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Minutes of June 28, 2011


Supreme Court of Missouri
en banc

June 28, 2011

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OPINION BY PRICE, C.J.

SC91302Missouri Association of Nurse Anesthetists, Inc., Glenn Kunkel, M.D., and Kevin Snyders, CRNA, Appellants, vs. State Board of Registration for the Healing Arts, Respondent.

REVERSED AND REMANDED. All concur.




OPINION BY PRICE, C.J.

SC91427State of Missouri, Respondent, vs. Daniel M. Primm, Appellant.

AFFIRMED. All concur.




OPINION BY RUSSELL, J.

SC91370In re: Byron G. Stewart, Respondent.

SUSPEND WITH NO LEAVE TO APPLY FOR REINSTATEMENT FOR SIX MONTHS. Price, C.J., Wolff, Breckenridge, Fischer and Stith, JJ., concur; Teitelman, J., concurs in separate opinion filed.




OPINION BY BRECKENRIDGE, J.

SC90835Sohrab Devitre, Appellant, vs. The Orthopedic Center of Saint Louis, LLC, Defendant, and Mitchell B. Rotman, M.D., Respondent.

AFFIRMED. Price, C.J., Russell, Wolff, Fischer and Stith, JJ., concur;
Teitelman, J., dissents in separate opinion filed.



OPINION BY FISCHER, J.

SC91228St. Louis County, et al., Appellants, vs. Prestige Travel, Inc., et al., Respondents.

AFFIRMED. All concur.





APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC91526John P. Goulding, Appellant, vs. Bank of America, N.A., John Michael Goulding, Patrick Goulding, Jr., and Kimberly Goulding McMahon, Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD71446, denied.



SC91683Ronald Manfredi, Respondent, vs. Blue Cross and Blue Shield of Kansas City, et al., Appellant.
Appellant Blue Cross and Blue Shield of Kansas City's application for transfer from the Missouri Court of Appeals, No. WD71150, denied.



SC91691State ex rel. Ag Processing, Inc., et al., Appellants, vs. Public Service Commission, et al., Respondents.
Appellants Ag Processing, Inc., and Sedalia Industrial Energy Users' Association's application for transfer from the Missouri Court of Appeals, No. WD71986 consolidated with WD71987, denied.



SC91703Leroy Collins, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED95042, denied.



SC91714FIA Card Services, N.A., Respondent, vs. Byron Hayes, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED94987, denied.



SC91725In re the Marriage of: Jeneffer Keet Bell, Appellant/Cross-Respondent, vs. Mark Robert Bell, Respondent/Cross-Appellant.
Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. SD30208 and SC30222 (consolidated), denied.



SC91727Gary Gervich, Deceased, and Deborah Gervich, Appellant, vs. Condaire, Inc., and Treasurer of Missouri as Custodian of the Second Injury Fund, Respondents.
Respondent Treasurer of Missouri's application for transfer from the Missouri Court of Appeals, No. ED94726, sustained and cause ordered transferred.



SC91733State of Missouri, Respondent, vs. Demetrius R. Harbour, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD72303, denied.



SC91745Jim Brooks, Appellant, vs. City of Sugar Creek, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD71855, denied. Fischer, J., not participating.



SC91724State of Missouri, Respondent, vs. Darrell L. Markham, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD20421 and SD21461 (consolidated), denied.



SC91748State of Missouri, Respondent, vs. Sylvester D. Lloyd, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD71541, denied.



SC91750Richard Schneider and Lori Schneider, as parents and next friends of Calvin Schneider, Appellants, vs. Snow Creek, Inc., and Peak Resorts, Inc., Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. WD71134, denied.



SC91752Michael Blumer, Appellant, vs. Automobile Club Inter-Insurance Exchange d/b/a AAA Insurance, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD72753, denied.



SC91753State of Missouri ex rel. Chris Koster, Relator, vs. The Honorable Warren McElwain, Circuit Judge of DeKalb County, and Julie Whitsell, Circuit Clerk, DeKalb County Circuit Court, Respondents.
Relator's application for transfer from the Missouri Court of Appeals, No. WD73211, denied.



SC91756Brynn Rodgers, Appellant, vs. City of North Kansas City, et al., Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD72328, denied.



SC91757Eldon Bugg, Appellant, vs. Kevin Schmidt, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD72665, denied.



SC91758Posha Monnig, Appellant, vs. Phillip Monnig, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD72192, denied.



SC91761State of Missouri, Office of Administration, et al., Appellants, vs. Nationwide Life Insurance Co., et al., Respondents.
Respondents' application for transfer from the Missouri Court of Appeals, No. WD72383, denied.



