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Minutes of May 27, 2014


Supreme Court of Missouri
en banc

May 27, 2014

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OPINION BY BRECKENRIDGE, J.

SC93012


and

SC93254
Wanda Mayes, et al., Appellants, vs. Saint Luke's Hospital of Kansas City, et al., Respondents.

(Consolidated with)

Wanda Mayes, et al., Appellants, vs. Saint Luke's Hospital of Kansas City, et al., Respondents.

AFFIRMED. Russell, C.J., Fischer, Stith, Draper and Wilson, JJ., concur; Teitelman, J., dissents.



OPINION BY FISCHER, J.

SC93502Ken Allen, Janet Allen, and Franklin Quick Cash, LLC, Respondents, vs. Continental Western Insurance Company, Appellants.

REVERSED AND JUDGMENT IS ENTERED FOR CONTINENTAL WESTERN INSURANCE COMPANY PURSUANT TO RULE 84.14. All concur.



OPINION BY WILSON, J.

SC93628Cheikh Seck, Appellant, vs. Department of Transportation, Defendant, Division of Employment Security, Respondent.

AFFIRMED. All concur.





MOTIONS FOR REHEARING

SC93132John Templemire, Appellant, vs. W&M Welding, Inc., Respondent.

Opinion modified on Court's own motion.



SC93162Minact, Inc., Respondent, vs. Director of Revenue, Appellant.

Respondent's motion for rehearing or, in the alternative, to stay issuance of mandate overruled.



APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER

SC94061Mark Hopwood and Mary Hopwood, Respondents, vs. CitiFinancial, Inc., and Zachrey B. Boulware, Appellants.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD32633, denied.



SC94072Federal National Mortgage Association and Nationstar Mortgage, LLC, Appellants, vs. Jeffrey A. Conover, et al., Respondents.

Respondents' application for transfer from the Missouri Court of Appeals, No. WD76276 (consolidated with WD76347), denied.



SC94073In the Matter of Foreclosure of Liens for Delinquent Land Taxes by Action in Rem: Collector of Revenue, by and through the Director of Collections for Jackson County, Missouri, Respondent, vs. Terry Holton, Appellant, and Christina McIntosh, Respondent.

Respondent Collector of Revenue, Jackson County's application for transfer from the Missouri Court of Appeals, No. WD76280, denied.



SC94074Shawn Stevens, Appellant, vs. Markirk Construction, Inc., Kirk Jones, and Damar Development, Inc., Respondents.

Respondents Markirk Construction, Inc. and Kirk Jones' application for transfer from the Missouri Court of Appeals, No. WD75532, sustained and cause ordered transferred. Russell, C.J., not participating.



SC94079State of Missouri, Respondent, vs. Bobby Glen Rost, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD32293, denied.



SC94085City of Moline Acres, Appellant, vs. Charles W. Brennan, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED99787, sustained and cause ordered transferred.



SC94112Jay Wolfe Used Cars of Blue Springs, LLC d/b/a Jay Wolfe Auto Outlet, Appellant, vs. Tyrell C. Jackson and Liane K. Jackson, on their own behalf and on behalf of all others similarly situated, Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. WD76644, denied. Fischer, J., not participating.



SC94126Genevieve-Anne Gaudreau, Respondent, vs. Richard A. Barnes, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED99452, denied.



SC94127John Doe, Respondent, vs. Col. Daniel Isom, et al., Appellants.

Respondent's application for transfer from the Missouri Court of Appeals, No. ED99707, denied.




SC94128Robert Shelton (Deceased), Alice Shelton, Respondent, vs. Treasurer of the State of Missouri as Custodian of the Second Injury Fund, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD33033, denied.




SC94129Dione L. Schwartz, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED99920, denied.




SC94131Lee Harrell, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD32710, denied.




SC94132Michelle Belt, Respondent, vs. St. John's Mercy Medical Center, Appellant, and Treasurer of Missouri as Custodian of the Second Injury Fund, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED100166, denied.



SC94134Grau Contracting, Inc., Plaintiff, vs. Captiva Lake Investments, LLC, Appellant/Cross-Respondent, Missouri Builders Service, Inc., Respondent/Cross-Appellant, Questec Constructors, Inc., Butler Supply, Inc., House of Carpet, Inc., and Meyer Electric Co., Inc., Respondents.

Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. SD32382 and SD32406 (consolidated), denied.



SC94136In the Interest of: K.F.C., D.J.G. and R.T.R., minors, Greene County Juvenile Office, Respondent, vs. K.A.C., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD32948, SD32949, and SD32950 (consolidated), denied.



SC94144State of Missouri, Respondent, vs. Samie Jay Louis, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED99838, denied.



SC94146In the Matter of the Care and Treatment of Steven Whitt a/k/a Steven J. Whitt.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED99243, denied.



SC94147State of Missouri, Respondent, vs. Tena Cady, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. SD32636, denied.



