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Minutes of March 2, 2021


Supreme Court of Missouri
en banc

CORRECTED MINUTES
March 2, 2021


OPINION BY DRAPER, C.J.

SC98327John Henry Rhoden and Dorothy Jean Winfield, Respondents, vs. Missouri Delta Medical Center, Appellant.

AFFIRMED. Breckenridge and Stith, JJ., concur; Powell, J., concurs in result in separate opinion filed; Wilson, J., dissents in separate opinion filed; Fischer, J., dissents in separate opinion filed; Russell, J., concurs in opinion of Powell, J.



OPINION BY STITH, J.

SC98409APLUX, LLC, and Paul & Ann Lux Associates, L.P., Respondents, vs. Director of Revenue, Appellant.

AFFIRMED IN PART; REVERSED IN PART; REMANDED. All concur.



OPINION BY FISCHER, J.

SC98303State of Missouri, Respondent, vs. Lamar Johnson, Appellant.

APPEAL DISMISSED. Wilson, Russell and Powell, JJ., concur; Draper, C.J., concurs in part and in result in separate opinion filed and concurs in opinion of Stith, J.; Stith, J., concurs in part and in result in separate opinion filed and concurs in opinion of Draper, C.J.; Breckenridge, J., concurs in opinion of Stith, J.





APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC98816Marlon Price and Michelle Price, Respondents, vs. Shirley Thompson, Respondent, and Young America Insurance Company, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83002, denied. Powell, J., not participating.



SC98823Italo R. P. Teran, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108350, denied.



SC98830Michael Vishion, Appellant, vs. Bethaney Meuret, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108607, denied.



SC98841State of Missouri, Respondent, vs. Brenda Thurmond, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108253, denied.



SC98847State of Missouri, Respondent, vs. Tyler J. Gates, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83104, sustained and cause ordered transferred.



SC98856State of Missouri, Respondent, vs. Samuel Jerry Whitaker, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD36011, sustained and cause ordered transferred.



SC98857417 Pet Sitting, LLC, Appellant, vs. Division of Employment Security, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83833, denied.



SC98859State of Missouri, Respondent, vs. Doryon Mason, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108428, denied.



SC98861Raymond Brovont, M.D., Appellant-Respondent, vs. KS-I Medical Services, P.A. and MO-I Medical Services, LLC, Respondents-Appellants.

Respondents-Appellants' application for transfer from the Missouri Court of Appeals, WD82544 consolidated with No. WD82552, denied.



SC98864State of Missouri, Respondent, vs. Dominique Duhart, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83339, denied.



SC98865Tenampa, Inc., et al., Appellants-Respondents, vs. William T. Bernard, et al., Respondents; Westport Ultra Properties, LLC, Respondent-Appellant.

Appellants-Respondents' application for transfer from the Missouri Court of Appeals, No. WD83226 consolidated with No. WD83243, denied.



SC98867State of Missouri, Respondent, vs. Larry W. Tarver, Jr., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD36215, denied.



SC98869The Golf Club of Wentzville Community Homeowners Association, Respondent, vs. Real Homes, Inc., Amirali Jabrani, Janet Jabrani, and Roy Jumps and Stephanie Jumps, Appellants.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED108554, denied.



SC98873Sally A. White, Respondent, vs. Clayton H. White, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108036, denied.



SC98874Ashlie S. Pinegar, Respondent, vs. Joshua I. Lordemann, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD36373, denied.



SC98877State of Missouri ex rel. Seth Schermerhorn, Relator, vs. The Honorable Michael Cordonnier, Respondent.

Relator's application for transfer from the Missouri Court of Appeals, No. SD36747, denied.



SC98878Troy Allen Rieth and Alicia Rieth, Appellants, vs. The Standard Fire Insurance Company, Respondent, and Stefan Michael Daly, Defendant.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD36655, denied.



SC98881In the Matter of Peggy Gonsalves, an incapacitated and disabled person.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD36795, denied.



SC98884Richard Aguilar, Respondent, vs. Geico Casualty Company, Appellant, and Patricia Hollandsworth, Defendant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83413, denied.



SC98889James P. Kahn, Appellant, vs. Triston Blackwell, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108947, denied.



SC98890Mary Pierce, Respondent-Appellant, vs. Mo-Kan Sheet Metal Workers Welfare Fund, Appellant-Respondent.

Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD83234 consolidated with No. WD83259, denied.



SC98892Johnny B. Stanton, Appellant, vs. Director of Revenue, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83551, denied.



SC98893Allen Byington, Appellant, vs. Barnes-Jewish St. Peters Hospital, Inc., et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108866, denied.



SC98894Steven Pinkerton, Respondent, vs. Technical Education Services, Inc., Appellant.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD83594, denied.



SC98895Larry Dwayne Ormsby, Appellant, vs. Central Mine Equipment Co., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD36576, denied.



SC98896Judith Ann Campbell, as Guardian and Conservator of Krista Molly Barnhart, Appellant, vs. Union Pacific Railroad Company; Richard Louis Alsbury and William Lamar Woodward, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83328, denied.



SC98897State of Missouri, Respondent, vs. Joseph T. Sousley, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82910, denied.



SC98898State ex rel. Martin C. Heck, Jr. and Victoria Heck d/b/a Pacific Mobile Manor, Respondents, vs. City of Pacific and City of Pacific Board of Zoning Adjustment, Appellants.

Respondents' application for transfer from the Missouri Court of Appeals, No. ED108730, denied.



SC98899State of Missouri, Respondent, vs. Trenton E. Forster, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED107837, denied.



SC98900Derik T. Davis, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83193, denied.



SC98901State of Missouri, Respondent, vs. Mark Dean-Tieron Hughes, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82504, denied.



SC98902Courtney Wiggins, Appellant, vs. Shirley J. Brennan, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD83428, denied.



SC98920St. Louis County, Respondent, vs. Janet Shanklin, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED108623, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC98834State ex rel. Darrell Tindle, Petitioner, vs. Dan Redington, Respondent.

Petition for writ of habeas corpus denied.



SC98911State ex rel. Donrico Holmes, Relator, vs. State of Missouri, Respondent.

Petition for writ of mandamus denied.



SC98921State ex rel. Jane Doe, Relator, vs. The Honorable Christopher McGraugh, Respondent.

Petition for writ of mandamus denied.



SC98926State ex rel. United Medical Investors Limited Partnership d/b/a Life Care Center of Grandview and Life Care Centers of America, Inc., Relators, vs. The Honorable Kevin Duane Harrell, Respondent.

Petition for writ of prohibition denied.



SC98932State ex rel. Theodist Lewis, Relator, vs. The Honorable David M. Byrn, Respondent.

Petition for writ of mandamus denied.






The next regular conference of Court en Banc will be on April 6, 2021.


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