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Minutes of August 13, 2013


Supreme Court of Missouri
en banc

August 13, 2013
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OPINION BY RUSSELL, C.J.

SC93026Columbia Casualty Company, Appellant, vs. Hiar Holding, L.L.C., and HMA Riverport L.L.C., and Karen S. Little, LLC, Individually and on Behalf of the Other Members of the Certified Class, as Assignees, Respondents.

AFFIRMED. All concur.



OPINION BY BRECKENRIDGE, J.

SC92851The Humane Society of the United States, Dogwood Animal Shelter, Inc., and Stray Rescue of St. Louis, Inc., Appellants, vs. State of Missouri and Missouri Department of Agriculture, Respondents.

AFFIRMED. All concur.



OPINION BY STITH, J.

SC90286State of Missouri, Respondent, vs. Lance C. Shockley, Appellant.

AFFIRMED. All concur.



OPINION BY DRAPER, J.

SC92853St. Charles County, Missouri, Appellant, vs. Director of Revenue, Respondent.

AFFIRMED. All concur.




MOTIONS FOR REHEARING

SC93047Robert Brian Bone, Respondent, vs. Director of Revenue, Appellant.

Respondent's motion for rehearing overruled.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC93347Progressive Northwestern Insurance Company, Appellant, vs. Patricia Talbert, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD32210, denied.



SC93376Stephen Smith, Deceased, Appellant, vs. Capital Region Medical Center, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD75078, denied. Russell, C.J., and Fischer, J., not participating.



SC93379Andro Tolentino, Appellant, vs. Starwood Hotels & Resorts Worldwide, Inc., et al., Westin Hotel Management, LP, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD75115, sustained and cause ordered transferred.



SC93410Jamison Electric, LLC, Appellant, vs. Dave Orf, Inc., d/b/a Orf Construction, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED98710, denied.


SC93417Coin Acceptors, Inc., Appellant, vs. Haverstock, Garrett & Roberts, LLP, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED98702, denied.



SC93421Ricky J. Huey, Appellant, vs. Gary Meek, D.C., d/b/a Meek Chiropractic, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD32286, denied.



SC93444Graves M. Sandford, et al., Appellants, vs. Providence Bank, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD75593, denied.



SC93445Greg Page, et al., Appellants, vs. Luke Scavuzzo, et al., Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD75337, denied.



SC93452State of Missouri, Respondent, vs. Calvin A. Boswell, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD74076, denied. Fischer, J., not participating.



SC93274Stephen Payton, Appellant, vs. Union Pacific Railroad Company, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED97480, denied.



SC93471Melody Frye, Respondent, vs. Ronald J. Levy, Director, State of Missouri, Division of Social Services, Children's Division, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD32307, sustained and cause ordered transferred.



SC93497Donald J. Meier and Kathleen Meier, Appellants/Cross-Respondents, vs. Jonathan D. Schrock, Respondent, and David E. Schrock, Respondent/Cross-Appellant.

Appellants/Cross-Respondents' application for transfer from the Missouri Court of Appeals, No. ED98728, denied.



SC93499Van Wilson, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED98578, denied.



SC93502Ken and Janet Allen and Franklin Quick Cash, Respondents, vs. Continental Western Insurance Company, Appellants.

Respondents' application for transfer from the Missouri Court of Appeals, No. ED99111, sustained and cause ordered transferred.



SC93510State of Missouri, Respondent, vs. Darnell Duff, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED98116, denied.



SC93336Harrison H. Strable, Jr., Appellant, vs. Union Pacific Railroad Co., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED97849, denied.



SC93535Susan Delacroix, et al., Respondents/Cross-Appellants, vs. Doncasters, Inc., Appellant/Cross-Respondent.

Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED97375, denied.



SC93536John J. Smith, Appellant, vs. Lora J. Smith, Respondent.

Appellant's application for transfer prior to opinion from the Missouri Court of Appeals, No. ED99868, denied.



SC93430In the matter of: K.S. and L.S., Appellants, vs. J.D., Minor Child, D.D. and M.C., Respondents.

Appellant K.S.'s application for transfer from the Missouri Court of Appeals, No. ED99115, denied.



SC93546State of Missouri, Respondent, vs. Dino Chavez Anderson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD74840, denied.



SC93549Saxony Lutheran High School, Inc., Respondent, vs. Missouri Department of Natural Resources, Missouri Land Reclamation Commission, and Strack Excavating, LLC, Appellants.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED99038 (consolidated with ED99105), denied.



SC93551Mark R. Rosenberg, Appellant, vs. Burton H. Shostak and Moline & Mehan, LLC, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED98219, denied.



SC93552Earl Ringo, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED98922, denied.



SC93554Jumbosack Corporation, Appellant, vs. Bob Buyck, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED98134, denied.



SC93555State of Missouri, Respondent, vs. Kartez Hardin, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED98250, sustained and cause ordered transferred.



