Supreme Court of Missouri
en banc

November 3, 2020

OPINION BY FISCHER, J.
SC98416	State ex rel. Matthew Becker, Franklin County Prosecuting Attorney, Relator, vs. The Honorable Gael D. Wood, Respondent.
	PRELIMINARY WRIT MADE PERMANENT. Wilson, Powell and Breckenridge JJ., concur; Russell, J., dissents in separate opinion filed; Draper, C.J., and Stith, J., concur in opinion of Russell, J.

OPINION BY FISCHER, J.
SC98443	Di Gregorio Food Products, Inc., Respondent, vs. John Racanelli, d/b/a Racanelli's Cucina Pizza Express, Racanelli's Cucina, Racanelli's Delmar, Racanelli's Kirkwood, Racanelli's Fenton, and Racanelli's New York Pizzaria, Appellant.
	REVERSED AND VACATED. Wilson, Russell, Powell, Breckenridge and Stith, JJ., concur; Draper, C.J., dissents without opinion.

MOTIONS FOR REHEARING
SC97984	Christine Ann Lollar, Appellant, vs. Richard Dwain Lollar, Respondent.
	Appellant's motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC98611	Michele D. Ericson and Susan M. Olsen, Appellants, and Roland S. Keske, Plaintiff, vs. Rosenblum Goldenhersh, P.C., John J. Gazzoli, Jr., and Sean P. Clancy, Respondents, and Todd Keske and Karen A. Keske, Defendants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED108042, denied.

SC98619	Elad Gross, Appellant, vs. Michael Parson, et al., Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD83061, sustained and cause ordered transferred.

SC98622	Tonda Hill, Appellant, vs. Steven Freedman, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD82657 consolidated with No. WD82771, denied. Powell, J., not participating.

SC98660	Brown Trusts, Plaintffs; Susan Brown-Thill, James Cooper, Michael George, Theodore Brown and Emealia Brown, Respondents, vs. Brown Beneficiaries, Defendants, Richard L. Brown, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD83813, denied.

SC98661	Richard L. Brown, Appellant, vs. Susan L. Brown as Trustee of the Eugene D. Brown Marital Trust, the Eugene D. Brown GST Residuary Trust, and the Eugene D. Brown GST Marital Trust, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD83814, denied.

SC98665	In the Interest of: A.M. a/k/a A.D., Juvenile, Juvenile Officer, Respondent, vs. S.M.M., Appellant.
	sAppellant's application for transfer from the Missouri Court of Appeals, No. WD83215, denied.

SC98666	Dale D. Bookwalter, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD36258, denied.

SC98667	MILA Homes, LLC, Respondent, vs. Donald H. Scott and Carolyn Scott, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD82165, denied.

SC98671	Epice Corporation, Inc., Appellant, vs. The Land Reutilization Authority of the City of St. Louis, Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED108226, denied.

SC98673	Carolyn Holmes, Personal Representative for the Estate of Robert V. Holmes, Appellant, vs. Union Pacific Railroad Co., Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD82867, sustained and cause ordered transferred.

SC98674	Robert Ingham, et al., Respondents, vs. Johnson & Johnson, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED107476, denied.

SC98675	S.M.H., Respondent, vs. Eric Schmitt, Attorney General of the State of Missouri, and Sarah Steelman, Commissioner of Administration, State of Missouri, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD83050, sustained and cause ordered transferred.

SC98685	Peoples National Bank, N.A., Respondent, vs. Patricia Fish, Appellant, Brian Fish, et al., Defendants, vs. U.S. Bank, N.A., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED107584, denied.

SC98691	Lorie Lough and Cedar Park Development, LLC, Appellants, vs. Donna Powers and Bryan Powers, Respondents.
	Appellant Lorie Lough's application for transfer from the Missouri Court of Appeals, No. SD36763, denied.

SC98692	Dave Campbell and Catrenia Dawn Campbell, Appellants, vs. Woodland Lakes Trusteeship, Inc., Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED107912, denied.

