Supreme Court of Missouri
en banc

September 26, 2006

MOTIONS FOR REHEARING
SC87063	Daniel R. Shipley, Respondent, vs. Ronald Cates, et al., Appellants.
	Respondent's motion for rehearing overruled. Appellants' motion for costs on appeal overruled as moot.

SC87392	Christian County, Missouri, Respondent, vs. Edward D. Jones and Company, L.P., Appellant.
	Respondent's motion for rehearing overruled.

SC86895	Kimber Edwards, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion for rehearing overruled. Opinion modified on Court's own motion.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC87755	Vernon Norfolk, Appellant, vs. State of Missouri, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD64831, denied.

SC87758	Tremonti Perry, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86450, denied.

SC87807	Edna Hawkins, Appellant, vs. Charles Dennis Lemasters, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65677, denied.

SC87837	State of Missouri, Respondent, vs. Justin J. Walkup, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD63949, sustained and cause ordered transferred.

SC87866	Precision Investments, L.L.C., et al., Respondents, vs. Cornerstone Propane, L.P., Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. SD26295, sustained and cause ordered transferred.

SC87899	Claude Risher and Brenda Faye Risher, Appellants, vs. Farmers Insurance Company, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED86341, denied.

SC87902	State of Missouri, Respondent, vs. Robert D. March, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27102, sustained and cause ordered transferred.

SC87905	James Hammelman, Appellant, vs. Wintergreen Development, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED87126, denied.

SC87908	East End Transfer & Storage, Inc., et al., and North American Specialty Insurance Company, Respondents, vs. The Travelers Indemnity Company of Illinois, et al., Defendants, and UniGroup, Inc., and United Van Lines, L.L.C., and Vanliner Insurance Company, Appellants.
	Appellants UniGroup, Inc. and United Van Lines, L.L.C.'s application for transfer from the Missouri Court of Appeals, No. ED86576 (consolidated with ED86577), sustained and cause ordered transferred. Appellant Vanliner Insurance Company's application for transfer from the Missouri Court of Appeals, No. ED86576 (consolidated with ED86577), sustained and cause ordered transferred.

SC87910	In the Interest of C.R.H. & D.J.W. C.M.H., Appellant, vs. The Greene County Juvenile Office, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27412 and SD27414, denied.

SC87911	Larry Reichert, et al., Appellants, vs. The Board of Education of the City of St. Louis, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED86818, sustained and cause ordered transferred.

SC87913	State of Missouri, Respondent, vs. Phillip W. Washington, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64783, denied.

SC87914	State of Missouri, Respondent, vs. Brandon D. Seaton, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65333, denied.

SC87915	Carl F. Kossmeyer, Appellant, vs. Missouri State Board of Accountancy, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86759, denied.

SC87916	Marjorie Denkewalter, Appellant, vs. Steven D. Stockmann, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86484, denied.

SC87918	Emmitte Lyle Fenton, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65502, denied. Respondent's application for transfer from the Missouri Court of Appeals, No. WD65502, denied.

SC87919	James Murray, Appellant, vs. Gary Kempker, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65651, denied.

SC87920	State of Missouri, Respondent, vs. Jesse L. Nichols, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD64698, denied.

SC87921	State of Missouri, Respondent, vs. Jeremy L. Banks, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD63647, sustained and cause ordered transferred.

SC87922	Walton Construction Company, Appellant-Respondent, vs. MGM Masonry, Inc., Respondent-Appellant.
	Appellant-Respondent's application for transfer from the Missouri Court of Appeals, No. WD63735 consolidated with WD63771, denied. Stith, J., not participating. Respondent-Appellant's application for transfer from the Missouri Court of Appeals, No. WD63735 consolidated with WD63771, denied. Stith, J., not participating.

SC87926	Eric Wilson, Appellant, vs. Gary Kempker, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65068, sustained and cause ordered transferred.

