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Minutes of July 20, 2023


Supreme Court of Missouri
en banc

July 20, 2023


OPINION BY BRECKENRIDGE, J.

SC99928Christina Forester, Appellant, vs. Crystal May, Respondent.

AFFIRMED. All concur.



OPINION BY DRAPER, J.

SC99740State of Missouri ex rel. Department of Natural Resources, Petitioner, vs. Fowler Land Company, Inc., and Margaret Leist Revocable Trust, Sandy Runnels and Linda Henderson, Trustees, Respondents.

REVERSED. All concur.



OPINION BY WILSON, J.

SC100132State of Missouri ex rel. Dr. Anna Fitz-James, Respondent, vs. Andrew Bailey, In His Official Capacity, Appellant, and Scott Fitzpatrick, et al., Respondent.

AFFIRMED. Russell, C.J., Powell, Breckenridge, Fischer and Ransom, JJ., concur; Draper, J., not participating.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC100055State of Missouri, Respondent, vs. John A. Hayes, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD37427, denied. Breckenridge, J., not participating.



SC100057State of Missouri, Respondent, vs. Jordan Rigdon, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110185, denied.



SC100058Shawntelle Fisher, Appellant, vs. Missouri Department of Social Services, Children's Division, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110601, denied.



SC100064State of Missouri, Respondent, vs. Cortavia Emon Smith, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84844, denied.



SC100066State of Missouri, Respondent, vs. Thomas Bricker, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110235, denied.



SC100068Debbie M. Earley, Appellant, vs. Mary V. Dunn, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110514, denied.



SC100071Mary Crawford and Jason Crawford, Appellants, vs. Family Tree, Inc., Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD85628, denied.



SC100073City of Creve Coeur, Respondent, vs. Netflix, Inc., and Hulu, LLC, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED110800, denied.



SC100074In the Interest of J.S., Juvenile; Juvenile Officer, Respondent, vs. T.S., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85550, denied.



SC100075State of Missouri, Respondent, vs. Thomas Eugene Antle, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83333, denied.




SC100078State of Missouri, Respondent, vs. Lee Allen Haneline, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD84964, denied.



SC100079Ramon Boyd, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84797, denied.



SC100081Preston Moore, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85129, denied.



SC100082State of Missouri, Respondent, vs. Richard Leon Kerksiek, Appellant.

Appellant's Application for Transfer from the Missouri Court of Appeals No. WD84784, denied.



SC100084Aaron Hecker, Appellant, vs. State of Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD84950, sustained and cause ordered transferred.



SC100086State of Missouri, Respondent, vs. Curtis V. Lee, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84629, denied.



SC100087City of Kansas City, Missouri, A Municipal Corporation, Respondent, vs. Phillip J. Troyer, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85432, denied.



SC100089Dane Templeton, Appellant, vs. Charles Orth, D.O., and Orthopedic Surgeons, Inc., Respondents.

Respondents' application for transfer from the Missouri Court of Appeals, No. WD85405, sustained and cause ordered transferred.



SC100091City of Excelsior Springs, Respondent, vs. Tomas Caesar Popson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84847, denied.




SC100092City of Excelsior Springs, Respondent, vs. Tomas Caesar Popson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84849, denied.




SC100094State of Missouri, Respondent, vs. Jennifer A. Heidbrink, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110697, denied.




SC100096St. Louis Police Officer's Association, Respondent, vs. St. Louis County, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110948, denied.




SC100098State of Missouri, Respondent, vs. Anita Marie Shelton, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD37592, denied.



SC100101Daniel McCullen, Appellant, vs. Matthew P. O'Grady, et al., Respondents.

Respondents' application for transfer from the Missouri Court of Appeals, No. ED110811, denied.




SC100102Mark Boles, et al., Respondents/Cross-Appellants, vs. City of St. Louis, Appellants/Cross-Respondents.

Respondents/Cross-Appellants' application for transfer prior to disposition from the Missouri Court of Appeals, No. ED111495 consolidated with No. ED111561, denied.



SC100103State of Missouri, Respondent vs. Justin Andrew Marks, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84927, denied.



SC100104Courtney Garner, Respondent, vs. AMCO Insurance Company, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD37632, denied.




SC100109State of Missouri, Respondent, vs. Chicory Griffin, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110282, denied.



SC100110Rachel Sender, Appellant, vs. City of St. Louis, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED110898, sustained and cause ordered transferred.



SC100111Keisha N. Robinson, Respondent, vs. Henry D. Robinson, Respondent, Charles V. Tisdell and Jannie Robinson Tisdell, Appellants.

Appellant Jannie Robinson Tisdell's application for transfer from the Missouri Court of Appeals, No. ED111672, denied.



SC100112State of Missouri, Respondent, vs. Haverley Bracy, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED109927, denied.



