Supreme Court of Missouri
en banc

April 26, 2011

OPINION BY RUSSELL, J.
SC91098	Kathleen Schmitz and Craig Ewing, Appellants/Cross-Respondents, vs. Great American Assurance Company a/k/a Great American Insurance, Respondent/Cross-Appellant.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. All concur.

OPINION BY BRECKENRIDGE, J.
SC90807	Ricky Cheyenne Ross, Appellant, vs. State of Missouri, Respondent.
	AFFIRMED. All concur.

MOTIONS FOR REHEARING
SC90732	In the Matter of Foreclosures of Liens for Delinquent Land Taxes by Action in Rem Collector of Revenue, and Lewis Mitchell Company, Respondents, vs. Mohammad Bhatti, Appellant.
	Appellant's motion for rehearing overruled. Respondent Lewis Mitchell Company's motion to dismiss appeal overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC91398	Lester Nokes, et al., Appellants, Norma Robinson, et al., Appellants, vs. HMS Host USA, LLC, et al., Respondents.
	Appellants' application for transfer prior to disposition from the Missouri Court of Appeals, No. WD73055 consolidated with WD73056, denied.

SC91439	Arthur Rogers and Norma Rogers, Husband and Wife, Respondents, vs. Angela M. Hester, Deceased, by Ann Mills, Defendant ad Litem, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30144 consolidated with SD30167, denied.

SC91498	Robert J. Simpson, Appellant, vs. Rowena A. Simpson, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED95036, sustained and cause ordered transferred.

SC91519	Eagle Star Group, Inc., Appellant, vs. David Marcus, Esq. and Berkowitz, Oliver, Williams, Shaw & Eisenbrandt, LLP, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD71622, denied.

SC91523	JAS Apartments, Inc., Appellant, vs. Mohamad Ali Naji, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD71403, sustained and cause ordered transferred.

SC91529	Steven and Ruth Mitchell, et al., Respondents/Cross-Appellants, vs. Residential Funding Company, et al., Appellants/Cross-Respondents.
	Appellants/Cross-Respondents Residential Funding Company, LLC and Homecomings Financial, LLC's application for transfer from the Missouri Court of Appeals, Nos. WD70210, WD70227, WD70244, and WD70263 (consolidated), denied. Appellant/Cross-Respondent Household Finance Corporation III's application for transfer from the Missouri Court of Appeals, Nos. WD70210, WD70227, WD70244, and WD70263 (consolidated), denied. Appellant/Cross-Respondent Wachovia Equity Servicing, LLC's application for transfer from the Missouri Court of Appeals, Nos. WD70210, WD70227, WD70244, and WD70263 (consolidated), denied.

SC91550	Charity Dawn Forester, Respondent, vs. Michael S. Clarke, M.D., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30105, denied.

SC91555	State of Missouri, Respondent, vs. Carl E. Luss, Jr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94337, denied.

SC91567	Shelter Mutual Insurance Company, Appellant, vs. Loyd Straw, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD30339, denied.

SC91576	Southern Missouri District Council of the Assemblies of God, Inc., Respondent, vs. Paul C. Kirk and Timbercreek Assembly of God, Inc., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD28999, denied.

SC91608	Western Taney County Fire Protection District, Appellant, vs. City of Branson, Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30668, denied.

SC91611	Chad Scott, Appellant, vs. State Farm Insurance Company, State Farm Fire and Casualty Company, and Jesse Scott, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94670, denied.

SC91618	State of Missouri, Respondent, vs. Sean M. Quick, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD71058, denied.

SC91619	In the Interest of T.J.G. and A.D.F., children under seventeen years of age, Greene County Juvenile Office, Respondent, vs. A.N.F., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, Nos. SD30558 and SD30559, denied.

SC91620	Office Supply Store.com, Respondent, vs. Kansas City School Board, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD71726, denied.

SC91622	State ex rel. Thomas Redmond, et al., Appellants, vs. State of Missouri, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD70836, denied.

SC91623	Concerned Citizens for Crystal City, et al., Appellants, vs. City of Crystal City, Missouri, et al., Respondents, and Wings Enterprises, Inc., Intervenor/Respondent.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED94135, denied.

SC91637	Oric Arnold, Respondent, vs. Lawrence E. Minger, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30452, denied.

SC91638	In the Interest of: T.C.N.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94743, denied.

SC91639	Bonnie Hargis, Appellant, vs. JLB Corporation d/b/a Golden Oak Lending, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94750, sustained and cause ordered transferred. Respondent's motion to strike application for transfer overruled.

SC91641	State of Missouri, Respondent, vs. Arthur Reed, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED93743, denied.

SC91642	Title Partners Agency, LLC, Respondent, vs. Devisees of the Last Will and Testament of M. Sharon Dorsey and Patrick Dorsey, Personal Representative, Defendants, and Patrick T. Dorsey, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED94942, denied.