SC87927	Chouteau Development Co., LLC, Appellant, vs. Sinclair Marketing, Inc., n/k/a Sinclair Oil Corp., Respondent, Board of Trustees of Missouri Petroleum Storage Tank Insurance Fund, Third Party Defendant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD65660, denied.

SC87928	Robert Mayne, Appellant, vs. Treasurer of the State of Missouri, Custodian, Second Injury Fund, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27495, denied.

SC87929	State of Missouri, Respondent, vs. Michael W. Smothers, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65733, denied.

SC87930	Treva Gage and Shari Douglas, Appellants, vs. Missouri Gaming Commission, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD64935 consolidated with WD64936, denied.

SC87931	Greg Klokkenga, Appellant, vs. Gerald Carolan, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65861, denied.

SC87932	State of Missouri ex rel. Phillipia Moore, et al., Respondents, vs. Robert Hawkins, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65616, denied.

SC87933	Susan Hyde and Hilary Mason, Appellants, vs. Department of Mental Health and Kay Green, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD65425, denied.

SC87935	Rebecca and Steve Braddock and John and Joseph Braddock, minors, by and through Rebecca and Steve Braddock, their parents and next friends, Appellants, vs. Missouri Department of Mental Health, Kathleen Hopkins, Asst. Center Director for St. Louis Regional Center - North, in her official capacity, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD65304, denied.

SC87936	John Mathes, Natural Father of Jacob Mathes, and Natural Son of John Mathes and Shirley Mathes, Respondents, vs. Sher Express, L.L.C., et al., Defendants, Ford Motor Company, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65524, denied. Russell, J., not paticipating.

SC87937	Syn, Inc., Appellant-Respondent, vs. Elizabeth A. Beebe, Respondent-Appellant.
	Appellant-Respondent's application for transfer from the Missouri Court of Appeals, No. WD64552 consolidated with WD64553, denied.

SC87941	In re the Marriage of: Bud Harrison Thomas and Alice Carolyn Thomas Bud Harrison Thomas, Appellant, vs. Alice Carolyn Thomas, Respondent, and Twin Willow Farms, L.L.C., et al., Third-Party Respondents.
	Respondent's application for transfer from the Missouri Court of Appeals, No. SD27155 and SD27146 (consolidated), denied.

SC87949	Yana D. Lacy, Appellant, vs. Robert Wright and Daryl G. Wright, d/b/a Advanced Technology Products, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED87250, denied.

SC87956	Michael G. Beck and John F. Beck, Appellants, vs. David Moore, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED87313, denied.

SC87957	State of Missouri ex rel. Webster County, Missouri, by and through its duly elected Commission, Relator, vs. The Honorable John R. Hutcherson, Respondent.
	Relator's application for transfer from the Missouri Court of Appeals, No. SD27369, denied.

SC87958	State of Missouri, Respondent, vs. Leonard A. McCord, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86634, denied.

SC87960	Joy B. Ryerson, Appellant, vs. Hemar Insurance Corporation of America, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86421, denied.

SC87963	Peter J. Noll, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86860, denied.

SC87964	Jeanette Jones, Appellant, vs. Washington University, Respondent, and Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Respondent.
	Respondent Washington University's application for transfer from the Missouri Court of Appeals, No. ED87373, denied.

SC87966	Gregory E. Poth, Respondent, vs. Margaret C. Poth and Daniel S. Poth, Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED87563, denied.

SC87967	Timothy Truss and Kelley Truss, Appellants, vs. Lutheran South High School Association of St. Louis, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED86513, denied.

SC87968	Dianna Reagan, et al., Respondents/Cross-Appellants, vs. County of St. Louis, Missouri, Appellant/Cross-Respondent.
	Respondents/Cross-Appellants' application for transfer from the Missouri Court of Appeals, No. ED85763, sustained and cause ordered transferred.

SC87970	James Doyle, et al., Respondents, vs. Fluor Corporation, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED87137, denied.

