Respondents, vs. A.H. (Natural Mother), Appellant, S.S. (Putative Father), and John Doe (Unknown Father), Defendants.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66683, denied.

SC88172	In re: Expungement of Arrest Records Related to William T. Brown, Jr., Respondent, William T. Brown, Jr., and Judith Brown, Appellants, vs. State of Missouri and Missouri State Highway Patrol, Appellants, Harrah's North Kansas City, L.L.C., Respondent.
	Appellants State of Missouri and Missouri State Highway Patrol and respondent Harrah's North Kansas City, L.L.C.'s application for transfer from the Missouri Court of Appeals, No. WD65475 (consolidated with WD65661), sustained and cause ordered transferred.

SC88174	Franklin Ashley, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65094, denied.

SC88175	Thomas H. Smith, Appellant, vs. Carla Y. Thomas and Melvin Hooker, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65881, denied.

SC88176	Douglas A. Hensley, Jr., Respondent, vs. Jackson County, Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65883, sustained and cause ordered transferred.

SC88177	In the Matter of: The Detachment of Territory from Public Water Supply District No. 8 of Clay County, Missouri Robertson Properties, Inc., Respondent, vs. Public Water Supply District No. 8 of Clay County, Missouri, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65852, denied.

SC88187	Ini Watson, Appellant, vs. Jefferson City Manor, Defendant, Division of Employment Security, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66763, denied.

SC88193	State of Missouri, Respondent, vs. Jason L. Coker. Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27353, denied.

SC88195	Barry Simon Development, Inc. (formerly the Lenore Ross Revocable Trust), Respondent, vs. Laurie Hale, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED87452, denied.

SC88196	Shelley Stretch, Appellant, vs. Christian Hospital Northeast/Northwest, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87759, denied.

SC88197	State of Missouri, Respondent, vs. Kenny L. Woods, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86915, denied.

SC88199	Michael J. Roth, et al., Appellants, vs. The Equitable Life Assurance Society of the United States, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED87148, denied.

SC88201	State of Missouri, Respondent, vs. James Isbell, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86996, denied.

SC88202	State of Missouri, Respondent, vs. Delarren Mason, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87248, denied.

SC88203	Milton Soto, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87394, sustained and cause ordered transferred.

SC88206	American Realty Online, Inc., Respondent, vs. James T. Byrne, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87871, denied.

SC88207	Shelter Mutual Insurance Company, Respondent, vs. American Family Mutual Insurance Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87606, denied.

SC88212	St. Louis County, Appellant, vs. Glasgow Realty, LLC, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87820, denied.

SC88213	In the Interest of: J.H., R.H., T.H., T.H., J.H., and T.H., Respondents, Juvenile Officer, Respondent, Missouri Children's Division, Respondent, L.M.H., Respondent, vs. R.J. (Father) and T.H.J. (Mother), Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD66565 consolidated with WD66566, denied.

SC88215	Tessie Young, Respondent, vs. Neddy Young, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27143, denied.

SC88219	Pauline Riney-Smith, Appellant, vs. Lewis & Rice, L.C., Marian Mehan, and Richard Walsh, Jr., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87378, denied.

SC88220	David Lawrence Mayes, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65552, denied.

SC88221	Gary R. Campbell, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87277, denied.

SC88222	State of Missouri, Respondent, vs. Joseph Powell, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86604, denied.

SC88223	Terri L. Nelson-King, Appellant, vs. Cordell James King and Vernon King, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65803, denied.

SC88224	Leslie Dubose, Respondent, vs. City of St. Louis, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87865, denied.

SC88225	Amelia Brown, et al., Respondents, vs. Greg Bailey, M.D., Appellant, and Tenet Health System d/b/a Forest Park Hospital, et al., Defendants.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86387, denied.

SC88231	Joshua Donaldson, Appellant, vs. Larry Crawford, Director, Missouri Department of Corrections, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD66268, sustained and cause ordered transferred.

SC88232	Jerry L. Crockett, Respondent, vs. Thomas O. Polen, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD65445, sustained and cause ordered transferred.

SC88233	State ex rel. Public Counsel, Appellant, vs. Public Service Commission, Respondent, and Sprint Missouri, Inc., Intervenor-Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66478 (consolidated with WD66479 and WD66480), denied.

SC88234	State of Missouri, Respondent, vs. Thomas M. Brown, Sr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64983, denied.

SC88235	State of Missouri, Appellant, vs. Roger Irvin, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD66801, denied.

SC88236	Charles M. Richardson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66250, denied.

SC88237	State of Missouri, Respondent, vs. Cecil Barriner, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65092, denied.

SC88238	John Igoe, Appellant, vs. Department of Labor and Industrial Relations, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD66083, denied.

SC88239	Margo Reid, Appellant, vs. Sarah Steelman, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65821, denied.

SC88240	State of Missouri ex rel. Missouri Gas Energy, a Division of Southern Union Company, et al., Respondents, vs. Public Service Commission of the State of Missouri, Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD66666, denied.

SC88245	Jessie L. Kopp, et al., Respondents, vs. Home Furnishing Center, LLC, et al., Appellants.
	Appellant Home Furnishing Center, LLC's application for transfer from the Missouri Court of Appeals, No. WD65277, denied.

SC88249	In the Interest of: A.P.G., a minor child.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED87443, denied.

SC88250	Barbara J. Foner, Respondent, vs. Harold J. Joseph, Jr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86335, denied.

SC88251	Brian M. Adams, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87706, denied.

SC88253	Dwayne Morgan, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87398, denied.

