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Minutes of March 6, 2012


Supreme Court of Missouri
en banc

March 6, 2012

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OPINION BY TEITELMAN, C.J.

SC90647Beverly Brewer, Respondent, vs. Missouri Title Loans, Inc., Appellant.

AFFIRMED IN PART; REVERSED IN PART; REMANDED. Stith, J., Pfeiffer, Sp.J., and Wolff, Sr.J., concur; Fischer, J., dissents in separate opinion filed; Breckenridge, J., concurs in opinion of Fischer, J.; Price, J., dissents in separate opinion filed. Russell and Draper, JJ., not participating.



OPINION BY RUSSELL, J.

SC91728Lavern Robinson, Respondent, vs. Title Lenders, Inc., d/b/a Missouri Payday Loans, Appellant.

REVERSED AND REMANDED. Teitelman, C.J., Breckenridge, Fischer, Stith and Price, JJ., and Wolff, Sr.J., concur. Draper, J., not participating.



OPINION BY RUSSELL, J.

SC91784Aquila Foreign Qualifications Corporation, Respondent, vs. Director of Revenue, Appellant.

REVERSED. Breckenridge, Fischer, Stith and Draper, JJ., concur; Price, J., dissents in separate opinion filed; Teitelman, C.J., concurs in opinion of Price, J.



OPINION BY STITH, J.

SC92026Emerson Electric Co., Appellant, vs. Marsh & McLennan Companies, et al., Respondents.

REVERSED AND REMANDED. Teitelman, C.J., Russell, Breckenridge, Fischer and Price, JJ., and Atwell, Sp.J., concur. Draper, J., not participating.



OPINION BY PRICE, J.

SC91741Ricky B. Gurley, Appellant, vs. Missouri Board of Private Investigator Examiners, et al., Respondents.

AFFIRMED. All concur.



OPINION BY DRAPER, J.

SC91209State Of Missouri, Respondent, vs. Michael Andrew Tisius, Appellant.

AFFIRMED. All concur.



OPINION BY DRAPER, J.

SC91632State of Missouri ex inf. Teresa Hensley, Prosecuting Attorney, Respondent, vs. Herschel L. Young, Appellant.

AFFIRMED. All concur.



OPINION BY DRAPER, J.

SC91880Fannie Mae, Respondent, vs. My Quang Truong, Appellant, John Doe, Defendant.

APPEAL DISMISSED. Russell, Breckenridge, Fischer, Stith and Price, JJ., concur; Teitelman, C.J., dissents in separate opinion filed.



PER CURIAM

SC92125Jordan Danielle King-Willmann, a Minor Child, by her Mother and Next Friend, Sherrill Christine King, and Sherrill Christine King, Individually, and Keith Willmann, Individually, Respondents, vs. Webster Groves School District, Appellant.

REVERSED AND REMANDED. All concur.




MOTIONS FOR REHEARING

SC91850State of Missouri, Appellant, vs. Tyler G. McNeely, Respondent.

Appellant's motion for rehearing overruled. Draper, J., not participating.



SC91780CACH, LLC, Respondent, vs. Jon J. Askew, Appellant.

Respondent's motion for rehearing/motion to modify opinion overruled.
Draper, J., not participating.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC92151Robin Johnson, Respondent, vs. Jared Enterprises, Inc., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD31595, denied.



SC92174American National Property and Casualty Company, Appellant, vs. Ensz & Jester, P.C., et al., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD73401, denied.



SC92189Mark P. Lowery, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD31001, denied.



SC92193State of Missouri, Respondent, vs. James Scott Murphy, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD31067, denied.


SC92213City of Maryland Heights, Missouri, Appellant, vs. Robert J. Heitz and Loretta Tucker, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED95756, denied. Price and Draper, JJ., not participating.


SC92234Cynthia Wasson and Kenneth Wasson, Respondents, vs. Shelter Mutual Insurance Company, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD72991, denied.

Respondents' application for transfer from the Missouri Court of Appeals, No. WD72991, denied.


SC92243Central United Life Insurance Company, Respondent, vs. John M. Huff, Appellant.

Respondent's application for transfer from the Missouri Court of Appeals, No. WD73168, denied. Price, J., not participating.


SC92289Vesna Petrovic, Appellant, vs. Bausch & Lomb, Respondent, Indemnity Insurance Company of North America, Respondent, Treasurer of the State Missouri, as Custodian of the Second Injury Fund, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED96643, denied. Draper, J., not participating.



