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Minutes of December 24, 2019


Supreme Court of Missouri
en banc

December 24, 2019


OPINION BY BRECKENRIDGE, J.

SC96276City of Aurora, Missouri, et al., Respondents/Cross-Appellants, vs. Spectra Communications Group, LLC, d/b/a CenturyLink, et al., Appellants/Cross-Respondents.

AFFIRMED IN PART; REVERSED IN PART; REMANDED. Draper, C.J., Wilson, Russell, Powell and Stith, JJ., concur; Fischer, J., concurs in result only.



OPINION BY BRECKENRIDGE, J.

SC96862City of Chesterfield, et al., Appellants, vs. State of Missouri, et al., Respondents.

AFFIRMED. Draper, C.J., Wilson, Russell, Powell and Stith, JJ., concur; Fischer, J., concurs in result only.




OPINION BY STITH, J.

SC97781David E. Roland, Respondent/Cross-Appellant, vs. St. Louis City Board of Election Commissioners, Jerry Hunter, Paul Maloney, Benjamin Phillips, Joseph Barbaglia, Marilyn Jobe, Leo G. Stoff, and Mary Wheeler-Jones, Appellants/Cross-Respondents.

AFFIRMED IN PART AND REVERSED IN PART. All concur.



OPINION BY FISCHER, J.

SC97721Dwight Tuttle, Appellant, vs. Dobbs Tire & Auto Centers, Inc., David Dobbs, and Dustin Dobbs, Respondents.

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



OPINION BY FISCHER, J.

SC97845State ex rel. Anheuser-Busch, LLC, Relator, vs. The Honorable Joan L. Moriarty, Respondent.

PRELIMINARY WRIT QUASHED. Wilson, Russell and Powell, JJ., concur; Draper, C.J., concurs in result only in separate opinion filed; Breckenridge and Stith, JJ., concur in opinion of Draper, C.J.




MOTIONS FOR REHEARING

SC97623State ex rel. Key Insurance Company, Relator, vs. The Honorable Marco A. Roldan, Respondent.

Relator's motion for rehearing overruled.




APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC97984Christine Ann Lollar, Appellant, vs. Richard Dwain Lollar, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106488, sustained and cause ordered transferred.



SC98156Richard A. Aguilar, Respondent, vs. Patricia Hollandsworth, Defendant, Geico Casualty Co., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82266 consolidated with WD82288, denied.



SC98179State of Missouri ex rel. Dan Patterson, Greene County Prosecuting Attorney, Relator, vs. The Honorable Calvin Holden, Thirty-First Judicial Circuit, Greene County, Missouri, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD35998, denied.



SC98181Karlos Culberson, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106873, denied.



SC98182Elizabeth A. Ruiz, Personal Representative of the Estate of Marcia A. Paul, Appellant, vs. The Bar Plan Mutual Insurance Company, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106926, denied.



SC98183State of Missouri, Respondent, vs. Dale L. Wolford, Appellant.

Appellant's amended application for transfer from the Missouri Court of Appeals, No. ED106522, denied.



SC98189William T. Wilburn, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106622, denied.



SC98191Ali Crawford, Appellant, vs. Ronald McDonald House Charities, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD36028, denied.



SC98192David Duesenberg, Appellant, vs. Pamela Carey Duesenberg, Defendant, and Robert Summers, et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED107713, denied.



SC98194Bates & Associates, Inc., Appellant, vs. Providence Bank and Vision Ventures, LLC, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED106955 consolidated with ED107279, denied.



SC98197Tony D. Jones, Appellant, vs. Missouri Department of Corrections, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82678, denied.



SC98198Jevrosima Sokanovic, Appellant, vs. Lodging Hospitality Management/Sheraton Westport and Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED107658, denied.



SC98199State of Missouri, Respondent, vs. Dale E. Cater, Jr., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35877, denied.



SC98200Holly N. Waters, Appellant, vs. Director of Revenue, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82376, denied.



SC98202Gregory Stiens, Appellant, vs. Missouri Department of Agriculture, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82219, denied.



SC98203Joshua C. Christopher, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82047, denied.



SC98206LCRA Holdings Corporation, Respondent, vs. Bank of Washington and Northside Regeneration, LLC, Appellants.

Appellant Bank of Washington's application for transfer from the Missouri Court of Appeals, No. ED107514, denied.



SC98207Eugene Henshaw, Deceased; Linda Henshaw, Appellant, vs. Vansant Mills Funeral Services, LLC and United Fire & Casualty Company, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD82480, denied.



SC98208Terence E. Porter, Jr., Appellant, vs. Santander Consumer USA, Inc., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED107161, denied.



SC98209State of Missouri, Respondent, vs. Stephen J. Hill, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD35777, denied.



SC98211Ronald Reynolds, Respondent, vs. Wilcox Truck Line, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81969, denied. Powell, J., not participating.



SC98212State of Missouri, Respondent, vs. Gilbert Garcia, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81687, denied.



SC98213Timothy T. McClendon, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD81572, denied.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC98123State ex rel. Christopher M. Kuehne, Petitioner, vs. State of Missouri, Respondent.

Petition for writ of mandamus denied.



SC98180State ex rel. Diego Montez Harmon, Petitioner, vs. Tara Tubbesing, NMPRC COO; Director of Mental Health; the Honorable Robert Koffman; Cooper County Prosecuting Attorney; the Honorable David Byrn; Jackson County Prosecuting Attorney; the Honorable Daniel Kellogg; Buchanan County Prosecuting Attorney; Missouri State Public Defender System; and Missouri Attorney General, Respondents.

Petition for writ of habeas corpus denied without prejudice pursuant to Rule 84.22(a).



SC98188State ex rel. Kevin Fields, Relator, vs. The Honorable Brian May, Respondent.

Petition for writ of prohibition denied.

Relator's motion to shorten time overruled as moot.



SC98154State ex rel. Larry L. Coleman-Bey, Petitioner, vs. Michelle Buckner, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion for default judgment pursuant to Missouri Supreme Court Rule 55.25(a) overruled.



SC98196State ex rel. Del Ray Draper, Relator, vs. The Honorable Charles H. McKenzie, Respondent.

Petition for writ of prohibition denied.



SC98205State ex rel. Mercy Hospitals East Communities d/b/a Mercy Urgent Care and Tina Valentine, NP, Relators, vs. The Honorable Stanley J. Wallach, Respondent.

Petition for writ of mandamus or, in the alternative, prohibition denied.



SC98214State ex rel. Rubin Rurie Weeks, Petitioner, vs. Stan Payne and Jim Hood, Mississippi Attorney General, Respondents.

Petition for writ of habeas corpus denied.



SC98215State ex rel. Gregory Shegog, Relator, vs. The Honorable Thomas C. Clark II, Respondent.

Petition for writ of prohibition denied.

Relator's motion to expedite overruled as moot.



SC98217State ex rel. Alexis Still, Relator, vs. The Honorable Michael T. Jamison, Respondent.

Petition for writ of prohibition denied.



SC98218State ex rel. Micah Booker, Relator, vs. The Honorable Marco A. Roldan, Respondent.

Petition for writ of mandamus denied.



SC98219State ex rel. Richard L. Brown, Relator, vs. The Honorable Mark A. Styles, Respondent.

Petition for writ of prohibition denied.








The next regular conference of Court en Banc will be on February 4, 2019.


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