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Minutes of February 19, 2008


Supreme Court of Missouri
en banc

February 19, 2008

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OPINION BY PRICE, J.
SC88437Maurice Gash and Nancy Gash, Appellants-Respondents, vs. Lafayette County and Lafayette County Commission, Respondents-Appellants.
VACATED IN PART AND AFFIRMED IN PART. Stith, C.J., Teitelman, Limbaugh, Russell, and Wolff, JJ., and Wood, Sp.J., concur. Breckenridge, J., not participating.



OPINION BY TEITELMAN, J.
SC88644R.L., Respondent, vs. State of Missouri Department of Corrections, Appellant.
AFFIRMED. All concur.



OPINION BY WOLFF, J.
SC88553State of Missouri, Respondent, vs. Shane A. Vorhees, Appellant.
REVERSED AND REMANDED. Stith, C.J., Teitelman, Limbaugh, Russell and Breckenridge, JJ., concur. Price, J., dissents in separate opinion filed.

















OPINION BY WOLFF, J.
SC88594Eleanor Thorson, Appellant, vs. Elizabeth Connelly, Ronald Palmer, and Betty Palmer, Respondents.
REVERSED AND REMANDED. All concur.





MOTIONS FOR REHEARING
SC87825State of Missouri, Respondent, vs. Ernest Lee Johnson, Appellant.
Appellant's motion for rehearing overruled. Opinion modified on Court's own motion. Breckenridge, J., not participating.



SC88456State ex rel. Raymond Bloomquist, D.O., Relator, vs. The Honorable Nancy L. Schneider, Respondent.
Respondent's motion for rehearing overruled.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC88967Stark Liquidation Company, Stark Nursery Company, and James Duffin, Respondents, vs. Florists' Mutual Insurance Company, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED87852, denied.



SC89016In the Estate of Barbara Shaw, Deceased. Stephen Earl Bennett, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD28456, sustained and cause ordered transferred.



SC89034Deanna Daughhetee Vinson, Appellant, vs. Ray Vinson, Jr., Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED88702, denied. Price, J., not participating.




SC89037State Board of Accountancy, Appellant, vs. Integrated Financial Solutions, L.L.C., Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD68035, sustained and cause ordered transferred.



SC89038State of Missouri, Respondent, vs. David Dublo, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. WD67202, denied.



SC89040State of Missouri ex rel. Jeremiah W. (Jay) Nixon, Attorney General, Appellant-Respondent, vs. Doyle Childers, Director of Missouri Department of Natural Resources, the Missouri Department of Natural Resources, Respondents-Appellants, Union Pacific Railroad Co., Respondent.
Appellant-Respondent's application for transfer from the Missouri Court of Appeals, No. WD66892 consolidated with WD67051, denied.



SC89043State of Missouri, Respondent, vs. Community Alternatives Missouri, Inc., d/b/a Turtle Creek Group Home, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD28046, sustained and cause ordered transferred.



SC89047State of Missouri, Respondent, vs. Gregory A. Norman, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD27594, denied.




SC89053State of Missouri, Respondent, vs. Keith Dernel Box, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD20713 and SD21322, denied.



SC89054Melissa Burke, Appellant, vs. Earl Hutto, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED89526, denied.



SC89062Allstate Insurance Company, Appellant, vs. Fadlalla Ibrahim and Donald Henke, Jr., Respondents.
Respondent Donald Henke, Jr.'s application for transfer from the Missouri Court of Appeals, No. ED89483, denied.



SC89063Richard Leonard, Respondent/Cross-Appellant, vs. Novacare, Inc., Appellant/Cross-Respondent, and Liberty Mutual Insurance Company, Appellant/Cross-Respondent, and Treasurer, as Custodian of the Second Injury Fund, Respondent.
Appellants/Cross-Respondents' application for transfer from the Missouri Court of Appeals, No. ED89426 (consolidated with ED89440), denied.



SC89067In re the Marriage of Maria A. Fritz and Michael A. Fritz Maria A. Fritz, Respondent, vs. Michael A. Fritz, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED89338, denied.




SC89072Harold A. Davis, Respondent, vs. U.S. Bank National Association, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED89430, denied.