SC88254	Thomas P. O'Driscoll, Appellant, vs. Azim Mutapcic and State Farm Mutual Automobile Insurance Company, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87838, denied.

SC88262	Joseph F. Kennedy, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27723, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC88113	State ex rel. Jerry McCrary, Petitioner, vs. James Purkett, Respondent.
	Petition for writ of habeas corpus denied. Teitelman, J., not participating. Petitioner's request/motion for special master overruled as moot. Teitelman, J., not participating.

SC88178	State ex rel. Midway Transport, L.L.C., John Clark, and Mark Burris, Relators, vs. The Honorable Jack R. Grate, Jr., Respondent.
	Petition for writ of mandamus or prohibition denied.

SC88182	State ex rel. Sharon Roeder, Relator, vs. The Honorable John R. O'Malley, Respondent.
	Petition for writ of prohibition denied.

SC88189	State ex rel. Ricky Jerome Daugherty, Petitioner, vs. Dave Dormire, Superintendent, Respondent.
	Petition for writ of habeas corpus or in the alternative petition for writ of mandamus or in the alternative petition to transfer to court of appropriate jurisdiction denied. Petitioner's motion for reference to a master regarding lost trial, sentence & 29.15 transcript records in related petition for writ of habeas corpus overruled as moot. Petitioner's motion to expedite habeas corpus petition overruled as moot.

SC88190	State ex rel. Jonathan Brock, Relator, vs. The Honorable Booker T. Shaw, et al., Respondents.
	Petition for writ of mandamus denied.

SC88192	State ex rel. Joseph Holt and Klonda Holt, Relators, vs. The Honorable Sandra C. Midkiff, Respondent.
	Petition for writ of prohibition denied.

SC88152	State ex rel. Ira V. Souders, Petitioner, vs. Troy Steele, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's request for appointment of counsel overruled as moot.

SC88198	State ex rel. Maurice Campbell, Petitioner, vs. Dana D. Thompson, et al., Respondents.
	Petition for writ of habeas corpus denied. Petitioner's request/motion for evidentiary hearing overruled as moot. Petitioner's motion for appointment of counsel overruled as moot.

SC88204	State ex rel. Abelee Brunson, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of certiorari and/or habeas corpus denied. Petitioner's request/motion for appointment of counsel overruled.

SC88209	State ex rel. Walter T. Storey, Petitioner, vs. Donald P. Roper, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC88160	State ex rel. Charles J. Rayford, Relator, vs. State of Missouri and The Honorable Benjamin F. Lewis, Respondents.
	Petition for writ of mandamus denied.

SC88164	State ex rel. Ernest Cornelius Williams, Relator, vs. The Honorable Glenn A. Norton, Respondent.
	Petition for writ of mandamus denied. Relator's motion to suspend portions of procedure as to original writs overruled as moot.

SC88184	State ex rel. Michael Thomas, Relator, vs. Michael Bowersox, Respondent.
	Petition for writ of prohibition denied.

SC88185	State ex rel. Randy Honeycutt, Relator, vs. Missouri Department of Corrections, Respondent.
	Petition for writ of mandamus denied. Relator's motion for leave to proceed in the Supreme Court, or in the alternative, transfer to the Southern District Court of Appeals overruled.

SC88246	State ex re. Jerald P. Revelle d/b/a Buckingham Exteriors, and Catastrophe Cleaning & Restoration Company, Inc., Relators, vs. The Honorable Colleen Dolan, Respondent.
	Petition for writ of prohibition denied.

SC88256	State ex rel. Dr. William C. Bryant, Relator, vs. The Honorable David A. Dolan, Respondent.
	Petition for writ of prohibition, or in the alternative, for writ of mandamus denied.

SC88259	State ex rel. J. Damon Pradt, Petitioner, vs. William Burgess, Superintendent, Respondent.
	Petition for writ of certiorari denied.

SC88260	State ex rel. Gary V. Reilly, Jr., Petitioner, vs. State of Missouri, Respondent.
	Petition for writ of certiorari denied.

MOTIONS
SC88167	Clark E. Eisel and Patricia S. Eisel, individually and on behalf of all others similarly situated, Respondents, vs. Midwest BankCentre, Appellant.
	Respondents' motion for retransfer to the Missouri Court of Appeals overruled.

SC88020	Holly Todd and Kodey Todd, by and through Next Friend Holly Todd, Appellants, vs. Missouri United School Insurance Council, Respondent.
	Appellants' motion for leave to file supplemental legal file overruled.

SC87901	In re: Carleton Wayne Keith Davis, Respondent.
	Respondent's motion to set aside disbarment order overruled.

SC88227	In re: Dan J. Kazanas, Petitioner.
	Petitioner's motion for waiver of Rule 5.28(e)(3) of Missouri Rules of Civil Procedure overruled.

SC86822	In re: Thomas M. Utterback, Petitioner.
	Petitioner's motion for hearing, to modify and for opinion overruled. Limbaugh, J., not participating.

SC88228	In re: Thomas M. Utterback, Petitioner.
	Informant's motion to dismiss application for reinstatement and motion for waiver of Rule 5.28(c) sustained. Limbaugh, J., not participating.

SC87785	State of Missouri, Respondent, vs. Gary W. Black, Appellant.
	Appellant's motion for Court to conduct its own review of records reviewed in Camera and placed under seal by the Circuit Court; to Release records to undersigned counsel; and to allow for supplemental briefing on issue of how Appellant was prejudiced by Trial Court's refusal to release documents before trial overruled.

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