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Minutes of October 29, 2019


Supreme Court of Missouri
en banc

October 29, 2019


OPINION BY FISCHER, J.

SC97623State ex rel. Key Insurance Company, Relator, vs. The Honorable Marco A. Roldan, Respondent.

PRELIMINARY WRIT QUASHED. Draper, C.J., Powell and Stith, JJ., concur; Wilson, J., dissents in separate opinion filed; Russell and Breckenridge, JJ., concur in opinion of Wilson, J.




APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC97692James Hicklin a/k/a Jessica Hicklin, Appellant, vs. Chris Koster, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81291, sustained and cause ordered transferred.



SC98038Villa Bella, LLC, Aandrea Carter, and The Carter Group, Inc., Appellants, vs. Vitaliano P. Rodas, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD81771, denied.



SC98040State of Missouri ex rel. Aaron Malin, Relator, vs. The Honorable Patricia S. Joyce, Judge of the Circuit Court, Cole County, Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD82689, denied.



SC98041Lisa Ann Ford and David Jacob Ford, Respondents, vs. Ford Motor Company, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81832, denied.



SC98043Jeanne H. Olofson, Appellant, vs. Scott W. Olofson, in his Capacity as Personal Representative of the Estate of Tom W. Olofson, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81882, sustained and cause ordered transferred.



SC98045

Franklin D. Allen, Appellant, vs. Atain Specialty Insurance Company, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81677, denied.



SC98046Cindy Lockhart, et al., Appellants, vs. Susan Carlyle, Respondent.

Appellant Cindy Lockhart's application for transfer from the Missouri Court of Appeals, No. WD81952, denied.



SC98048Brenda Dumler, et al., Respondents, vs. The Nationstar Mortgage, LLC, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81446, denied.



SC98049Javier Barker, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81452, denied.



SC98050Diana Lynn Heckadon, Personal Representative of the Estate of David Heckadon, Deceased, and Diana Lynn Heckadon, Appellants-Respondents, vs. Universal Underwriters Ins. Co., et al., Respondents-Appellants, Chad Franklin, Chad Franklin National Auto Sales North, LLC, and CFS Enterprises, Inc., Respondents-Appellants.

Appellants-Respondents' application for transfer from the Missouri Court of Appeals, No. WD81181 consolidated with WD81251, WD81259, WD81290, and WD81297, denied.



SC98051



State of Missouri, Respondent, vs. Emily Usnick, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD81263, denied.



SC98054Laura Collins, Respondent, vs. Melvin Collins, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81664, denied.



SC98056Carlina Rene Baldwin, Respondent, vs. Bobbie Denham, Jr., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35708, denied.



SC98055State of Missouri, Respondent, vs. Charles K. Lockridge, Appellant.

Appellant's amended application for transfer from the Missouri Court of Appeals, No. WD81222, denied.



SC98058In the Interest of: C.J.D., R.M.D., and I.S.D., Children Under Seventeen Years of Age, Greene County Juvenile Office, Respondent, vs. E.J.D., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35811 consolidated with SD35812 and SD35813, denied.



SC98065

In the Interest of: F.R.D.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106711, denied.



SC98075William Scott Sours, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35776, denied.



SC98084Jamie Hernandez, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106789, denied.



SC98088State of Missouri, Respondent, vs. Kane Carpenter, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81702, sustained and cause ordered transferred.



SC98090Eric Bode, Appellant, vs. Missouri Department of Corrections, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82034, denied.



SC98094Jason Hanley, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81864, denied.



SC98095Daniel Yee, Personal Representative in the Estate of Thic Lem Toy a/k/a Gong Ging Choi Toy, Appellant, vs. Sammy Chill Yim Choi and Seto Pui Yi Choi, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81756, denied.



SC98096Richard Dixson, Respondent, vs. Missouri Department of Corrections, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81804, denied. Powell, J., not participating.



SC98097Cenlar FSB and Martin Leigh PC, Respondents, vs. Anderson & Byrd, LLP, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81881, denied.



