Supreme Court of Missouri
en banc

November 25, 2014

OPINION BY TEITELMAN, J.
SC93915	Fenix Construction Company of St. Louis and Five Star Ready-Mix Concrete Company and Horstmeyer Enterprises, Inc., Appellants, vs. Director of Revenue, Respondent.
	AFFIRMED. All concur.

MOTIONS FOR REHEARING
SC93679	C. David Rouner and Alisha Hudson, Appellants, vs. Cari Renee Wise, Individually and as Co-Trustee of the K.R. Conklin Living Trust, and Carli Nicole Conklin, Individually and as Co-Trustee of the K.R. Conklin Living Trust, Respondents.
	Appellants' motion for rehearing or withdrawal of opinion and re-transfer overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC94414	Mary Ann Thomas, Appellant, vs. Amy K. Miller, M.D., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED98955, denied.

SC94429	Preston K. Watts, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75961, denied.

SC94456	State of Missouri ex rel. Chris Koster, Relator, vs. The Honorable Cynthia Suter, Associate Circuit Court Judge of Randolph County and Peggy Boots, Circuit Clerk Randolph County Circuit Court, Respondents.
	Respondent Honorable Cynthia Suter's application for transfer from the Missouri Court of Appeals, No. WD77163 consolidated with WD77188, denied.

SC94461	Xiaoyan Gu, Appellant, vs. Da Hua Hu, and ACE INA Insurance Company Canada, Respondents.
	Respondent ACE INA Insurance Company Canada's application for transfer from the Missouri Court of Appeals, No. ED100001, denied.

SC94464	Gateway Taxi Management, Appellant, vs. Division of Employment Security, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD76886, sustained and cause ordered transferred.

SC94465	Randolph County, Missouri, Appellant, vs. Tammy Moore-Ransdell, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76709, denied.

SC94470	In the matter of the verified application and petition of Liberty Energy (Midstates) Corp d/b/a Liberty Utilities to change its infrastructure system replacement surcharge, Missouri Public Service Commission, Respondents, vs. The Office of Public Counsel, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD77089, sustained and cause ordered transferred.

SC94475	Mike Schilling, Marla Marantz, Louella Harlamert, and Phyllis Netzer, Appellants, vs. Life360 Church of the Assemblies of God, Inc., Robert W. Buchanan, and Jennifer M. Buchanan, City of Springfield, Missouri; Brenda Cirtin, City Clerk, Bob Stephens, Mayor; Jeff Seifried, City Council Member, Cindy Rushefsky, City Council Member, Jerry Compton, City Council Member, Craig Fishel, City Council Member; Jan Fisk, City Council Member; Craig Hosmer, City Council Member; Doug Burlison, City Council Member; and Mike Carroll, City Council Member, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD32876, denied.

SC94476	Lynn Myers and Charles Booth, Appellants, Life360 Church of the Assemblies of God, Inc., Robert Wayne Buchanan and Jennifer Marie Buchanan, Respondents, vs. City of Springfield, Missouri; Brenda Cirtin; Bob Stephens, Mayor; Jeff Seifried, City Council Member; Cindy Rushefsky, City Council Member; Jerry Compton, City Council Member; Craig Fishel, City Council Member; Jan Fisk, City Council Member; Craig Hosmer, City Council Member; Doug Burlison, City Council Member; and Mike Carroll, City Council Member, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD32875, denied.

SC94488	Paul L. Pasternak, Appellant, vs. Denise M. Pasternak, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED100439, sustained and cause ordered transferred.

SC94490	In the Interest of B.L.S. and C.A.T.S. G.K.S., Appellant, vs. Greene County Juvenile Office, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD33118 and SD33119 (consolidated), denied.

SC94497	Collin and Courtney Jefferson, by and through their natural father and next friend, Eric Jefferson and the estate of Gloria Mitchell Moss, by and through its personal representative, Walter Moss, Appellant, vs. Missouri Baptist Medical Center and Amy Mosher, M.D. and Midwest Radiological Associates, P.C., Respondents.
	Respondent Missouri Baptist Medical Center's application for transfer from the Missouri Court of Appeals, No. ED99895, denied.

SC94498	State of Missouri, Respondent, vs. Steven J. Stafford, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED99866, denied.

SC94500	State of Missouri, Respondent, vs. Terron Millett, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100085, denied.

SC94501	M.A.H., Appellant, vs. Missouri Department of Social Services, Family Support Division, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100636, denied.

SC94503	State of Missouri, Respondent, vs. Demetrick Taylor, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100259, sustained and cause ordered transferred.

SC94514	State of Missouri ex rel. Chris Koster, Missouri Attorney General, Respondent, vs. Lewis R. Watkins, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD77061, denied.