SC89073Laurie Tobin, Appellant/Cross-Respondent, vs. Thomas W. Jerry, et al., Defendants, Foland, Wickens, Eisfelder, Roper & Hofer, P.C., Respondent/Cross-Appellant.
Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED88255 and ED88257, denied.



SC89075State of Missouri, Respondent, vs. Stacy M. Holmquest, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD66552, denied.



SC89077Herbert A. Graham, Appellant, vs. Father Michael McGrath, Roman Catholic Archdiocese of St. Louis, an unincorporated association, and Archbishop Justin Rigali, of the Archdiocese of St. Louis, MO., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED89168, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS
SC88971State ex rel. Westport Insurance Corporation, Relator, vs. The Honorable W. Stephen Nixon, Respondent.
Petition for writ of prohibition and/or mandamus denied.




SC88972State ex rel. Lexington Insurance Company, Relator, vs. The Honorable W. Stephen Nixon, Respondent.
Petition for writ of prohibition and/or mandamus denied.



SC88987State ex rel. Corinne Reif, Relator, vs. The Honorable Michael T. Jamison, Respondent.
Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc within thirty days.



SC88997State ex rel. John R. Carollo, Petitioner, vs. Michael Bowersox, Respondent.
Petition for writ of habeas corpus denied.



SC88999State ex rel. Kristan Standish, Petitioner, vs. Dana D. Thompson and the Missouri Board of Probation and Parole, Respondents.
Petition for writ of habeas corpus denied.

Petitioner's motion for temporary restraining order overruled as moot.



SC89012State ex rel. Joseph A. Nastasio, Petitioner, vs. State of Missouri, Respondent.
Petition for writ of habeas corpus denied.






SC89048State ex rel. Alan G. Symons, Relator, vs. The Honorable Michael J. Cordonnier, Respondent.
Petition for writ of prohibition and in the alternative mandamus denied.



SC89052State ex rel. Maurice Williams, Petitioner, vs. The Honorable Julian L. Bush, Respondent.
Petition for writ of habeas corpus denied as moot.

Respondent's motion to dismiss petition for writ of habeas corpus overruled as moot.



SC89056State ex rel. Laura M. Hall, Relator, vs. The Honorable Kelly J. Moorhouse, Respondent.
Petition for writ of prohibition denied.



SC89057State ex rel. Carolyn Burns, Relator, vs. The Honorable Kelly J. Moorhouse, Respondent.
Petition for writ of prohibition denied.



SC89058State ex rel. Ricky G. Arnold, Relator, vs. The Honorable William L. Syler, Respondent.
Petition for writ of mandamus denied.






SC89061In re: Rules and Procedures of the Twenty-Second Circuit.
Application to enforce approved local rules denied. Teitelman, J., not participating.



SC89070State ex rel. Brenda Blackmon and Jesse Blackmon, Relators, vs. The Honorable Randall Jackson, Respondent.
Petition for writ of prohibition and alternatively for writ of mandamus denied.

Relators' motion to require transcript of hearing of January 9, 2008, overruled as moot.



SC89071State ex rel. Sports City Aquisition Corporation d/b/a Sports City, Hilary Parmerlee and John Parmerlee, Relators, vs. The Honorable Marco Roldan, Respondent.
Petition for writ of prohibition denied.

MOTIONS
SC88497State of Missouri, Respondent, vs. Kenneth Baumruk, Appellant.
Appellant's motion requesting Court to take judicial notice of record in Appellant's previous direct appeal and record in the prior writ proceeding sustained.


SC84855State of Missouri, Respondent, vs. Ronnie C. Gaines, Appellant.
Appellant's motion to recall the mandate overruled.




SC88832Brian Wandersee and Advanced Cleaning Technologies, Inc., Respondents, vs. BP Products North America, Inc., Appellant.
Appellant's motion to dismiss for lack of jurisdiction overruled.

Appellant's motion to stay briefing schedule pending ruling on motion to dismiss for lack of jurisdiction overruled.



SC88925In re: Cornelius T. Ducey, Jr., Respondent.
Respondent's motion for extension of time to comply with Rule 5.27 overruled as moot.














Day - to - Day,


____________________________________
Mary R. Russell, Acting Chief Justice



The next regular conference of Court en Banc will be on March 18, 2008.

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