SC91644	First Bank, Respondent, vs. The Annie-Joyce Group, LLC, and Byron R. Hayes, Appellants.
	Appellant Byron Hayes' application for transfer from the Missouri Court of Appeals, No. ED95034, denied.

SC91532	Frederick Spencer, Appellant, vs. State of Missouri, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72100, denied.

SC91647	Bruce Keaweehu, Appellant, vs. 7-Eleven, Inc., Respondent, and State of Missouri, Division of Employment Security, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30677, denied.

SC91648	In the Matter of Gene Wild Insurance Trust U.S. Bank, N.A., Respondent, vs. James H. Wild, Individually, and as Trustee of the Gene Wild Revocable Trust, Cottey College, and College of the Ozarks, Appellants, Katherine Alice Cunningham, and Laura Nance Cunningham, Respondents.
	Respondents Katherine Alice Cunningham and Laura Nance Cunningham's application for transfer from the Missouri Court of Appeals, Nos. SD30449, SD30457, and SD30459 (consolidated), denied. Breckenridge, J., not participating.

SC91652	Jesse V. Dorris, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30491, sustained and cause ordered transferred.

SC91654	In re the Marriage of: Stacey P. Cornella and Frank A. Cornella Stacey P. Cornella, Respondent, vs. Frank A. Cornella, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30316, denied.

SC91657	Ronald Michael, Appellant, vs. Treasurer, State of Missouri, as Custodian of the Second Injury Fund, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30365, denied.

SC91665	Zhouqun Iris Wei, Appellant, vs. Director of Revenue, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30465, denied.

SC91673	William Allen Young, Respondent, vs. Chasity L. Pitts, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD71794 consolidated with WD72124, denied.

SC91678	Tina Murray, Appellant, vs. Southwest Missouri Drug Task Force, Barry County, Missouri, and Sheriff Mick Epperly, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD30283, denied.

SC91679	Kathleen Kline, Appellant, vs. City of Kansas City, Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD72208, denied. Fischer, J., not participating.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC91544	State ex rel. R & K Excavation, Inc., Relator, vs. The Honorable Carolyn C. Whittington, Respondent.
	Petition for writ of prohibition denied.

SC91566	State ex rel. Benton County 911, Relator, vs. The Honorable John W. Sims, Respondent.
	Petition for writ of prohibition or, in the alternative, writ of mandamus denied.

SC91546	State ex rel. Ronald C. Clements, Petitioner, vs. Troy Steele, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC91587	State ex rel. Brian Bellon, Petitioner, vs. Larry Denny, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC91599	State ex rel. Rothman Furniture Stores, Inc., Relator, vs. The Honorable Colleen Dolan, Respondent.
	Petition for writ of prohibition denied.

SC91627	State ex rel. Will E. Clark, Sr., Petitioner, vs. William Burgess, Warden, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's request/motion for this Court to issue a Certificate of Probable Cause pursuant to 28 U.S.C. 2253 overruled.

SC91629	State ex rel. Shannon J. Rollins, Relator, vs. State of Missouri and Lori Fluegel, Respondents.
	Petition for writ of mandamus denied.

SC91536	State ex rel. Ronnie Randolph, Petitioner, vs. Dave Dormire, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for request of discovery overruled. Petitioner's motion for appointment of counsel overruled.

SC91606	State ex rel. Leron Hornaday and/or Levon Hornaday, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion/request for appointment of counsel overruled as moot.

SC91610	State ex rel. Jay Abbott, Relator, vs. State of Missouri, Respondent.
	Petition for writ of mandamus denied.

SC91616	State ex rel. Jeffery Scott, Petitioner, vs. State of Missouri and Dave Dormire, Superintendent, Respondents.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC91653	State ex rel. Brian Jones, Joe Sowersby, John Durbin, Robert Guy, Danny Bryan, Michael Hoffman, Rick Crowder, and Phillip Lang, Relators, vs. The Honorable David C. Dally, Respondent.
	Petition for writ of prohibition denied.

SC91626	State ex rel. Michael B. Robinson, Petitioner, vs. Terry Russell, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC91602	State ex rel. Earnest Lee Langston, Petitioner, vs. Dave Dormire, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC91669	State ex rel. Janet Candela, Petitioner, vs. Mike Kemna, Warden, and Missouri Board of Probation and Parole, Respondents.
	Petition for writ of habeas corpus denied.

SC91585	State ex rel. Crystal Pacheco, Relator, vs. Circuit Court of Greene County and Judge Henry Westbrooke, Respondents.
	Petition for writ of mandamus denied without prejudice pursuant to Rule 84.22.

Day - to - Day,


___________________________________
William Ray Price, Jr.
Chief Justice

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