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Minutes of March 5, 2024


Supreme Court of Missouri
en banc

March 5, 2024


OPINION BY RANSOM, J.

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

PRELIMINARY WRIT QUASHED. Powell, Fischer and Broniec, JJ., concur; Wilson, J., concurs in separate opinion filed; Russell, C.J., and Gooch, J., concur in opinion of Wilson, J.




OPINION BY GOOCH, J.

SC100369State ex rel. Lamar Lamont Woods, Gregory Ponray Crawford, Jessica Monique Jean Carter, Christopher Lamont Robbins, Tyrell Welch, Gennise Mackey, and Toron Mitchell, Relators, vs. The Honorable Catherine Dierker, Respondent.

PRELIMINARY WRIT QUASHED. All concur.





MOTIONS FOR REHEARING

SC100136In the Interest of: E.G.

Appellant's motion for rehearing overruled.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC100351State of Missouri, Respondent, vs. Eric J. DeValkenaere, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85232 denied.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD85232, denied.



SC100386State of Missouri, Respondent, vs. Keith Thomas Pilarski, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED112073, denied.



SC100405Sokol Zuko, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110988, denied.



SC100410Missouri Highways and Transportation Commission, Respondent, vs. Kenneth Zellers, Commissioner of Administration, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD86843 denied.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD86843 denied.



SC100411Kimberly Abram, et al., Respondents, vs. TitleMax of Missouri, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110631, denied.




SC100412Cortney Anderson, et al., Respondents, vs. TitleMax of MO, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110629, denied.




SC100413Cynthia Artega, et al., Respondents, vs. TitleMax of Missouri, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110625, denied.




SC100414Marketha Baker, et al., Respondents, vs. TitleMax of Missouri, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110628, denied.




SC100415Jeanette Beckermann, et al., Respondents, vs. TitleMax of Missouri, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110630, denied.




SC100416Mary Birmingham, et al., Respondents, vs. TitleMax of Missouri, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110632, denied.



SC100418Dea Bollin, et al., Respondents, vs. TitleMax of Missouri, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110624, denied.



SC100419Kiaela Bracy, et al., Respondents, vs. TitleMax of Missouri, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110626, denied.



SC100420Jamie Brizendine, et al., Respondents, vs. TitleMax of Missouri, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110633, denied.



SC100421Judith Brown, et al., Respondents, vs. TitleMax of Missouri, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110627, denied.



SC100424State of Missouri, Respondent, vs. Joshua J. Brown, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD37348, denied.



SC100426Custom Construction Solutions, LLC, and Cannon Design, Inc., Respondents, vs. B & P Construction, Inc., et al., Defendants, and HH St. Louis Railway L.P., and Gamma Real Estate Capital, LLC, Appellants, and Geotechnology, Inc., Trustees Services, Inc., and Concrete Strategies, LLC, Respondents.

Appellant Gamma Real Estate Capital, LLC's application for transfer from the Missouri Court of Appeals, No. ED111253 consolidated with ED111254, denied.



SC100427Phillip Weeks, Appellant, vs. St. Louis County, MO., City of Webster Groves, MO., Respondents, City of University City, MO., and Regional Justice Information Services Commission (REJIS), Defendants.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED111496, sustained and cause ordered transferred.




SC100428Jordan Tyrell Bush, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD37920, denied.



SC100429Theresa M. Barbero, Appellant, vs. City of Perryville Animal Control, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED112111, denied.



SC100430State of Missouri, ex rel. L.O., as next friend and biological mother of L.D., Relator, vs. The Honorable W. Ann Hansbrough, Circuit Judge, Circuit Court of Platte County, Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD86712, sustained and cause ordered transferred.



SC100435Terry McCroskey, Tom McCroskey, Brent McCroskey, Dwayne McCroskey, Cherie Hobson, Individually, and Cherie Hobson as Next friend for L.H., a minor, and Beth Murphy, as next friend for C.M., a minor, Respondents, vs. Rajinder Singh, Defendant, Balwinder Singh, et al., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD37797, denied.



SC100438In re the June E. Michael Living Trust, as Restated and Amended; Beverly Farm Foundation, Appellant, vs. M. Harvey Pines, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED111717, denied.



SC100440State of Missouri ex rel. Brittany Trexler, Relator, vs. The Honorable Scott A. Lipke, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED111729, sustained and cause ordered transferred.



SC100442Kurtis C. Watkins, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED111367, denied.



SC100443State of Missouri, Respondent, vs. Jerome Tolliver, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110522, denied.




SC100444State of Missouri, Respondent, vs. Stephen D. Turner, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD84901, denied.




SC100445Tammy Gion, Appellant, vs. Sansone Group, LLC, d/b/a Southfield Apartments, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED110973, denied.



SC100446In the Matter of: L.R.H.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED111511, denied.



SC100447Charlotte Moore, Appellant, vs. Southwestern Bell Telephone Company, et al., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED111470, denied.



SC100453GFS II, LLC, Appellant, vs. Janelle Carson, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD86185, denied.



SC100454Mark T. McCloskey, Appellant, vs. State of Missouri, Sheriff Vernon Betts, and Mayor Tishaura Jones, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED111639, denied.



SC100472Patrick Kucera, Appellant, vs. Missouri Secretary of State, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD85508, denied.




WRITS AND OTHER ORIGINAL PROCEEDINGS

SC100409State ex rel. Missouri Intergovernmental Risk Management Association, Relator, vs. The Honorable J. Hasbrouck Jacobs, Respondent.

Petition for writ of prohibition denied.



SC100422State ex rel. Bruce Dovin, Sarah Dovin, and BSAP LLC d/b/a Advance Pharmacy, Relators, vs. The Honorable Benjamin Lewis, Respondent.

Petition for writ of prohibition denied.



SC100425State ex rel. James Clay Waller, Petitioner, vs. Missouri Attorney General, Andrew Bailey, Respondent.

Petition for writ of habeas corpus denied.



SC100432State ex rel. Monsanto Company, Relator, vs. The Honorable Timothy Boyer, Respondent.

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




SC100349State ex rel. Randall Paul Abernathy, Petitioner, vs. Richard Adams, Respondent.

Petition for writ of habeas corpus denied.



SC100434State ex rel. Laura Marie Baldwin, Petitioner, vs. The Honorable Joshua Devine and Paul Wade, Respondents.

Petition for writ of mandamus denied.


SC100448State ex rel. City of Creve Coeur, Missouri, Relator, vs. The Honorable Ellen Ribaudo, Respondent.

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


SC100450State ex rel. Potosi Manor, Inc., Relator, vs. The Honorable Wendy Wexler Horn, Respondent.

Petition for writ of mandamus denied.



SC100456State ex rel. St. Luke's Episcopal-Presbyterian Hospitals, St. Luke's Des Peres Espiscopal-Presbyterian Hospital, and St. Luke's Health Corporation, Relators, vs. The Honorable Ellen Ribaudo, Respondent.

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



SC100480State ex rel. Eugene Ruble, Relator, vs. The Honorable Jason Sengheiser, Respondent.

Petition for writ of mandamus and prohibition denied.



MOTIONS

SC61750State of Missouri, Respondent, vs. Irving J. Berry, Appellant,
Appellant's motion to recall mandate overruled.







The next regular conference of Court en Banc will be on April 2, 2024.

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