Supreme Court of Missouri
en banc

August 19, 2014

OPINION BY RUSSELL, C.J.
SC93769	Shelby E. Watson, Appellant, vs. Wells Fargo Home Mortgage, Inc., et al., Respondents.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. Breckenridge, Fischer and Wilson, JJ., concur; Draper, J., concurs in part and dissents in part in separate opinion filed; Stith and Teitelman, JJ., concur in opinion of Draper, J.

OPINION BY RUSSELL, C.J.
SC93951	Davis R. Conway and Sheri D. Conway, Appellants, vs. CitiMortgage, Inc. and Federal National Mortgage Association, Inc., Respondents.
	REVERSED AND REMANDED. All concur.

OPINION BY BRECKENRIDGE, J.
SC93157	Mark D. Vogl, Appellant, vs. State of Missouri, Respondent.
	REVERSED AND REMANDED. Russell, C.J., Stith, Draper and Teitelman, JJ., concur; Fischer, J., dissents in separate opinion filed; Wilson, J., dissents in separate opinion filed. Fischer, J., concurs in opinion of Wilson, J.

OPINION BY STITH, J.
SC93760	Mary Ellison, Arthur Fry, David Fry, and Susan Sleeper, Appellants/ Cross-Respondents, vs. J.D. Fry, Deceased, by Linda Fry, Trustee of the John Delbert Fry Revocable Intervivos Trust, et al., Respondents/Cross-Appellants.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. Russell, C.J., Breckenridge, Fischer, Draper and Teitelman, JJ., concur. Wilson J., not participating.

OPINION BY DRAPER, J.
SC92720	State of Missouri, Respondent, vs. Christopher L. Collings, Appellant.
	AFFIRMED. Russell, C.J., Breckenridge, Stith, Wilson and Teitelman, JJ., concur; Fischer, J., concurs in separate opinion filed.

OPINION BY DRAPER, J.
SC93878	Louis Edward Mallow, Appellant, vs. State of Missouri, Respondent.
	AFFIRMED. All concur.

OPINION BY TEITELMAN, J.
SC93379	Andro Tolentino, Appellant, vs. Starwood Hotels & Resorts Worldwide, Inc., et al., Westin Hotel Management, LP, Respondents.
	REVERSED AND REMANDED. All concur.

OPINION BY TEITELMAN, J.
SC93451	Carla Baker, Respondent, vs. Bristol Care, Inc., d/b/a Bristol Manor, and David Furnell, Appellants.
	AFFIRMED. Russell, C.J., Stith and Draper, JJ., concur; Wilson, J., dissents in separate opinion filed; Breckenridge and Fischer, JJ., concur in opinion of Wilson, J.

MOTIONS FOR REHEARING
SC93502	Ken and Janet Allen and Franklin Quick Cash, Respondents, vs. Continental Western Insurance Company, Appellants.
	Respondents' motion for rehearing overruled.

SC93756	John M. Rolwing, Appellant-Respondent, vs. Nestle Holdings, Inc., Respondent-Appellant.
	Appellant-Respondent's motion for rehearing and to modify opinion overruled. Opinion modified on Court's own motion.

SC93214	John Coomer, Appellant, vs. Kansas City Royals Baseball Corporation, Respondent.
	Respondent's motion for rehearing or modification of opinion overruled.

SC93698	John T. Impey, Appellant, vs. Missouri Ethics Commission, et al., Respondents.
	Respondents' motion to modify opinion overruled.

SC93543	Brian Nail, Appellant, vs. Husch Blackwell Sanders, LLP, Respondent.
	Appellant's motion for rehearing overruled. Breckenridge, J., not participating.

SC93591	Lawrence Mickey, Respondent, vs. BNSF Railway Company and Safeco Insurance Company of America, Appellants.
	Appellants' motion for rehearing overruled.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC94174	Doug A. Holmes, Respondent, vs. Amy F. Holmes, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD32396, denied.

SC94187	Kenneth G. Middleton, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75669, denied.

SC94188	Keith L. Barket, Appellant, vs. Land Clearance for Redevelopment Authority of the City of St. Louis, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100013, denied.

SC94198	Craig Herrington, Respondent, vs. Medevac Medical Response, Inc., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75618, denied.

SC94199	Todd C. Westergaard, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100063, denied.

SC94201	Taqwa Thompson, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75688, denied.