SC91762Lamont Stanley Hamilton, Appellant, vs. Cherlyn Jean Hamilton, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD71786, denied.



SC91764Susan Manning-Chisholm, Appellant, vs. Steven Chisholm, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD71471, denied.



SC91767Louis W. Hill, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD30530, sustained and cause ordered transferred.



SC91768In the Interest of: X.D.G., Minor
Greene County Juvenile Office, Respondent, vs. M.E.G., Natural Mother, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD30866, denied.



SC91773Walter Miller, Jr. and Denise Kerley, Appellants, vs. Margaret Miller and John Miller, Respondents.
Appellants' application for transfer from the Missouri Court of Appeals, No. ED94837 consolidated with ED94899, denied.



SC91775State of Missouri, Respondent, vs. Julius Smith, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED94112, denied.



SC91776Pamela Anderson, Appellant, vs. U.S. Bank National Association, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED95511, denied.



SC91777Ashley E. Morse, Respondent, vs. Director of Revenue, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD30653, sustained and cause ordered transferred.



SC91785Phillip S. Schneider, Appellant, vs. Director of Revenue, State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED94608, denied.



SC91788In the Interest of K.L.D. and A.J.A., Minors.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD30882 consolidated with SD30883, denied.



SC91789City of Ballwin, Respondent, vs. Lewis Greenberg, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED96332, denied.



SC91794Franklin Ashley, Appellant, vs. State of Missouri, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD72749, denied.



SC91795State of Missouri, Respondent, vs. Randy Bolden, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED94704, denied.




SC91799State of Missouri, Respondent, vs. Roger B. Ashby, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED94036, denied.





SC91800Mike Loth, Appellant, vs. Union Pacific Railroad Company, Respondent.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED94105, denied.



SC91801State of Missouri, Respondent, vs. Jameel Rasheed, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED94226, denied.



SC91804In the Interest of: C.F. and A.K.
Respondent's application for transfer from the Missouri Court of Appeals, No. ED95633, denied.



SC91806Brittany Dandridge, Appellant, vs. HD Direct, LLC, and Division of Employment Security, Respondents.
Appellant's application for transfer from the Missouri Court of Appeals, No. ED95327, denied.




SC91810In the Interest of: X.D.G., Minor
Greene County Juvenile Office, Respondent, vs. K.D.G., Natural Father, Appellant.
Respondent's application for transfer from the Missouri Court of Appeals, No. SD30860, denied.



SC91812Lynda Homa, Appellant, vs. Carthage R-IX School District, Respondent.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD30502, denied.



SC91813State of Missouri, Respondent, vs. Alton Louis Vaughn, Sr., Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. SD30028, denied.



SC91816Joyce C. Bean and Robert Kampert, Co-Conservators of the Estate of Sara Kampert, a Minor, et al., Respondents, vs. Superior Bowen Asphalt Company, LLC, Appellant.
Appellant's application for transfer from the Missouri Court of Appeals, No. WD71638, denied.




WRITS AND OTHER ORIGINAL PROCEEDINGS

SC91740State ex rel. Timothy Blacke, Relator, vs. The Honorable Steven R. Ohmer and The Honorable Colleen Dolan, Respondents.
Petition for writ of mandamus and prohibition denied.



SC91759State ex rel. Marc S. Hermelin and Sarah Weltscheff, Relators, vs. The Honorable Brenda Stith Loftin, Respondent.
Petition for writ of prohibition or mandamus denied.




SC91772State ex rel. Hais Hais Goldberger & Coyne, PC, Susan Hais, Samuel Hais, and Elliott Goldberger, Relators, vs. The Honorable Barbara E. Wallace, Respondent.
Petition for writ of mandamus or alternative writ of prohibition denied.



SC91790State ex rel. Shirley J. Swan, Relator, vs. The Honorable Steven H. Goldman, Respondent.
Petition for writ of mandamus denied.



SC91769State ex rel. William Cone, Petitioner, vs. Larry Denney, Warden, Respondent.
Petition for writ of habeas corpus denied.


SC91792State ex rel. Mark A. Starkey, Relator, vs. The Honorable James R. Hartenbach, Respondent.
Petition for writ of prohibition/mandamus denied.



SC91805State ex rel. Quinton Lee Brown, Petitioner, vs. The Honorable John Garvey and Jennifer Joyce, Respondents.
Petition for writ of habeas corpus denied.






Day - to - Day,


____________________________________
William Ray Price, Jr.
Chief Justice








The next regular conference of Court en Banc will be on August 30, 2011.





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