SC93566Kevin P. Kennedy, Respondent, vs. Safeco Insurance Company of Illinios, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD32345, denied.




WRITS AND OTHER ORIGINAL PROCEEDINGS

SC93457State ex rel. Dale Ogletree and Scott Kidwell, Relators, vs. The Honorable R. Craig Carter, Respondent.

Petition for writ of prohibition denied.



SC93402State ex rel. Gary L. Skibo, Petitioner, vs. Rhonda Pash, Respondent.

Petition for writ of habeas corpus denied.



SC93472State ex rel. Nikolaus Schuetz, Billy Johnson, and Diebold, Inc., Relators, vs. The Honorable James F. Kanatzar, Respondent.

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



SC93476State ex rel. Tasha Cleggett, Relator, vs. The Honorable Peggy Stevens McGraw, Respondent.

Petition for writ of prohibition denied.




SC93068In re: Derrick Reuben Williams, Sr., Petitioner.

Petition for reinstatement after discipline denied.




SC93498State ex rel. Mark J. Travis and Lindsee D. Travis, Relators, vs. The Honorable Gloria Clark Reno, Respondent.

Petition for writ of prohibition denied.




SC93462State ex rel. Albert G. Turner, Petitioner, vs. Michael Bowersox, Warden, Respondent.

Petition for writ of habeas corpus denied.




SC93515State ex rel. Hy-Vee, Inc., Relator, vs. The Honorable Jack Grate, Respondent.

Petition for writ of prohibition denied.



SC93516State ex rel. Schwarz Pharma, Inc., n/k/a UCB, Inc., Relator, vs. The Honorable David L. Dowd, Respondent.

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



SC93517State ex rel. Schwarz Pharma, Inc., n/k/a UCB, Inc., Relator, vs. The Honorable David L. Dowd, Respondent.

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



SC93520State ex rel. Schwarz Pharma, Inc., n/k/a UCB, Inc., Relator, vs. The Honorable David L. Dowd, Respondent.

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



SC93521State ex rel. Schwarz Pharma, Inc., n/k/a UCB, Inc., Relator, vs. The Honorable David L. Dowd, Respondent.

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



SC93522State ex rel. Schwarz Pharma, Inc., n/k/a UCB, Inc., Relator, vs. The Honorable David L. Dowd, Respondent.

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



SC93523State ex rel. Schwarz Pharma, Inc., n/k/a UCB, Inc., and Mutual Pharmaceutical Company, Inc., Relators, vs. The Honorable David L. Dowd, Respondent.

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



SC93524State ex rel. Schwarz Pharma, Inc., n/k/a UCB Inc., Relator, vs. The Honorable David L. Dowd, Respondent.

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



SC93525State ex rel. Wyeth LLC, et al., Relators, vs. The Honorable David L. Dowd, Respondent.

Petition for writ of prohibition denied.



SC93526State ex rel. Wyeth LLC, et al., Relators, vs. The Honorable David L. Dowd, Respondent.

Petition for writ of prohibition denied.



SC93527State ex rel. Wyeth LLC, et al., Relators, vs. The Honorable David L. Dowd, Respondent.

Petition for writ of prohibition denied.



SC93528State ex rel. Wyeth LLC, et al., Relators, vs. The Honorable David L. Dowd, Respondent.

Petition for writ of prohibition denied.




SC93529State ex rel. Wyeth LLC, et al., Relators, vs. The Honorable David L. Dowd, Respondent.

Petition for writ of prohibition denied.




SC93530State ex rel. Wyeth LLC, et al., Relators, vs. The Honorable David L. Dowd, Respondent.

Petition for writ of prohibition denied.




SC93531State ex rel. Wyeth LLC, et al., Relators, vs. The Honorable David L. Dowd, Respondent.

Petition for writ of prohibition denied.




SC93532State ex rel. Morgan Keegan & Company, Inc., Relator, vs. The Honorable Patricia Joyce, Respondent.

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



SC93512State ex rel. Daniel W. Coffman, Relator, vs. Tom Villmer, Respondent.

Petition for original writ denied.




SC93507State ex rel. Kevin J. Brown, Petitioner, vs. Dave Dormire, Respondent.

Petition for writ of habeas corpus denied.




SC93505State ex rel. Jim Ryan, Petitioner, vs. Jeff Norman and State of Missouri, et al., Respondents.

Petition for writ of habeas corpus denied.




SC93508State ex rel. Reginald Lee Nicholas, Petitioner, vs. Jeff Norman, Respondent.

Petition for writ of habeas corpus denied.




MOTIONS

SC93443Terrance Johnson, Appellant, vs. State of Missouri, Respondent.

Appellant's motion for leave to file application for transfer out of time overruled.



SC93195City of Kansas City, Missouri, Respondent, vs. Karen Chastain, et al., Appellants.

Respondent's motion to strike portions of Appellants' substitute brief overruled.






The next regular conference of Court en Banc will be on October 1, 2013.



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