Supreme Court of Missouri
en banc

November 17, 2009

OPINION BY PRICE, C.J.
SC89936	Charles Robert Watson and Carolyn Watson, Respondents, vs. Robert K. Mense and Carolyn K. Mense, Appellants.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. All concur.

OPINION BY TEITELMAN, J.
SC89832	State of Missouri, Appellant, vs. John L. Richard, Respondent.
	REVERSED AND REMANDED. Price, C.J., Russell, Wolff, Breckenridge and Stith, JJ., concur; Fischer, J., concurs in separate opinion filed.

OPINION BY WOLFF, J.
SC89982	State ex rel. Luanne S. Unnerstall, Protectee, by Anna Leighton, her Conservator, Relator, vs. The Honorable John B. Berkemeyer, Respondent.
	WRIT MADE PERMANENT. All concur.

OPINION BY BRECKENRIDGE, J.
SC89840	Saint Louis University and Paulo Bicalho, M.D., Appellants, vs. Alice Geary, Individually and as Personal Representative of the Estate of Phillip Sgroi, Respondent.
	AFFIRMED. Price, C.J., Teitelman, Russell, Fischer and Stith, JJ., and Parrish, Sr.J., concur. Wolff, J., not participating.

OPINION BY FISCHER, J.
SC89671	State ex rel. Crown Power and Equipment Company, L.L.C., Relator, vs. The Honorable Gary E. Ravens, Respondent.
	WRIT MADE ABSOLUTE. Teitelman, Russell and Stith, JJ., concur; Wolff, J., concurs in separate opinion filed; Teitelman, J., concurs in opinion of Wolff, J.; Price, C.J., dissents in separate opinion filed; Breckenridge, J., concurs in opinion of Price, C.J.

OPINION BY STITH, J.
SC90085	Steve Ritchie and Anita Ritchie, Respondents, vs. Allied Property & Casualty Insurance Company, Appellant.
	AFFIRMED. Teitelman, Russell, Wolff, Breckenridge and Fischer, JJ., concur; Price, C.J., dissents in separate opinion filed.

MOTIONS FOR REHEARING
SC89849	In re: Larry D. Coleman, Respondent.
	Respondent's motion for rehearing and alternatively to modify and motion for abatement of costs overruled. Opinion modified on Court's own motion.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC90254	Patricia Sapp, Sheila Bennett, Christine Phillips and Arcie Sapp, Jr., Appellants, vs. Morrison Brothers Company and Eckelberry Service Co., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD68928, denied.

SC90258	Renaissance Leasing, LLC., et al., Appellants, vs. Vermeer Manufacturing Company, Vermeer Great Plains, Inc., Respondents.
	Appellants' amended application for transfer from the Missouri Court of Appeals, No. WD68929, sustained and cause ordered transferred. Appellant's motion for substitution of party sustained.

SC90307	Debra K. Battles, Appellant, vs. United Fire & Casualty Co., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69714, denied.

SC90331	State of Missouri, Respondent, vs. Mitchell L. Mosely, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69282, denied.

SC90367	M & K Chemical Engineering Consultants, Inc., Appellant, vs. Mallinckrodt, Inc., and Tyco Healthcare Retail Group, Inc., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED92278, denied.

SC90379	Cornelle D. Williams, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD67306, denied.

SC90383	Jay Purcell, Appellant, vs. Cape Girardeau County Commission, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED92213, sustained and cause ordered transferred.

SC90389	Estate of John R. Novogradac, by personal representative Denise Schmelzle, Respondent, vs. Sharo Shirshekan, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD69358, denied.

SC90391	Michael Members, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69552, denied.

SC90403	Michael Strup, Respondent, vs. Director of Revenue, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69508, sustained and cause ordered transferred.

SC90404	In re: Michael Fogle, Appellant-Respondent, vs. State of Missouri, Respondent-Appellant.
	Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD69618 consolidated with WD69619, denied.

SC90415	Miller's Classified Insurance Company, Appellant, vs. Aimee J. French, a minor, by and through her next friend, Susan K. French, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED92306, denied.

SC90416	Patricia Boyer, Appellant, vs. Stan Boyer, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91565, denied.

SC90420	State of Missouri, Respondent, vs. Jacob Montgomery Corwin, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29422, denied.

SC90421	State of Missouri, Respondent, vs. Velvet Dildine-Martin, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91617, denied.

SC90424	April Penberthy, Appellant, vs. Mineral Area Osteopathic Hospital and Laurence Lum, D.O., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED92111, denied.

SC90427	Jewish Center for Aged and JCA Support Co., Respondents, vs. BSPM Trustee, Inc., and PAMI Autumn, LLC, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED91965, denied.

SC90430	Rodney Carr, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29437, denied.

SC90436	State of Missouri ex rel. Missouri Office of the Public Counsel, Appellant, vs. Public Service Commission of the State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29278 and SD29308 (consolidated), denied.

SC90438	Kimberly A. Accurso, Respondent, vs. Amco Insurance Company and Mount Vernon Fire Insurance Company, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD70087, denied.

SC90439	Darryl Fields and Renee Fields, Appellants, vs. Millsap and Singer, P.C., Successor Trustee, and Wells Fargo Bank, N.A., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD70237, denied.

SC90441	Joe Bob Lake, Appellant, vs. Frank B.W. McCollum, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD66670, denied.

SC90442	D. R. Sherry Construction, Ltd., Respondent, vs. American Family Mutual Insurance Company, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD69631, sustained and cause ordered transferred. Fischer, J., not participating.

SC90443	State of Missouri, Respondent, vs. Blake D. McMilian, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD68123, denied.