SC87973	Sam Bradford and Mollie Bradford, Respondents, vs. BJC Corporate Health Services, d/b/a BarnesCare, a corporation, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86339, denied.

SC87975	First Missionary Baptist Church of Ballwin, et al., Respondents, vs. Richard Rollins, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED87320, denied.

SC87981	Elaine Klinkerfuss, Respondent/Cross-Appellant, vs. William L. Cronin, Appellant/Cross-Respondent, and Delores J. Cronin, Defendant.
	Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. ED85926, ED85985 & ED86141, denied.

SC87982	State of Missouri, Respondent, vs. Mecca Scott, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED85772, denied.

SC87987	Lyle Reed, et al., Appellants, vs. The Sunset Cove Condominium Owners Association, Respondent.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD27110, denied.

SC87988	Edwin J. Masters, M.D., Appellant, vs. Ruth R. Millington, et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD26692, denied.

SC87959	Debbie Masters, et al., Respondent, vs. Nathen Eggemeyer, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86005, denied.

SC87990	James Quinton and Shawndrea Quinton, Appellants, vs. Rachelle Unger, et al., Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. SD27234, SD27237 & SD27239 (consolidated), denied.

SC87991	Philip White, Appellant, vs. Mark Zubres, D.O., et al., Respondents.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD27199, sustained and cause ordered transferred.

SC87993	Robert C. Egan, M.D., Appellant, vs. St. Anthony's Medical Center, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED86298, denied.

SC87997	Kenneth G. Middleton, Appellant-Respondent, vs. State of Missouri, Respondent-Appellant.
	Appellant-Respondent's application for transfer from the Missouri Court of Appeals, No. WD65540 & WD65578, denied.

SC88002	Christopher W. Kennedy, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD65218, denied.

SC88003	Mark Barron, Shauna Barron, Kennadi Barron, Christy Barron, Cameron Smith-Barron and Richard Allen, Respondents, vs. Shelter Mutual Insurance Company, Appellant.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD65947, sustained and cause ordered transferred.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC87828	State ex rel. Larry D. Coleman, Relator, vs. The Honorable K. Preston Dean, II, Respondent.
	Petition for writ of mandamus denied.

SC87855	State ex rel. McDonald's Corporation and Kris Davison, Inc., Relators, vs. The Honorable Ann Mesle, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days. Price, J., not participating.

SC87856	State ex rel. McDonald's Corporation and C & S Marshfield, Inc., Relators, vs. The Honorable Sandra C. Midkiff, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ ordered to issue returnable to Court en Banc in thirty days. Price, J., not participating.

SC87812	State ex rel. Jerry Parker, Petitioner, vs. Larry Crawford, et al., Respondents.
	Petition for writ of habeas corpus denied.

SC87842	State ex rel. Kerry Caldwell, Petitioner, vs. James Purkett, Respondent.
	Petition for writ of habeas corpus denied. Petitioner's motion for appointment of counsel overruled as moot.

SC87886	State ex rel. City of Springfield, Relator, vs. The Honorable Dan Conklin, Respondent.
	Petition for writ of prohibition denied.

SC87887	State ex rel. Nicholas H. Smith and Amy and Bryce Johnson, On Behalf of Themselves and All Others Similarly Situated, Relators, vs. The Honorable Edith L. Messina, Respondent.
	Petition for writ of mandamus denied. Stith, J., not participating. Relators' motion to expedite overruled as moot. Stith, J., not participating.

SC87894	State ex rel. Antonio Reeves, Petitioner, vs. State of Missouri, Respondent.
	Petition for writ denied.

SC87896	State ex rel. Christian Miller, a minor, by and through his next friend and natural parent, Julia Miller, Relator, vs. The Honorable Thomas C. Grady, Respondent.
	Petition for writ of prohibition denied.

SC87909	State ex rel. Save-A-Lot Food Stores, Moran Foods, Inc., and Steppig Management, LLC., Relators, vs. The Honorable Thomas C. Grady, Respondent.
	Petition for writ of prohibition denied.