SC94517	David N. Briggs, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76056, denied.

SC94519	Gigi Michelle Brickey, Respondent, vs. Walter Roy Brickey, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD74837, denied.

SC94520	National Council of Teachers Quality, Inc., Appellant, vs. Curators of the University of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76785, denied.

SC94521	Angela K. Hudson, et al., Appellants, vs. UMB Bank, N.A., Trustee of A.B. Hudson Testamentary Trust, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD77008, denied.

SC94523	Jeremy D. Beedle, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD32814, denied.

SC94525	Terrie L. Fuchs, Appellant, vs. Missouri Department of Revenue, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD77155, denied.

SC94526	State of Missouri, Respondent, vs. Christopher C. Claycomb, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76062, sustained and cause ordered transferred.

SC94528	Wade Wallis, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD77091, denied.

SC94529	Wayland D. Morrow, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76179, denied.

SC94531	Laron Swopes, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100081, denied.

SC94532	In the Interest of A.N.J., Z.D.M., Appellant, vs. Greene County Juvenile Office, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD33199, denied.

SC94535	Marlon G. Jackson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100319, denied.

SC94536	Kent Taylor, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100118, denied.

SC94537	Gary Dupont, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100298, denied.

SC94542	Ronald Kippenberger, Appellant, vs. Walgreen Company, et al., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100420, denied.

SC94543	Kenneth G. Charron, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100930, denied.

SC94502	Daniel W. Foster, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100693, denied.

SC94548	In re: Claim for benefits of Paul Howard, under the Missouri Employment Security Law, Claimant, vs. Joplin Stone Company, Respondent, and Missouri Division of Employment Security, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD33251, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC94495	State ex rel. Crystal D. Pacheco, Petitioner, vs. Steve Larkins, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC94504	State ex rel. Maurice Williams, Relator, vs. City of St. Louis, Medium Security Institution, Burton Barr and Richard Gray, Respondents.
	Petition for writ of mandamus denied without prejudice pursuant to Rule 84.22.

SC94505	State ex rel. Maurice Williams, Petitioner, vs. Jennifer Joyce, Circuit Attorney, Respondent.
	Petition for writ of replevin denied.

SC94522	State ex rel. Meecorp Capital Markets, LLC, Daniel Edrei and Michael Edrei, Relators, vs. The Honorable R. Craig Carter, Respondent.
	Petition for writ of prohibition denied.

SC94473	State ex rel. Larry Lee Coleman-Bey, Petitioner, vs. Jay Cassady, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for admissions overruled as moot.

SC94489	State ex rel. Samuel Lowe, Petitioner, vs. Terry Russell, Respondent.
	Petition for writ of habeas corpus denied.

SC94515	State ex rel. Robert Bell, Jr., Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22.

SC94524	State ex rel. Michael S. Coleman, Relator, vs. The Honorable Robert Schollmeyer, Special Judge, Cole County Circuit Court, and the Presiding Judge and Judge of the Missouri Court of Appeals, Western District, Chris Koster, Missouri State Attorney General, on behalf of each other and their employees, assistants and/or their associates, current and future, Respondents.
	Petition for writ of prohibition and/or mandamus and/or invocation of VAMR 91.06; VAMS 532.070 denied. Russell, C.J., not participating. Relator's motion to disqualify Chief Justice Mary Russell overruled. Russell, C.J., not participating.

SC94547	State ex rel. O'Reilly Automotive Stores, Inc., Relator, vs. The Honorable J. Dale Youngs, Respondent.
	Petition for writ of prohibition denied.

SC94559	State ex rel. Dennis L. Russell, Relator, vs. The Honorable James K. Journey, Respondent.
	Petition for writ of prohibition or, in the alternative, mandamus denied.

SC94496	State ex rel. Tavis Dean, Petitioner, vs. Michael Bowersox, Warden, Respondent.
	Petition for writ of habeas corpus denied.

MOTIONS
SC94418	In re: Eric Alexander Farris, Respondent.
	Respondent's motion to remand action to the Disciplinary Hearing Panel or, in the alternative, motion for Court to order counsel to conduct depositions of witnesses to perpetuate testimony to supplement the record or, in the alternative, motion for Court to take judicial notice of additional facts overruled.

SC94208	City of Aurora, Missouri, et al., Respondents/Cross-Appellants, vs. Spectra Communications Group, LLC d/b/a CenturyLink, et al., Appellants/Cross-Respondents.
	Respondents/Cross-Appellants' motion to strike Appellants/Cross-Respondents' brief or, in the alternative, motion to dismiss ordered taken with the case.

Day - to - Day,



____________________________________
Mary R. Russell
Chief Justice

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