Minutes of April 4, 2017

OPINION BY BRECKENRIDGE, C.J.
SC95764	State ex rel. William Fleming, Relator, vs. The Missouri Board of Probation and Parole, Respondent.

	RELIEF ORDERED. Stith, Draper and Russell, JJ., concur; Fischer, J., dissents in separate opinion filed; Wilson, J., dissents in separate opinion filed.

OPINION BY FISCHER, J.
SC95843	Owners Insurance Company, Appellant, vs. Vicki Craig and Chris Craig, Respondents.

	REVERSED AND REMANDED. Breckenridge, C.J., Stith, Wilson and Russell, JJ., concur; Draper, J., dissents in separate opinion filed.

OPINION BY DRAPER, J.
SC95619	State ex rel. Charles Zimmerman, Relator, vs. The Honorable David Dolan, Respondent.

	PRELIMINARY WRIT MADE PERMANENT. Breckenridge, C.J., Stith and Russell, JJ., concur; Wilson, J., concurs in separate opinion filed; Fischer, J., concurs in opinion of Wilson, J.

OPINION BY WILSON, J.
SC95783	State ex rel. Anthony W. Bowman, Relator, vs. The Honorable Timothy W. Inman, Respondent.

	PRELIMINARY WRIT MADE PERMANENT. Breckenridge, C.J., Fischer, Stith, Draper and Russell, JJ., concur.

OPINION BY WILSON, J.
SC95865	First National Bank of Dieterich, f/k/a First State Bank of Red Bud, Respondent, vs. Pointe Royale Property Owners' Association, Inc., Appellant.

	APPEAL DISMISSED. Breckenridge, C.J., Fischer, Stith, Draper and Russell, JJ., concur.

MOTIONS FOR REHEARING
SC95358	Franklin Allen, Respondent, vs. Wayne Bryers, Defendant, Atain Specialty Insurance Company, Appellant.

	Respondent's motion to modify or alternative motion for rehearing overruled. Appellant's motion for rehearing and/or alternative motion to modify overruled. Opinion modified on the Court's own motion.


SC95532	Charles & Mary Harter, Appellants, vs. Director of Revenue, Respondent.

	Appellants' motion for rehearing overruled.


SC95785	TracFone Wireless, Inc., Appellant, vs. Director of Revenue, Respondent.

	Appellant's motion to modify opinion overruled. Opinion modified on the Court's own motion.

SC95514	State ex rel. Norfolk Southern Railway Company, Relator, vs. The Honorable Colleen Dolan, Respondent.

	Respondent's motion for rehearing overruled. Respondent's motion to stay ruling on motion for rehearing overruled.


SC95451	Richard S. Mercer, Appellant, vs. State of Missouri, Respondent.

	Opinion modified on the Court's own motion.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC95805	Amber R. Miller, Appellant, vs. State of Missouri, Respondent.

	Respondent's application for transfer from the Missouri Court of Appeals, No. ED103323, sustained and cause ordered transferred.


SC96095	State of Missouri, Respondent, vs. Bryan M. Pierce, Appellant.

	Appellant's application for transfer from the Missouri Court of Appeals, No. WD78739, sustained and cause ordered transferred.


SC96164	Terry Blankenship, Appellant, vs. Old Missouri Mutual Insurance Company, f/k/a Nixa Farmers Mutual Insurance Company, Respondent.

	Respondent's application for transfer from the Missouri Court of Appeals, No. SD34312, denied.


SC96170	Douglas Lee Strosnider, Appellant, vs. State of Missouri, Respondent.

	Appellant's application for transfer from the Missouri Court of Appeals, No. SD34299, denied.


SC96188	Susan Gall, et al., Respondents, vs. Russell E. Steele, Appellant, Kristie H. Swaim, Respondent.

	Appellant's application for transfer from the Missouri Court of Appeals, No. WD79820, sustained and cause ordered transferred.


SC96195	Sherry Spence, Respondent, vs. BNSF Railway Company, Appellant.

	Respondent's application for transfer from the Missouri Court of Appeals, No. SD34100, sustained and cause ordered transferred.

SC96202

State of Missouri, Respondent, vs. Ann M. Metternich, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD79253, sustained and cause ordered transferred.


SC96206	State of Missouri, Respondent, vs. Marion Clyde Ellis, Appellant.

	Appellant's application for transfer from the Missouri Court of Appeals, No. WD78436, denied.


SC96209	The Lamar Company, LLC, Appellant, vs. City of Columbia, et al., Respondents.

	Appellant's application for transfer from the Missouri Court of Appeals, No. WD79267, denied.


SC96211	Jane Doe, by and through her Next Friend, Jane Doe GMA, Respondent, vs. Progressive Community Services, et al., Defendants, Alberta Hughes, Appellant, Jane Doe GMA, Third Party Defendant.

	Appellant's application for transfer from the Missouri Court of Appeals, No. WD79064, sustained and cause ordered transferred.

SC96215	Antioch Community Church, Respondent, vs. The Board of Zoning Adjustment of the City of Kansas City, Missouri, Appellant.

	Appellant's application for transfer from the Missouri Court of Appeals, No. WD79676, sustained and cause ordered transferred.

SC96216

Charlotte Jean Kerr, Appellant, vs. The Curators of the University of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD79372, denied.


SC96217	Vernando Smith, Appellant, vs. State of Missouri, Respondent.

	Appellant's application for transfer from the Missouri Court of Appeals, No. WD79062, denied.


