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Minutes of April 3, 2018


Supreme Court of Missouri
en banc

April 3, 2018

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OPINION BY DRAPER, J.

SC96024Jack Alpert, Appellant, vs. State of Missouri, et al., Respondents.

AFFIRMED. Russell, Breckenridge and Stith, JJ., concur; Fischer, C.J., dissents in separate opinion filed; Wilson, J., dissents in separate opinion filed; Powell, J., concurs in opinion of Wilson, J.




OPINION BY DRAPER, J.

SC96516State ex rel. Joshua D. Hawley, Relator, vs. The Honorable Sandra Midkiff and Mary Marquez, Respondents.

WRIT MADE PERMANENT. All concur.




OPINION BY DRAPER, J.

SC96545Jason Bowers, Respondent, vs. Jessica Bowers, Appellant.

AFFIRMED. Wilson, Russell, Powell, Breckenridge and Stith, JJ., concur; Fischer, C.J., concurs in separate opinion filed.





OPINION BY BRECKENRIDGE, J.

SC95858State ex rel. Dr. Patrick Goldsworthy, Dr. Aston Goldsworthy, Dr. Patrick Goldsworthy D.C., P.C., Relators, vs. The Honorable James F. Kanatzar, Respondent.

WRIT MADE PERMANENT. All concur.





OPINION BY BRECKENRIDGE, J.

SC95976


and

SC95977
State ex rel. Church & Dwight Co., Inc., Relator, vs. The Honorable William B. Collins, Respondent,

and

State ex rel. Focus Workforce Management, Inc., et al., Relators, vs. The Honorable William B. Collins, Respondent.

WRITS MADE PERMANENT. All concur.




OPINION BY STITH, J.

SC96215Antioch Community Church, Respondent, vs. The Board of Zoning Adjustment of the City of Kansas City, Missouri, Appellant.

AFFIRMED. All concur.




OPINION BY STITH, J.

SC96333State of Missouri, Respondent, vs. Daniel D. Ajak, Appellant.

REVERSED. Draper, Russell and Breckenridge, JJ., concur; Powell, J., dissents in separate opinion filed; Fischer, C.J., and Wilson, J., concur in opinion of Powell, J.



MOTIONS FOR REHEARING

SC95877State of Missouri, Respondent, vs. Jeffrey L. Bruner, Appellant.

Appellant's motion for rehearing overruled.



SC96649In the Estate of: Joseph B. Mickels.

Appellant's motion for rehearing or, in the alternative, to modify opinion overruled. Opinion modified on Court's own motion.




SC96278Keith Meiners, Appellant, vs. State of Missouri, Respondent.

Appellant's motion for rehearing overruled.




SC96650State of Missouri, Respondent, vs. Thomas Oates, Appellant.

Appellant's motion for rehearing overruled.




SC96210Amie Wieland, Respondent, vs. Owner-Operator Services, Inc., Appellant.

Appellant's motion for rehearing and/or to amend opinion overruled.






APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC96867State of Missouri, Respondent, vs. Edward Hughes, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104884, sustained and cause ordered transferred.




SC96915Richard A. Carden and Rosalie P. Carden, Appellants, vs. HSBC Mortgage Services, Inc., Respondent.

Appellants' application for transfer prior to disposition from the Missouri Court of Appeals, No. SD35297, denied.

Appellant's motion to establish special master Missouri Supreme Court Rule 68.01 overruled as moot.




SC96928State of Missouri, Appellant, vs. Matthew M. Rumbaugh, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD35057, denied.




SC96932State of Missouri, Respondent, vs. Spencer Gabriel Salm, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD34684, denied.




SC96934State of Missouri, Respondent, vs. Antonio D. West, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79910, denied.




SC96935G.W.G., by and through his Next Friend J.D.G., and J.D.G., Respondent, vs. A.D.N., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104943, denied.




SC96944Veronica Wagner, Appellant, vs. Ulrich T. Wagner, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED105096, denied.




SC96948Michael K. Barrett, et al., Appellants, vs. Eric Greitens, Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD80837, denied.




SC96949Elsie Beck Glickert and Jen Rivenes Jensen, Plaintiffs, and Peter Sarandos, Appellant, vs. The Loop Trolley Transportation Development District, and The Loop Trolley Company, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED105527, denied.




SC96950Grand Juror Doe, Appellant, vs. Robert P. McCulloch, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED105181, denied.




SC96952

Friends of Responsible Agriculture, Respondent, Callaway Farrowing, LLC, Appellant, vs. Buddy Bennett, et al., Respondents.

Respondent Friends of Responsible Agriculture's application for transfer from the Missouri Court of Appeals, No. WD80350, denied.




SC96953State of Missouri, Respondent, vs. Niesha Hampton, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104920, denied.




SC96956Elaine DeRouin, Appellant, vs. Discover Bank, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED105664, denied.




SC96955Melissa V. Bennett, and Koach Baruch Frazier f/k/a Rebecca L. Frazier, Appellants, vs. St. Louis County, Missouri, and Peter Jay Krane, Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED105470, denied.




SC96957B.B., Appellant, vs. Methodist Church of Shelbina, Missouri, and Missouri Annual Conference of the United Methodist Church, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104969, denied.




