Supreme Court of Missouri
en banc

January 27, 2004

OPINION BY PRICE, J.
SC85119	Leon V. Taylor, Appellant, vs. State of Missouri, Respondent.
	AFFIRMED. All concur.

OPINION BY LIMBAUGH, J.
SC85392	Eric Krugh and Joseph Krugh, Appellants vs. Don Hannah and Lake Ozark Construction Industries, Defendants, and Millstone Marina Service, L.L.C., Respondent.
	REVERSED AND REMANDED. All concur.

MOTIONS FOR REHEARING
SC85170	Missouri Bankers Association and Century Bank of the Ozarks, Appellants, vs. Director of the Missouri Division of Credit Unions, et al., Respondents.
	Motion for rehearing filed by Respondents Springfield Telephone Employees Credit Union and Missouri Credit Union System overruled.

SC85275	State Board of Registration for the Healing Arts, Appellant, vs. Edward W. McDonagh, D.O., Respondent.
	Appellant's motion for rehearing or modification of opinion overruled. Respondent's motion for rehearing overruled.

SC85538	In the Matter of the Care and Treatment of: Michael G. Norton, Appellant.
	Respondent's motion to modify concurring opinion overruled. Wolff, J., files modified separate concurring opinion.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC85353	Frank Palazzolo, Respondent, vs. Joe's Delivery Service, Inc., Employer, and Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81152, denied.

SC85714	Auto Owners (Mutual) Insurance Company, Respondent, vs. Sugar Creek Memorial Post No. 3976, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD62120, denied.

SC85715	Robert D. Herod and Paula J. Herod, Appellants, vs. Darrell Hindman, individually, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED82566, denied.

SC85716	Richard Bishop (Deceased), Employee, and George W. and Alice E. Wise, Respondents, vs. TLC Lines, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82257, denied.

SC85717	Ronald Heslop, II, Respondent, vs. Angeline Sanderson, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD62139, denied.

SC85718	Margaret Capell and Homer Capell, Respondents, vs. Charles Abbick, Jr., Appellant, and City of Kansas City, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62412, denied.

SC85719	Margaret Helderle, Respondent, vs. Nicholas Stephenson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82399, denied.

SC85721	Gregory L. Tanner, Deceased, et al., Respondents, vs. Crest Foam Corporation, a division of Leggett & Platt, Inc., and Continental Casualty Company/RSKCo., Appellants.
	Respondents' application for transfer from the Missouri Court of Appeals, No. SD25511, sustained and cause ordered transferred. Cause ordered retransferred to the Missouri Court of Appeals, Southern District, for reconsideration in light of Larry Hampton, Respondent, vs. Big Boy Steel Erection, Appellant, Liberty Mutual Insurance Company, Insurer, Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Additional Party, No. SC85456, (decided December 9, 2003).

SC85722	Boaz Rafaeli, Appellant, vs. Nancy Bauer, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82020, denied.

SC85723	Joann Elton, Respondent, vs. Marcellus D. Davis, II and Rhonda K. Davis, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD61987, denied.

SC85724	Joe Allison, Respondent, vs. Gene Tyson and B and N Construction, Defendants, Sarai Construction, Inc., Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD62098 consolidated with WD62195, denied.

SC85726	State of Missouri, Respondent, vs. Marcus A. Busey, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD60988, sustained and cause ordered transferred.

SC85732	Nike IHM, Inc., f/k/a Tetra Plastics, Inc., et al., Appellants, vs. Eugene Zimmerman, Assessor, St. Charles County, Missouri, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED82476, denied.

SC85735	State of Missouri, Respondent, vs. Randy T. Barks, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD25205, sustained and cause ordered transferred.

SC85738	State of Missouri, Respondent, vs. Rosie Kreidler, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD25377, denied.

SC85739	Cindy D. Smith, Appellant, vs. Timothy L. Smith, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED80725, denied.

SC85742	Curtis E. Pearman, Respondent, vs. Union Pacific Railroad Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81056, denied.

SC85746	Charles Bailey and Virgie Bailey, Appellants, vs. Cameron Mutual Insurance Company and Brown & James, P.C., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED82427, denied.

SC85747	Fernando Ibarra Maldonado, Respondent, vs. Gateway Hotel Holdings, L.L.C., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81381, sustained and cause ordered transferred.

SC85748	State of Missouri, Respondent, vs. Robert C. Partridge, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED81281, denied.

SC85749	James McKinney, et al., Respondents, vs. State Farm Mutual Insurance, Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD61948, denied.

SC85750	Lucent Technologies, Inc., Respondent, vs. Director of Revenue, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD62040, denied. Price, J., not participating.

SC85751	Kirk King, King Construction, Inc., and American Family Mutual Insurance Company, Respondents, vs. Continental Western Insurance Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61555, denied.

SC85752	Danielle McKinney, Respondent, vs. H.M.K.G. & C., Inc., d/b/a Club OX, d/b/a XO Club, Defendant, David Porter, d/b/a Fanny's Building Co., Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD62222, denied.