SC90446	Michele Chambers, Respondent, vs. Harrah's North Kansas City, LLC, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD69487, denied.

SC90449	Twehous Excavating Company, Inc., Appellant, vs. L.L. Lewis Investments, L.L.C., et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD69820, denied.

SC90453	State of Missouri, Respondent, vs. Marvin Cotton, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED91528, denied.

SC90454	Robert Max Thornsberry, Respondent, vs. Thornsberry Investments, Inc., Appellant, and Lebanon Livestock Auction, LLC, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29348, denied.

SC90455	Adventure Properties, LLC, a Missouri limited liability corporation, Appellant, and Avis Rent-A-Car System, LLC, a Delaware limited liability corporation, Respondent, vs. Kingsway Properties, Inc., a Missouri corporation, Respondent, and George M. Eble, Jr., and Vickie Eble, husband and wife, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED92086, denied.

SC90457	Custom Hardware Engineering & Consulting, Inc., and David York, Appellants, vs. Assurance Company of America, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED91441, denied.

SC90458	In re the Marriage of: Gerald A. Hillis and Elizabeth M. Hillis. Gerald A. Hillis, Appellant, vs. Elizabeth M. Hillis, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD29268, sustained and cause ordered transferred.

SC90459	Christine Hernandez, Appellant, vs. Staffing Solutions, Inc., and Division of Employment Security, Respondents.
	Respondent Division of Employment Security's application for transfer from the Missouri Court of Appeals, No. ED92154, denied.

SC90472	State of Missouri, Respondent, vs. Michael A. Smith, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD14994, denied.

SC90482	American Family Mutual Insurance Company, Respondent, vs. Otis St. Clair, Personal Representative for the Estate of Montrell St. Clair, and Anastasia McNutt, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED92492, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC90352	State ex rel. Travis W. Gibson, Petitioner, vs. Jean Ann Johnson, Warden, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled. Petitioner's motion for default judgment overruled. Petitioner's motion for O.R. bond overruled.

SC90411	State ex rel. Carl Smith, Relator, vs. The Honorable Gary Witt, Respondent.
	Petition for writ of prohibition denied.

SC90409	State ex rel. John A. Worrall, Petitioner, vs. Dave Dormire, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled. Petitioner's request on the Court's own motion Court sua sponte to issue findings of fact and conclusions of law overruled. Petitioner's motion for show cause order overruled.

SC90428	State ex rel. John VanVacter, Petitioner, vs. Callaway County, Respondent.
	Petition for writ of habeas corpus denied.

SC90410	State ex rel. Darren Vaughn, Petitioner, vs. Dave Dormire, Warden, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's petition/motion for facts, finding and conclusion overruled.

SC90431	State ex rel. Four Seasons Marina Rentals, Inc. and Four Seasons Lakesites, Inc., Missouri corporations, Relators, vs. The Honorable Bernhardt C. Drumm, Jr., Respondent.
	Petition for writ of prohibition denied.

SC90434	State ex rel. Kasim Faruqi, Relator, vs. The Honorable David Lee Vincent, III, Respondent.
	Petition for writ of prohibition denied.

SC90435	State ex rel. Ricardo Elliott, Petitioner, vs. Troy Steele, Respondent.
	Petition for writ of habeas corpus denied.

SC90417	State ex rel. Larry C. Johnson, Petitioner, vs. David Dormire, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC90445	State ex rel. Mark A. Meyers and Joann Meyers, Relators, vs. The Honorable Edward Sweeney, Respondent.
	Petition for writ of prohibition denied.

SC90450	State ex rel. Javier P. Calleja, Petitioner, vs. Gary Stolzer, Respondent.
	Petition for writ of habeas corpus denied.

SC90464	State ex rel. Charles L. Ramsey, Relator, vs. State of Missouri, Respondent.
	Petition for writ of mandamus denied.

SC90470	State ex rel. Ashlen Whitman, Relator, vs. The Honorable Steven H. Goldman, Respondent.
	Petition for writ of prohibition denied without prejudice.

SC90475	State ex rel. Schuster Engineering, Inc., Relator, vs. The Honorable Michael T. Jamison, Respondent.
	Petition for writ of prohibition denied.

SC90469	State ex rel. Michael Lynn Beattie, Petitioner, vs. Larry Denney, Warden, Respondent.
	Petition for writ of habeas corpus denied.

SC90483	State ex rel. Consumers Insurance USA, Inc., Relator, vs. The Honorable David B. Mouton, Respondent.
	Petition for writ of mandamus denied.

SC90474	State ex rel. Michael Holman, Petitioner, vs. Larry Denney, Superintendent, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion to receive counsel overruled.

MOTIONS
SC63215	State of Missouri, Respondent, vs. Emmitt Lyle Fenton, Appellant.
	Appellant's motion to recall the mandate overruled.

SC90290	In re: John W. Zimmerman, Petitioner.
	Informant's motion to dismiss sustained.

SC89223	In re: Thomas M. Utterback, Petitioner.
	Petitioner's motion to allow filing of the motion for rehearing overruled.

SC89737	Beverly Enterprises-Missouri, Inc., d/b/a Glennon Place Nursing Center, et al., Appellants, Bethesda Long Term Care, Inc., Amicus Curiae, vs. Department of Social Services, Division of Medical Services, Respondent.
	Appellants' motion to recall the record on appeal and recall the mandate overruled. Appellants' motion for rehearing or to modify overruled.

SC90332	State of Missouri, Respondent, vs. Antoine Terry, Appellant.
	Appellant's motion to remand for new trial due to newly discovered evidence or, in the alternative, for a hearing on such evidence ordered taken with the case.

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