SC94148Mulija Kadric, Appellant, vs. Centaur Building Services, Inc., Respondent, and North River Insurance Co., Respondent, and Treasurer of Missouri as Custodian of the Second Injury Fund, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED100250, denied.



SC94152Thomas Binkley, Harlene J. Binkley, Roland E. Sturhahn, and Susan J. Sturhahn, Appellants, vs. American Equity Mortgage, Inc., Respondent.

Appellants' application for transfer from the Missouri Court of Appeals, No. ED100044, sustained and cause ordered transferred.



SC94155Sankar Penumacha, Respondent, vs. Vanaja Penumacha, Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED99274, denied.



SC94156Richard Simmons, Appellant, vs. State of Missouri, Respondent.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED99128, denied.



SC94159State of Missouri, Respondent, vs. Ricky Edward Lane, Jr., Appellant.

Appellant's application for transfer from the Missouri Court of Appeals, No. ED99751, denied.



SC94162International Division, Inc., Appellant, vs. DeWitt and Associates, Inc., Respondent.

Respondent's application for transfer from the Missouri Court of Appeals, No. SD32496, denied.




SC94167Amanda Medlock and Sam Medlock, Appellants, vs. St. John's Health System, Inc., and St. John's Clinic, Inc., Respondents.

Appellants' application for transfer from the Missouri Court of Appeals, No. SD32776, denied.




SC94168The Executive Board of the Missouri Baptist Convention, Appellant, vs. Windermere Baptist Conference Center, Inc., James L. Hill, Reliance Trust Company, National City Bank of the Midwest, Consolidated Mortgage, Inc., and First American Title Missouri Agency, Inc., Respondents.

Appellant's application for transfer from the Missouri Court of Appeals, No. SC32699 and SD32735 (consolidated), denied.




WRITS AND OTHER ORIGINAL PROCEEDINGS

SC93978State ex rel. John C. Middleton, Petitioner, vs. Troy Steele, Respondent.

Petition for writ of habeas corpus denied.

Petitioner's renewed motion for discovery and appointment of special master overruled.



SC94024 State ex rel. Robert Bell, Jr., Petitioner, vs. Michael Bowersox, Respondent.

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

Petitioner's request to be appointed co-counsel and/or for hybrid representation overruled.

Petitioner's motion for appointment of counsel overruled.



SC94098State ex rel. Public Service Commission of the State of Missouri, Relator, vs. The Honorable Daniel Green, Respondent.

Petition for writ of prohibition denied.



SC94123State ex rel. Gabriel L. Word, Petitioner, vs. Troy Steele, Respondent.

Petition for writ of habeas corpus denied.



SC94137State ex rel. Copeland Corporation, LLC, Relator, vs. The Honorable Ralph Jaynes, Respondent.

Amended petition for writ of mandamus denied.



SC94153State ex rel. Jason Pryor, Relator, vs. The Honorable Daren Adkins, Respondent.

Petition for writ of mandamus denied.



SC94138State ex rel. Calvin Williams, Petitioner, vs. Michael Bowersox, et al., Respondents.

Petition for writ of habeas corpus denied without prejudice pursuant to Rules 91.02(a) and 84.22.




SC94140State ex rel. Eric D. Clemmons, Relator, vs. Ian Wallace, Respondent.

Petition for writ of habeas corpus denied without prejudice pursuant to Rules 91.02(a) and 84.22.




SC94163State ex rel. Charles Leader, Petitioner, vs. 40th Judicial Circuit Court, Newton County, Missouri, Respondent.

Petition for writ of habeas corpus denied.




SC94169State ex rel. Major Calhoun, Petitioner, vs. James Hurley, Respondent.

Petition for writ of habeas corpus denied.




SC93176In re: Gerald Michael Dunne, Petitioner.

Petition for reinstatement after discipline denied.



SC94151State ex rel. William Cone, Petitioner, vs. Larry Denney, Respondent.

Petition for writ of habeas corpus denied without prejudice pursuant to Rules 91.02(a) and 84.22.




SC94122State ex rel. Frederick Spencer, Petitioner, vs. James Hurley, Respondent.

Petition for writ of habeas corpus denied.




SC94178State ex rel. Mark Kilmartin, Relator, vs. James Hurley, Respondent.

Petition for writ of habeas corpus denied.




MOTIONS

SC80941State of Missouri, Respondent, vs. John C. Middleton, Appellant.

Appellant's motion to vacate execution date without prejudice pending appeal of Clemons, et al. v. Crawford, et al. overruled.




SC78086State of Missouri, Respondent, vs. Leon V. Taylor, Appellant.

Appellant's motion to recall the mandate or, in the alternative, petition for writ of habeas corpus overruled.



SC93419In re: Seth D. Shumaker, Petitioner.

Petitioner's motion for leave to file a motion for reconsideration overruled.



SC94143Anthony Johnson, Appellant, vs. State of Missouri, Respondent.

Appellant's motion for leave to file application for transfer out of time overruled.





The next regular conference of Court en Banc will be on July 1, 2014.


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