SC85755	Li Wilson, Appellant, vs. Missouri Commission on Human Rights, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62209, denied.

SC85756	Beth Ann Schwan, Appellant, vs. USAA Casualty Insurance Company, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82401, sustained and cause ordered transferred.

SC85757	Sharon Gauert, as the assignee in the interest of Phillip and Phyllis Collins, Appellant, vs. Chris-Leef General Agency, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61664, denied.

SC85758	Barbara J. Engeman, Respondent, vs. John M. Engeman and Vincent A. Engeman, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD61981 and WD62109, denied.

SC85759	State of Missouri, Respondent, vs. Juan Manuel Yepez, Jr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62086, denied.

SC85760	Patania Lasker, Respondent, vs. Clinton Johnson, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD61783, denied.

SC85761	Linda Lorraine Nace, Respondent, vs. Director of Revenue, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD62122, denied.

SC85762	William Herron, Appellant, vs. Gary Kempker and George Lombardi, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD62328, sustained and cause ordered transferred.

SC85763	Jones & Turner, Inc., and Woody Bogler Trucking Co., Respondents, vs. Elmer Senevey and Eric Senevey, d/b/a Elmer and Eric Senevey Construction Co., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED81853, denied.

SC85764	Dorothy E. Fischer, Respondent, vs. Robert D. Fischer, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82089, denied.

SC85765	State of Missouri, Respondent, vs. Michael Crawford, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82031, sustained and cause ordered transferred.

SC85766	State of Missouri, Respondent, vs. Brian J. Kinder, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82688, denied.

SC85767	Ronald Leon Dalrymple, Appellant, vs. St. Anthony's Medical Center, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82737, sustained and cause ordered transferred.

SC85768	St. John's Evangelical Lutheran Church, Ellisville, Respondent, vs. City of Ellisville, Missouri, et al., Appellants.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED82142, denied.

SC85769	Carrie Johnson, Respondent, vs. CX Roberson, Inc., Appellant, vs. Brown Bogan, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82248, denied.

SC85772	Kevin Miller, Appellant, vs. Rigsby's Professional Haircutters, Inc., and Division of Employment Security, Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED82858, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC85690	State ex rel. Jimmie Willyard, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied.

SC85727	State ex rel. Jonathan Birkman and Nicole Birkman, Relators, vs. The Honorable Jeff W. Schaeperkoetter, Respondent.
	Petition for writ of prohibition, or in the alternative, mandamus denied.

SC85729	State ex rel. Mark Shaffer, Petitioner, vs. Jim Moore, Superintendent, and State of Missouri, Respondents.
	Petition for writ of certiorari denied.

SC85734	State ex rel. Donald R. Allen, Petitioner, vs. William Burgess, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22(a).

SC85741	State ex rel. Caldwell Baker Company, Relator, vs. The Honorable Preston Dean, Respondent.
	Petition for writ of mandamus denied. Price, J., not participating.

SC85744	State ex rel. Aubra A. Houchin, D.O., Relator, vs. The Honorable Steve E. Ehlmann, Respondent.
	Petition for writ of mandamus denied.

SC85770	State ex rel. Greg Scher on Behalf of All Other St. Charles County Residents Similarly Situated, Relator, vs. Judges of the 11th Judicial Circuit, Respondents.
	Petition for writ of prohibition or in the alternative, petition for writ of mandamus denied without prejudice pursuant to Rule 84.22(a). Petitioner's motion for assignment of cause to expedited hearing docket overruled.

MOTIONS
SC85120	In the Interest of: P.L.O. and S.K.O., minor children.
	Appellant's motion for attorneys fees and expenses ordered taken with the case.

SC85504	Virgil A. McCormack and Sandra McCormack, Appellants-Respondents, vs. Capital Electric Construction Company, Inc., Respondent-Appellant.
	Respondent-Appellant's motion to remand to the Missouri Court of Appeals, Western District, sustained. Cause ordered transferred to the Missouri Court of Appeals, Western District. Limbaugh, J., not participating.

SC80717	State of Missouri, Respondent, vs. Charles W. Armentrout, III, Appellant.
	Appellant's pro se motion to recall the mandate overruled.

SC77439	State of Missouri, Respondent, vs. Willie Simmons, Appellant.
	Appellant's pro se motion to recall the mandate overruled. Appellant's pro se motion for appointment of counsel overruled.

SC85448	Rubin Weeks, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion to expand the record on appeal to include supplemental legal file of September 24, 2003, filed in SC85552, sustained. Limbaugh, J., not participating. Appellant's motion to supplement the record on appeal by inclusion of certain affidavits and exhibits sustained. Limbaugh, J., not participating.

SC85552	State of Missouri, Respondent, vs. Rubin R. Weeks, Appellant.
	Appellant's motion to supplement the record on appeal by inclusion of certain affidavits and exhibits sustained. Limbaugh, J., not participating.

Home | Supreme Court | Court of Appeals | Circuit Courts
Office of State Courts Administrator | Statewide Court Automation
Case.net | Court Opinions | Newsroom | Related Sites | Court Forms
Contact Us