SC98695	Victoria Frawley, Respondent, vs. Matthew J. Frawley, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD83397 consolidated with No. WD83442, denied.

SC98697	Richard C. Lehman and Michelle D. Koo, Respondents, vs. Automotive Investments, LLC, Donald M. Davis, and Michael Shanahan, Jr., Appellants.
	Appellant Michael Shanahan, Jr.'s application for transfer from the Missouri Court of Appeals, No. ED107864, denied.

SC98698	Rocky Price, Appellant, vs. Saint Francis Medical Center, Cape Anesthesia Group, Inc., Cliff C. Peda, M.D. and Julie Kuehle, CRNA, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED107605, denied.

SC98699	State of Missouri, Respondent, vs. Michael Duane Hancock, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD36022, denied.

SC98701	Brian L. McDaniel, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD36176, denied.

SC98723	Dawn Renee Furman, Respondent, vs. Board of Nursing Home Administrators, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD83385, denied.

SC98726	Michael Welsh, Respondent, vs. Kansas City Public Schools, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD83337, denied.

SC98737	Aaron M. Dougherty, Sr., et al., Appellants, vs. The Missouri Department of Social Services/The Children's Division, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD82133, denied.

SC98757	State of Missouri, Respondent, vs. Gary Ray Jolley, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD82754, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC98581	State ex rel. Trinity Industries, Inc. and Trinity Highway Products, LLC, Relators, vs. The Honorable Bryan L. Hettenbach, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en banc within thirty days.

SC98623	State ex rel. Ronnie Brown, Petitioner, vs. Stanley Payne, Respondent.
	Petition for writ of habeas corpus denied.

SC98646	State ex rel. Jerry Jenkins, Petitioner, vs. Eileen Ramey, Superintendent, Jefferson City Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC97855	In re: Marc W. Braun, Petitioner.
	Petition for reinstatement after discipline denied.

SC98676	State ex rel. Curtis A. Long, Petitioner, vs. Sherie Korneman, Respondent.
	Petition for writ of habeas corpus denied.

SC98682	State ex rel. Jennifer Kroll, Relator, vs. The Honorable Kevin Walden, Circuit Judge, 8th Judicial Circuit, Ray County, MO, Respondent.
	Petition for writ of mandamus denied.

SC98687	State ex rel. Joseph Gira, M.D. and Ophthalmology Consultants, LLC, Relators, vs. The Honorable Frederick Paul Tucker, Respondent.
	Petition for writ of prohibition denied.

SC98689	State ex rel. Curtis D. Mather, D.O., Relator, vs. The Honorable Kenneth Michael Hayden, Division II, Circuit Judge of the 26th Judicial Circuit, at Laclede County Missouri, Respondent.
	Petition for writ of mandamus denied.

SC98693	State ex rel. Jane Doe K.N., Relator, vs. The Honorable Jennifer M. Phillips, Respondent.
	Petition for writ of prohibition or, in the alternative, mandamus denied. Powell, J., not participating.

SC98700	State ex rel. Carmen E. Wood, (F/K/A Carmen E. Ready) an Individual and in her capacity as Trustee of the Donald J. Ready and Carmen E. Ready Revocable Living Trust dated November 19, 2009, Relator, vs. The Honorable Mark A. Powell, Respondent.
	Petition for writ of mandamus denied.

SC98702	State ex rel. Central Marketing Transport, LLC, Relator, vs. The Honorable Cory L. Atkins, Respondent.
	Petition for writ of prohibition denied.

SC98725	State ex rel. Churon Elam, Petitioner, vs. Richard Adams, Superintendent, Missouri Eastern Correctional Center, Respondent.
	Petition for writ of habeas corpus denied.

SC98748	State ex rel. Larry B. Dietz, Petitioner, vs. Michelle Buckner, Respondent.
	Petition for writ of habeas corpus denied.

SC98761	State ex rel. Johnson & Johnson, and Johnson & Johnson Consumer Inc., Relators, vs. The Honorable Rex M. Burlison, Respondent.
	Petition for writ of prohibition denied.

Day - to - Day,


____________________________________
George W. Draper III
Chief Justice

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