SC94239	Stephen A. Oliver, et al., Appellants-Respondents, vs. Ford Motor Credit Company, LLC, et al., Respondents-Appellants, Sheri Gerstner, Respondent.
	Appellants-Respondents' application for transfer from the Missouri Court of Appeals, No. WD75585 consolidated with WD75619, denied. Russell, C.J., not participating.

SC94242	David A. Kline, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76228, denied.

SC94243	State of Missouri, Respondent, vs. Deandre J. Key, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75596, denied.

SC94245	State of Missouri, Respondent, vs. James Patrick Reardon, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75841, denied. Fischer, J., not participating.

SC94247	Stacey L. Deane, Appellant, vs. Missouri Employers Mutual Insurance Company, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76508, denied.

SC94248	State ex rel. Ideker, Inc., Relator, vs. The Honorable Jack Grate, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD77031, denied.

SC94249	Stacy Skiles Minze, Respondent, vs. Missouri Department of Public Safety, et al., Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD76119, denied. Wilson, J., not participating.

SC94250	Jimmie Lee Taylor, Appellant, vs. The Bar Plan Mutual Insurance Company, et al., Respondents.
	Respondent The Bar Plan Mutual Insurance Company's application for transfer from the Missouri Court of Appeals, No. WD76380, sustained and cause ordered transferred. Fischer, J., not participating.

SC94251	Janet Hurst, Respondent, vs. Kansas City, Missouri School District, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76534, denied.

SC94252	State of Missouri, Respondent, vs. Jacob W. Book, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD32709, denied.

SC94253	Deborah Barkley, Appellant, vs. McKeever Enterprises, Inc. d/b/a Price Chopper, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75944, sustained and cause ordered transferred.

SC94254	Priscella Gilley, Appellant, vs. Missouri Public Entity Risk Management Fund, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76933, denied. Wilson, J., not participating.

SC94255	Robert C. Egan, Appellant, vs. Missouri State Board of Registration, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76287, denied.

SC94257	Concannon Plastic Surgery and Specialty Surgical Services, LLC, Appellants, vs. Vinod Gandhi Motel 6, Lambs Construction and Yogi Krupa, Inc. d/b/a Motel 6 East, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD76784, denied.

SC94258	Ericka J. Sauvain, Amy Leigh Sauvain, by Next Friend, Ericka J. Sauvain, and Bonnie S. Hughes, Respondents, vs. David H. Bowman, Jr., Defendant, Acceptance Indemnity Insurance Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76356, denied. Wilson, J., not participating.

SC94262	Christopher Estes, Appellant, vs. Cole County of Missouri, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76419, denied.

SC94263	Ndeye Marieme Ndiaye, Respondent, vs. Cheikh Ibra Seye, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76284, denied.

SC94264	State of Missouri, Respondent, vs. David R. Darr, Sr., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76044, denied.

SC94265	Clifton Lee Ray, Jr., Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75845, denied.

SC94266	Farm Bureau Town & Country Insurance Company of Missouri, Appellant, vs. James and Patricia Shipman, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. SD32416, denied. Russell, C.J., not participating.

SC94267	In re the Estate of: L.G.T., a Minor, A.D., Appellant, vs. N.R., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD32692, denied.

SC94268	Mark E. McGuire, Respondent, vs. Christian County and Missouri Association of Counties, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD32731, denied.

SC94270	Ethel McFarland, Appellant, vs. Robert Trame and Kilo Flynn Billingsley Trame & Brown, P.C., Respondents, and Bank of America NA, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED99669, denied.

SC94274	State of Missouri, Respondent, vs. Anthony W. Kalter, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD32125, denied.

SC94275	Captiva Lake Investments, LLC, a Missouri Limited Liability Company, and Cypress Condominium at the Lake of the Ozarks Association, Appellants, vs. Ameristructure, Inc., a Missouri Corporation, and Stephen J. Sacco, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED100569, denied.

SC94277	Charles K. Moore, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED99603, sustained and cause ordered transferred.

SC94278	State of Missouri, Respondent, vs. Raymon Denzmore, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED99468, denied.

SC94280	Charlotte Benton, Appellant, vs. Cracker Barrel Old Country Stores, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100309, denied.

SC94282	State of Missouri, Respondent, vs. Michael Sutherland, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED99778, denied.