SC98099Coalition of Graduate Workers, Eric Scott, David L. Elliott, Joseph Dean Moore, and Doug Valentine, Respondents, vs. The Curators of the University of Missouri, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81978, denied.



SC98100

State of Missouri, Respondent, vs. Robert Steven Johnson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD80943, denied.



SC98101State of Missouri, Respondent, vs. Howard K. Chase IV, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD80881, denied.



SC98102State of Missouri, Respondent, vs. Destynie J. Wright, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81345, denied.



SC98103Aaron M. Dougherty, Sr., et al., Appellants, vs. The Missouri Department of Social Services/The Children's Division, et al., Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD82063, denied.



SC98107

State of Missouri ex rel. Matthew Becker, Franklin County Prosecuting Attorney, Relator, vs. The Honorable I. I. Lamke, Circuit Judge, Division II, Twentieth Judicial Circuit, 401 East Main Street, Union, Missouri, 63084, Respondent.

Respondent's amended application for transfer from the Missouri Court of Appeals, No. ED107981, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC97674

State ex rel. Travis Jonas, Petitioner, vs. Dean Minor, Respondent.

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



SC98047State ex rel. Michael Coleman, Relator, vs. The Honorable Michael Jamison, Respondent.

Petition for writ of mandamus denied.

Relator's motion to order circuit court to transfer SOAU report overruled as moot.



SC98061State ex rel. Bank of New York Mellon, Relator, vs. The Honorable K. Elizabeth Davis, Respondent.

Petition for writ of prohibition denied.



SC98062State ex rel. John Curran and John E. Curran, P.C., Relators, vs. The Honorable R. Michael Wagner, Respondent.

Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en banc within 30 days.



SC98067State ex rel. DTD HC, LLC; D & N, LLC; Norbert A. Bennett; and Donald T. Denz, Relators, vs. The Honorable Joseph Alfred Rathert, Respondent.

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



SC98068

State ex rel. Jason Putnam, Relator, vs. The Honorable Elizabeth Davis, Respondent.

Petition for writ of mandamus denied. Powell, J., not participating.



SC98070State ex rel. Director of Revenue, State of Missouri, Relator, vs. The Honorable Abe Shafer V, Respondent.

Petition for writ of prohibition denied.



SC98072State ex rel. Eager Road Associates, L.L.C., Relator, vs. The Honorable Brian H. May, Respondent.

Petition for writ of prohibition ordered treated as a petition for writ of mandamus and sustained. Preliminary writ ordered to issue returnable to Court en banc within thirty days.



SC98080State ex rel. Barnes-Jewish Hospital, Relator, vs. The Honorable Kristine Kerr, Respondent.

Petition for writ of prohibition denied.



SC98083State ex rel. Equis Hospitality Management, L.L.C., Relator, vs. The Honorable Nancy Watkins McLaughlin, Respondent.

Petition for writ of mandamus denied.



SC98092

State ex rel. Truckee Lee Green, Petitioner, vs. Kendra Ann Green, Respondent.

Petition for writ of mandamus and/or prohibition denied.



SC98093State ex rel. Charles Miller, M.D., LVI Missouri LLC, and Albert Monda, Relators, vs. The Honorable Mary E. Ott, Respondent.

Petition for writ of mandamus denied.



SC98098State ex rel. The Washington University and St. Louis Children's Hospital, Relators, vs. The Honorable Rex M. Burlison, Respondent.

Petition for writ of prohibition denied.



SC98104State ex rel. Tommy L. Fitzgerald, Petitioner, vs. Anne Precythe, Respondent.

Petition for writ of habeas corpus denied.



SC98110State ex rel. Landstar Ranger, Inc., Relator, vs. The Honorable Sandra C. Midkiff, Respondent.

Petition for writ of prohibition and/or mandamus denied. Breckenridge, J., not participating.



MOTIONS

SC97864In re: Vernan L. Pierce, Respondent.

Respondent's motion to set aside default disbarment order overruled.



SC98136State of Missouri, Respondent, vs. Andre J. Twitty, Petitioner.

Petitioner's motion to withdraw plea of guilty overruled without prejudice.







The next regular conference of Court en Banc will be on November 19, 2019.


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