SC96218	State of Missouri, Respondent, vs. Vincent Newman, Appellant.

	Appellant's application for transfer from the Missouri Court of Appeals, No. ED101773, denied.


SC96222	Missouri Public Service Commission, Respondent, vs. Union Electric Company, d/b/a Ameren Missouri, Appellant.

	Appellant's application for transfer from the Missouri Court of Appeals, No. WD79406, sustained and cause ordered transferred.


SC96224	Rhonda Marie Hoelscher, Respondent, vs. Roy Richard Hoelscher, Appellant.

	Appellant's application for transfer from the Missouri Court of Appeals, No. ED102875, denied.

SC96226

Amoso Realty, LLC, Respondent, vs. Monique Milton, Respondent, and Bryce Weathers, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED104375, denied.


SC96227	Montez Thomas, Appellant, vs. State of Missouri, Respondent.

	Appellant's application for transfer from the Missouri Court of Appeals, No. ED104261, denied.


SC96232	State of Missouri, Respondent, vs. Aaron Elder, Appellant.

	Appellant's application for transfer from the Missouri Court of Appeals, No. ED103876, denied.


SC96233	State of Missouri, Respondent, vs. Michael L. Johnson, Appellant.

	Respondent's application for transfer from the Missouri Court of Appeals, No. ED103217, denied.


SC96234	State of Missouri, Respondent, vs. Oscar Brown, Appellant.

	Appellant's application for transfer from the Missouri Court of Appeals, No. ED103553, denied.

SC96235

Raymond Borowski, Appellant, vs. J.P. Morgan Chase Bank, N.A., Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD34136-1, denied.


SC96238	State of Missouri ex rel. Chris Koster, Attorney General, Respondent, vs. Kansas City Board of Police Commissioners, Appellant.

	Appellant's application for transfer prior to disposition from the Missouri Court of Appeals, No. WD80209, denied.


SC96243	In re the Marriage of: Jackie Luaders and Matt Luaders, Jackie Luaders, Appellant, vs. Matt Luaders, Respondent.

	Appellant's application for transfer from the Missouri Court of Appeals, No. SD34287, denied.


SC96246	Terry Lankford, Deceased, Employee, Carol Lankford, Widow, Respondent, vs. Newton County, Appellant, and Treasurer of Missouri as Custodian of the Second Injury Fund, Additional Party/Respondent.

	Appellant's application for transfer from the Missouri Court of Appeals, No. SD34269, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC96072	State ex rel. Daniel Hartman, Relator, vs. Honorable Gayle Crane, Respondent.

	Petition for writ of prohibition denied.


SC96197	State ex rel. Housing Authority of St. Louis County, Relator, vs. The Honorable Tom W. DePriest, Jr., Respondent.

	Petition for writ of prohibition denied.


SC96204	State ex rel. M.R.S., Relator, vs. The Honorable Andrew Hosmer, Respondent.

	Petition for writ of prohibition or, in the alternative, mandamus denied. Relator's motion to consolidate overruled as moot.


SC96174	State ex rel. Isadore Glover, Petitioner, vs. State of Missouri, Respondent.

	Petition for writ of habeas corpus denied without prejudice pursuant to Rules 91.02(a) and 84.22. Petitioner's motion to bring forth overruled without prejudice.


SC96205	State ex rel. Carl M. Dellavella, Petitioner, vs. Dean Minor, Superintendent, Respondent.

	Petition for writ of habeas corpus denied.


SC96230	State ex rel. Dan Bothel, Relator, vs. The Honorable W. Page Bellamy, Respondent.

	Petition for writ of mandamus or prohibition denied.

SC96236

State ex rel. Jonathan M. Nicholas and Michael Spano, Relators, vs. The Honorable Jack R. Grate, Respondent.

Petition for writ of prohibition denied.


SC96193	State ex rel. Christopher Guthrie, Petitioner, vs. Troy Steele, Respondent.

	Petition for writ of habeas corpus denied.


SC96239	State ex rel. John D. Gormon, Petitioner, vs. David Schmitt, Respondent.

	Petition for writ of habeas corpus denied without prejudice pursuant to Rule 91.02(a). Petitioner's motion for appointment of counsel overrruled without prejudice.


SC96241	State ex rel. Quansa Leshal Thompson, Petitioner, vs. St. Louis County, 21st Circuit Court, Respondent.

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


SC96291	State ex rel. Heather Kirby, Relator, vs. The Honorable Nancy J. Alemifar, Respondent.

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

MOTIONS
SC90286	State of Missouri, Respondent, vs. Lance C. Shockley, Appellant.

	Appellant's motion to recall the mandate overruled without prejudice to filing a petition for writ of habeas corpus with the appropriate court.


SC95906	State of Missouri ex rel. Joshua D. Hawley, Relator, vs. The Honorable Philip Heagney, Circuit Judge, St. Louis City, and Thomas L. Kloeppinger, Circuit Clerk, St. Louis City, Respondents.

	Relator's emergency motion to stay overruled as moot.


SC93118	Rodney P. McIntosh, Appellant, vs. State of Missouri, Respondent.

	Appellant's petition to recall mandate overruled.


SC61750	State of Missouri, Respondent, vs. Irving J. Berry, Appellant.

	Appellant's request to file motion for leave to file motion to recall the mandate overruled.

Day - to - Day,

____________________________________

Patricia Breckenridge

Chief Justice