SC92290State of Missouri, Appellant, vs. Kerri K. Drury, Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED96754, denied. Draper, J., not participating.



SC92291Whelan Security Co., Appellant, vs. Charles Kennebrew, Sr., and W. Landon Morgan, Respondents.

Respondent Charles Kennebrew, Sr.'s application for transfer from the Missouri Court of Appeals, No. ED96394, sustained and cause ordered transferred. Draper, J., not participating.



SC92296State of Missouri, Respondent, vs. Lavincent Robinson, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED95248, denied. Draper, J., not participating.



SC92297Lawrence Mickey, Respondent, vs. BNSF Railway Company, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED95110, denied. Price and Draper, JJ., not participating.



SC92299Land Clearance for Redevelopment Authority of the City of St. Louis, Appellant, vs. Opal Henderson and Opal T. Henderson Revocable Trust, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED95617, denied. Price and Draper, JJ., not participating.



SC92308Patrick Scott Drummond, Appellant, vs. Land Learning Foundation, Evans & Evans Outdoor, LLC, Evans & Evans Farms, LLC, and Evans Equipment Company, Inc., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD73613, denied. Stith, J., not participating.



SC92303State of Missouri, Respondent, vs. Rick Cusumano, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED95885, denied. Draper, J., not participating.



SC92301Frank Wilson, Appellant, vs. C.F. Vatterott Construction Company, Respondent, and West End, LLC, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED95752, denied. Draper, J., not participating.



SC92313State of Missouri, Respondent, vs. James Harris, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED96045, denied. Draper, J., not participating.



WRITS AND OTHER ORIGINAL PROCEEDINGS

SC91958State ex rel. Ron Meyer, Chris Benak, Bart Cochran, Chad Hansen, and Daniel Welker, Relators, vs. The Honorable Jacqueline Cook, Respondent.

Petition for writ of prohibition denied.



SC92182State ex rel. Mark Kilmartin, Petitioner, vs. James Hurley, Respondent.

Petition for writ of habeas corpus denied.



SC92215State ex rel. Brian S. Collar, Petitioner, vs. Dean Minor, Respondent.

Petition for writ of habeas corpus denied.



SC92216State ex rel. James Borden, Petitioner, vs. Scott Lawrence, Respondent.

Petition for writ of mandamus denied.

Petitioner's motion for requests for admissions overruled.



SC92197State ex rel. Frederick Spencer, Petitioner, vs. Missouri Court of Appeals for the Eastern District of Missouri, Respondent.

Petition for declaratory judgment ordered treated as a petition for writ of habeas corpus and denied. Russell and Draper, JJ., not participating.

Petitioner's motion for order to produce appellate legal file overruled as moot. Russell and Draper, JJ., not participating.



SC92273State ex rel. Edward V. Lawrence, Petitioner, vs. Dave Dormire, Superintendent, Respondent.

Petition for writ of habeas corpus denied.



SC92274State ex rel. Ann Young, Relator, vs. The Honorable Barbara W. Wallace, Respondent.

Petition for writ of prohibition denied.



SC92284State ex rel. Andrew Bonney, Relator, vs. The Honorable Margaret M. Neill, Respondent.

Petition for writ of prohibition denied.



SC92286State ex rel. Lindenwood Care Corp., et al., Relators, vs. The Honorable Colleen Dolan, Respondent.

Petition for writ of prohibition denied. Price, J., not participating.



SC92240State ex rel. Warren Collins, Petitioner, vs. David Dormire, Warden, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's motion for appointment of counsel overruled.



SC91888In re: Mark Belz, Petitioner.

Petition for reinstatement after discipline denied.



SC92266State ex rel. Michael L. Weir, Petitioner, vs. James Hurley, Respondent.

Petition for writ of habeas corpus denied. Draper, J., not participating.


MOTIONS

SC92263State of Missouri, Plaintiff, vs. Bruce Hymes, Defendant.

Motion to review conditions of bond overruled.



SC92280Jason Cohorst, Appellant, vs. Nissan North America, Inc., et al., Respondents.

Respondents' motion to transfer to the Missouri Court of Appeals, Southern District, overruled. Russell, J., not participating.



SC92315State of Missouri, Plaintiff, vs. Paul Ferguson, Defendant.

Defendant's motion for leave to file late notice of appeal in forma pauperis to obtain the record without prepayment of cost overruled.





The next regular conference of Court en Banc will be on April 3, 2012.


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