SC100115Carl Hanes, Appellant, vs. Missouri Department of Corrections and Treasurer of Missouri as Custodian of the Second Injury Fund, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85682, denied.



SC100116Emanuel Matthews, et al., Appellants, vs. Harley Davidson, et al., Respondents.

Respondent syncreon.US, Inc.'s application for transfer from the Missouri Court of Appeals, No. WD85267 consolidated with No. WD85409, sustained and cause ordered transferred.

Respondent Harley-Davidson Motor Company Operations, Inc.'s application for transfer from the Missouri Court of Appeals, No. WD85267 consolidated with No. WD85409, sustained and cause ordered transferred.



SC100117Farm Bureau Town & Country Insurance Company of Missouri, Respondent, vs. Vance R. Clark, Appellant, and John Robinson, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110929, denied.



SC100118State of Missouri, Respondent, vs. Raynisha Lasha Jones, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110475, sustained and cause ordered transferred.

 


SC100119State of Missouri, Respondent, vs. Joseph C. Griest, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85179, denied.



SC100120Leslie M. Henson, Individually, and as Personal Representative of the Estate of Leslie S. Henson, Respondent, vs. Merob Logistics, LLC, and Tedros S. Lakew, Respondents, and Zurich American Insurance Company, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85158, denied.



SC100121State of Missouri, Respondent, vs. Daniel A. Burpo, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD37563, denied.




SC100124Jessica M. Davis, Appellant, vs. McClain Restaurant Group, Inc., Cynthia McClain, Kenneth McClain, and Oscar Dorantes-Mallan, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85116, denied. Powell, J., not participating.



SC100125Colleen Spurlock, Appellant, vs. City of Columbia, Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD85580, denied.



SC100126Michael Ronald Taylor, Respondent, vs. Elaine Marie Taylor, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110705, denied.


SC100122Greg Halderman, Respondent, vs. City of Sturgeon, Missouri and Tyler Patterson, Appellants.

Appellant City of Sturgeon's application for transfer from the Missouri Court of Appeals, No. WD85066 consolidated with No. WD85080 and No. WD85252, denied.



SC100128Yes Chancellor Farms, LLC, Respondent, vs. Vicki Merkel, et al., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED111217, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC100015State ex rel. James B. Geitz, Petitioner, vs. Richard Adams, Respondent.

Petition for writ of habeas corpus denied.



SC100065State ex rel. Michele Barrows and Christopher Barrows, Relators, vs. The Honorable Stephen Cotton Walker, Respondent.

Petition for writ of mandamus denied.



SC100097State ex rel. Erin Achenbach, Deborah Baker, St. Louis Call Newspaper, and Concord Publications, Inc., Relators, vs. The Honorable David Lee Vincent III, Respondent.

Petition for writ of prohibition denied.



SC100099State ex rel. Clinton No. 1, Inc., Relator, vs. The Honorable Brandon Baker, Respondent.

Petition for writ of prohibition or, in the alternative, mandamus sustained. Preliminary writ ordered to issue returnable to Court en banc within thirty days.

SC100100State ex rel. Elad Gross, Relator, vs. The Honorable Daniel R. Green, Respondent.

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



SC100105State ex rel. Rising Star M.B. Church, Ernest Garrett Jr., Charles Haley, David L. White, Alphonso Ivy, Lehman A. Turner Jr., David Long, Lamar E. Brew, George Robinson, and Peter Lewis, Relators, vs. The Honorable Michael F. Stelzer, Respondent.

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




SC100107State ex rel. Monika Gray-El (Mitchell), Petitioner, vs. State of Missouri, Missouri Board of Probation and Parole, Don Phillips, Jennifer Zamakus, Bryan Atkins, Paul Fitzwater, Brian Munzlinger, Jamilah Nasheed, and Martin Rucker, Respondents.

Petition for writ of habeas corpus denied, Motion for Preliminary Injunction-Emergency Motion; and Motion for Entry of Default Final Judgement overruled.



SC100108State ex rel. Curtis Newlon, Relator, vs. The Honorable Steven Ohmer, Respondent.

Petition for writ of mandamus denied.



SC100129State ex rel. Lamarr T. Harris, Relator, vs. The Honorable Rex M. Burlison, Respondent.

Petition for writ of prohibition denied.



MOTIONS

SC98086In re: Ryan P. Tyler, Petitioner.

Motion to withdraw petition for reinstatement sustained.



SC100076Laura Salamun, et al., Appellants, vs. The Camden County Clerk, et al., Respondents.

Motion to Consolidate with SC100083 overruled.



SC100083Gail Griswold, et al., Appellants, vs. Miller County, et al., Respondents.

Motion to consolidate with SC10076 overruled.







The next regular conference of Court en Banc will be on August 15, 2023.

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