SC87912	State ex rel. Lana and Michael White, surviving parents of Jeffrey White, deceased, Relators, vs. The Honorable Thomas C. Grady, Respondent.
	Petition for writ of prohibition denied.

SC87897	State ex rel. Rodney Turner, Relator, vs. State of Missouri, Respondent.
	Petition for writ of mandamus denied.

SC87924	State ex rel. Levi A. King, Relator, vs. The Honorable Timothy W. Perigo and The Honorable John R. LePage, Respondents.
	Petition for writ of prohibition, or, alternatively, for a writ of mandamus denied. Relator's motion to stay Circuit Court proceedings overruled as moot.

SC87942	State ex rel. Richard Berg, Relator, vs. The Honorable J. Dan Conklin, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC87944	State ex rel. Duewey Warren, Relator, vs. The Honorable J. Dan Conklin, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC87945	State ex rel. Harry Turner, Relator, vs. The Honorable J. Dan Conklin, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC87946	State ex rel. Kimberly Bertling, Relator, vs. Terence Lord, Clerk, Missouri Court of Appeals, Western District and The Honorable James Smart, Jr., The Honorable Robert G. Ulrich and The Honorable Ronald R. Holliger, Respondents.
	Petition for writ of mandamus denied.

SC87947	State ex rel. Richard Hill and The Estate of Patricia Hill, Relators, vs. The Honorable Steven H. Goldman, Respondent.
	Petition for writ of mandamus/prohibition denied.

SC87948	State ex rel. Richard Baker, Relator, vs. The Honorable Edith L. Messina, Respondent.
	Petition for preliminary and permanent writ of prohibition denied.

SC87951	State ex rel. Gregory Breeden, Petitioner, vs. The Honorable William J. Roberts, Respondent.
	Petition for remedial writ denied. Petitioner's motion requesting Court to dispense with the time and procedure of 84.24 (c) and (d), and immediately proceed to ruling upon the petition in the interest of justice pursuant to civil procedure 84.24 (c) and (j) overruled as moot.

SC87952	State ex rel. Edward Doggett, Relator, vs. The Honorable Ted House, Respondent.
	Petition for writ of prohibition denied.

SC87907	State ex rel. Corey Dewayne Davis, Petitioner, vs. Jim Moore and the Missouri Department of Corrections, et al., Respondents.
	Petition for writ of habeas corpus denied.

SC87962	State ex rel. Rowe Burns, Relator, vs. The Honorable Carolyn C. Whittington, Respondent.
	Petition for writ of mandamus sustained. Alternative writ ordered to issue returnable to Court en Banc in thirty days.

SC87983	State ex rel. Donald R. Malson, Petitioner, vs. Dave Dormire and Dana Thompson, Respondents.
	Petition for writ of habeas corpus denied.

SC87953	State ex rel. Roy Sutherland, Petitioner, vs. James Purkett, Superintendent, Respondent.
	Petition for writ of habeas corpus denied.

SC87994	State ex rel. Kyle J. Kelly, Relator, vs. The Honorable Booker T. Shaw, Respondent.
	Petition for writ of prohibition or in the alternative mandamus denied.

SC87999	In re: Scott Charles Ehlermann, Appellant.
	Appeal from a Decision of the Board of Law Examiners denied.

SC88000	State ex rel. St. Louis County, Missouri, Charlie A. Dooley, and James Baker, Relators, vs. The Honorable David Lee Vincent, III, Respondent.
	Petition for writ of prohibition denied.

SC87969	State ex rel. Edward K. Shigemura, Relator, vs. Missouri Department of Corrections, et al., Respondents.
	Petition for writ of prohibition denied.

MOTIONS
SC86090	In re: Michael R. Fletcher, Respondent.
	Respondent's motion to modify overruled. Respondent's motion for oral argument overruled.

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