SC94294	Emily Bolden, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100188, denied.

SC94295	State of Missouri, Respondent, vs. Andrew Luke Lemasters, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD32883, sustained and cause ordered transferred.

SC94297	Carl E. Smith and Margarita Smith, Appellants, vs. Great American Assurance Company, Gregory Heckert, and the Stolar Partnership, LLP, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD32604, denied.

SC94299	Vincent L. Bell, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76172, denied.

SC94300	In the Interest of: J.P., Appellant, vs. Juvenile Officer, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76175, denied.

SC94301	State of Missouri, Respondent, vs. Jeremiah F. McMillon, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED99696, denied.

SC94302	Robert Dungan, Appellant, vs. Fuqua Homes, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD77068, denied.

SC94303	State of Missouri, Respondent, vs. Eric D. Bratton, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76333, denied.

SC94304	Martha Delores Clark, Respondent, vs. Linda A. Hodges and Jimmie Hodges, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD76266, denied.

SC94305	Richard Brown, et al., Respondents, vs. Susan Brown-Thill, Appellant.
	Respondent Richard Brown's application for transfer from the Missouri Court of Appeals, No. WD76778, denied.

SC94307	Roger P. Karl, et al., Appellants-Respondents, vs. Sylvia Conner, et al., Respondents-Appellants.
	Respondents-Appellants' application for transfer from the Missouri Court of Appeals, No. WD75429 consolidated with WD75430, denied.

SC94309	Rita Wommack, Appellant, vs. Edward J. Grewach, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100348, sustained and cause ordered transferred.

SC94310	Valerie Naeger, Appellant, vs. Farmers Insurance Company, Inc., Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100012, denied.

SC94311	State of Missouri, Respondent, vs. Damion Neal, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED100058, denied.

SC94312	Portfolio Recovery Associates, LLC, Respondent, vs. Danny D. Neal, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED96209, denied.

SC94313	State of Missouri, Respondent/Cross-Appellant, vs. Elvis Smith, Appellant/Cross-Respondent.
	Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. ED99044 and ED99045 (consolidated), sustained and cause ordered transferred.

SC94314	State of Missouri, Respondent, vs. Jose F. Flores, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD75627, denied.

SC94315	In the Estate of Laura Downs, Deceased; James L. Rutter, Personal Representative, Respondent, vs. Eldon Bugg, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD76986, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC94238	State ex rel. Raymond Phillip Cross, Petitioner, vs. Jeff Norman, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22(a).

SC94240	State ex rel. Raymond Phillip Cross, Petitioner, vs. Jeff Norman, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22(a).

SC94205	State ex rel. Edward Burgdorf, Petitioner, vs. Troy Steele, Respondent.
	Petition for writ of habeas corpus denied.

SC94215	State ex rel. Stanley L. Williams, Petitioner, vs. Justin Paige, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled. Petitioner's motion for abandonment of appellate counsel overruled. Petitioner's "motion to Court" the Attorney General, claim regarding evidence of other crimes, claim regarding the exclusion of defense exhibits, claim regarding improper bolstering in the State's closing argument, claim regarding the State's characterization of Appellant as a liar overruled.

SC94291	State ex rel. Juan Johnson, Relator, vs. The Honorable J. Ronald Carrier, Respondent.
	Petition for writ of prohibition denied.

SC94289	State ex rel. Stanley A. Schell, Relator, vs. The Honorable Scott L. Bernstein, Respondent.
	Petition for writ of prohibition denied.

SC94286	State ex rel. Dennis L. Hatchett, Petitioner, vs. Michael Bowersox, Respondent.
	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22(a).

SC94284	State ex rel. Rodney Cutts, Petitioner, vs. James Hurley, Respondent.
	Petition for writ of habeas corpus denied.

SC94327	State ex rel. Billy Ray, Petitioner, vs. Jay Cassady, Respondent.
	Petition for writ of habeas corpus denied.

MOTIONS
SC93785	State of Missouri, Respondent, vs. Sylvester R. Sisco II, Appellant.
	Appellant's consolidated motion for remand or discharge overruled.

SC57512	State of Missouri, Respondent, vs. Jerry Lynn Parker, Appellant.
	Appellant's motion to recall the mandate overruled.

Day - to - Day,


____________________________________
Mary R. Russell
Chief Justice

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