SC96958

H.M.P., Respondent, vs. C.S.V., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED105012, denied.




SC96959Roxana Villalta de Rubio, Appellant, vs. Santos E. Rubio Herrera, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79933, denied.




SC96960Eldon Bugg, Appellant, vs. Mark Honey, William Marshall Hubbard, Cyril Gray, and Honey Law Firm, P.A., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD80480, denied.




SC96961Floyd Finch, Appellant-Respondent, vs. Bruce Wayne Campbell and Bruce Campbell Law Firm LLP, Respondents-Appellants

Appellant-Respondent's application for transfer from the Missouri Court of Appeals, No. WD80283 consolidated with WD80317, denied. Powell, J., not participating.




SC96962NutraPet Systems, LLC, Respondent, vs. Proviera Biotech, LLC, et al., Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. WD80416, denied.




SC96963



In the Interest of: T.R.A.-M., A.F.A., and A.J.A.; Juvenile Officer, Respondent, Department of Social Services, Children's Division, Respondent, vs. A.M.M., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD80694, denied.




SC96965State of Missouri ex rel. Missouri Automobile Dealers Association, et al., Respondents, vs. Missouri Department of Revenue and its Director and Tesla Motors, Inc., Appellants.

Respondents' application for transfer from the Missouri Court of Appeals, No. WD80331 consolidated with WD80335, denied.




SC96966State of Missouri, Respondent, vs. Charles Wysinger, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED105035, denied.




SC96967Christopher L. Jones, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD80191, denied.




SC96968Stacy Skiles Minze, Appellant, vs. Missouri Department of Public Safety, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79644, denied.




SC96969



Jessica Williams, Appellant, vs. Bayer Corp., et al., Respondents.

Respondent Bayer Corporation's application for transfer from the Missouri Court of Appeals, No. WD80238, denied.




SC96970State of Missouri, Respondent, vs. Travone Shaw, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79932, denied.




SC96973Cletus Greene, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED105282, sustained and cause ordered transferred.




SC96974State of Missouri, Respondent, vs. Terrell Perkins, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED105021, denied.




SC96976In the Interest of A.R.R. and D.A.M.R. Juvenile Officer, Respondent, vs. M.L.R., Sr. (Father), Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD80541 consolidated with WD80567, denied.





SC96971Patricia J. Ireton, Respondent, vs. Stanley C. Ireton, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED105394, denied.




SC96978In the Matter of the Care and Treatment of: J.D.B.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104442-01, denied.




SC96925Troy Knight, Appellant, vs. Missouri Board of Probation and Parole, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD80454, denied.




SC97012Shelter Mutual Insurance Company, Appellant, vs. Jennifer Lester, Abbigail Lester, and Daniel Craig, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD34956, denied.




SC97023Darice Teal, Appellant, vs. Missouri Department of Social Services, Family Support Division, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED105518, denied.




SC97034Michael T. Waller, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79771, denied.




WRITS AND OTHER ORIGINAL PROCEEDINGS

SC96926State ex rel. Mark Muzingo, Relator, vs. The Honorable James Van Amburg, Respondent.

Petition for writ of prohibition denied.




SC96929State ex rel. Daniel Ariens, et al., Relators, vs. The Honorable Christopher McGraugh, Respondent.

Petition for writ of prohibition denied.

Relators' motion for immediate stay of enforcement of December 27, 2017, order overruled as moot.



SC96920State ex rel. Lee Harrell, Petitioner, vs. Jeff Norman, Respondent.

Petition for writ of habeas corpus denied.




SC96930

State ex rel. Missouri-American Water Company, Relator, vs. The Honorable James Van Amburg, Respondent.

Petition for writ of prohibition denied.





SC96931State ex rel. Jean Peters-Baker, Relator, vs. The Honorable Bryan E. Round, Respondent.

Petition for writ of prohibition sustained. Preliminary writ of prohibition ordered to issue returnable to Court en banc in thirty days.




SC96933State ex rel. Camico Mutual Insurance Company, Relator, vs. The Honorable Patrick W. Campbell, Respondent.

Petition for writ of prohibition and motion for stay denied.




SC96954State ex rel. Julius Worthy, Petitioner, vs. Chantay Godert, Respondent.

Petition for writ of habeas corpus denied.




SC96824In re: Kenton M. Hall, Petitioner.

Petition for reinstatement after discipline overruled without prejudice.

Petitioner's motion to waive MPRE requirement for reinstatement overruled.




SC96977State ex rel. Cedar Crest Apartments, LLC and Peterson Properties, Inc. d/b/a The Peterson Companies, Relators, vs. The Honorable Jack Grate, Respondent.

Petition for writ of prohibition sustained. Preliminary writ of prohibition ordered to issue returnable to Court en banc in thirty days.




SC96980State ex rel. Tesse Carman, Relator, vs. The Honorable Jason A. Kanoy, Respondent.

Petition for writ of prohibition denied.




SC97019State ex rel. Kevin O. Smith, Petitioner, vs. Jay Cassady, Respondent.

Petition for writ of habeas corpus denied.





The next regular conference of Court en Banc will be on May 1, 2018.




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