Supreme Court of Missouri
en banc

August 23, 2016

OPINION BY WILSON, J.
SC95221	State of Missouri, Respondent, vs. Roscoe R. Meeks, Appellant.
	VACATED AND REMANDED. All concur.

PER CURIAM
SC94038	Brentwood Glass Company, Inc., Appellant, vs. Pal's Glass Service, Inc., Defendant, Clayco, Inc., Cornerstone VI, LLC, St. Louis County, National City Bank of the Midwest, N.A., Paul M. Macon, UMB Bank, N.A., and Victor Zarilli, Respondents.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. Fischer and Wilson, JJ., concur; Breckenridge, C.J., concurs in part and dissents in part in separate opinion filed; Stith, J., concurs in opinion of Breckenridge, C.J.; Draper, J., concurs in part and dissents in part in separate opinion filed; Teitelman and Russell, JJ., concur in opinion of Draper, J.

SC94115	City of Harrisonville, Appellant-Respondent, vs. McCall Service Stations d/b/a Big Tank Oil, et al., Respondent-Appellant, the Missouri Petroleum Storage Tank Insurance Fund, Respondent-Appellant.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. Breckenridge, C.J., Stith, Draper and Russell, JJ., concur; Wilson, J., concurs in part in separate opinion filed; Fischer, J., concurs in part and dissents in part in separate opinion filed; Teitelman, J., concurs in part and dissents in part in separate opinion filed.

SC95318	State of Missouri, Respondent, vs. Amanda N. Bazell, Appellant.
	AFFIRMED IN PART; REVERSED IN PART; REMANDED. All concur.

APPLICATIONS FOR TRANSFER AND RECOMMENDATIONS FOR TRANSFER
SC95719	State of Missouri, Appellant, vs. Phillip Douglass, Respondent, and Jennifer M. Gaulter, Respondent.
	Respondents' application for transfer from the Missouri Court of Appeals, No. WD78328 consolidated with WD78329, sustained and cause ordered transferred.

SC95723	Lisa M. Howes, Appellant, vs. John M. Howes, Respondent, and Betty Jo Howes, Defendant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD78506, denied.

SC95727	State ex rel. Linda Parrott, Relator, vs. The Honorable Sandra Martinez, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED104007, denied.

SC95734	Regional Convention and Sports Complex Authority, Respondent, vs. City of St. Louis, Respondent, Jeanette Oxford, et al., Appellants.
	Appellants' application for transfer from the Missouri Court of Appeals, No. ED103320, sustained and cause ordered transferred. Cause ordered retransferred to the Missouri Court of Appeals, Eastern District, for reconsideration in light of State of Missouri ex rel. Attorney General Chris Koster and the Missouri Petroleum Storage Tank Insurance Fund Board of Directors, Respondents, vs. ConocoPhillips Company and Phillips 66 Company, Respondents, and Cory Wagoner, Appellant, SC95444, (decided June 28, 2016).

SC95747	Virginia Bukovac, Respondent, vs. Kansas City Live, LLC, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD78882, denied.

SC95748	In the Matter of the Richard H. Goldstein Trust. Richard H. Goldstein, Appellant/Cross-Respondent, vs. Bank of America, N.A., Respondent, Carol G. Jones, et al., Respondents/Cross-Appellants.
	Appellant/Cross-Respondent's application for transfer from the Missouri Court of Appeals, No. ED102989 consolidated with ED103014, denied. Respondents/Cross-Appellants' application for transfer from the Missouri Court of Appeals, No. ED102989 consolidated with ED103014, denied.

SC95750	James Yowell, Respondent, vs. Missouri Department of Corrections, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD79200, denied. Appellant's application for transfer from the Missouri Court of Appeals, No. WD79200, denied.

SC95755	David and Crystal Holm, Respondents, vs. Wells Fargo Home Mortgage, Inc., and Federal Home Loan Mortgage Corporation (Freddie Mac), Appellants.
	Appellant Wells Fargo Home Mortgage, Inc.'s application for transfer from the Missouri Court of Appeals, No. WD78666, sustained and cause ordered transferred.

SC95756	State of Missouri, Respondent, vs. Tyron L. Skinner, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD78006, denied.

 

SC95757	City of Slater, Missouri Municipal League, Christine Cates, Barbara Shaeffer, and Jacob K. Albarelli, Appellants, vs. State of Missouri, Office of State Courts Administrator, and Missouri Sheriffs' Retirement System, Respondents.
	Appellants' application for transfer from the Missouri Court of Appeals, No. WD78016, denied.

SC95758	State of Missouri ex rel. Tivol Plaza, Inc., Appellant, vs. Missouri Commission on Human Rights, et al., Respondents.
	Respondents Missouri Commission on Human Rights and Alisa Warren's application for transfer from the Missouri Court of Appeals, No. WD78477, sustained and cause ordered transferred. Appellant's application for transfer from the Missouri Court of Appeals, No. WD78477, sustained and cause ordered transferred. Respondent Karen Norton's application for transfer from the Missouri Court of Appeals, No. WD78477, sustained and cause ordered transferred.

SC95759	State of Missouri ex rel. Caesars Entertainment Operating Co., Inc., et al., Appellants, vs. Missouri Commission on Human Rights, et al., Respondents.
	Respondents Missouri Commission on Human Rights and Alisa Warren's application for transfer from the Missouri Court of Appeals, No. WD78693, sustained and cause ordered transferred. Appellants' application for transfer from the Missouri Court of Appeals, No. WD78693, sustained and cause ordered transferred.

SC95761	State of Missouri, Respondent, vs. Keith A. Coday, Appellant.
	Respondent's application for transfer from the Missouri Court of Appeals, No. WD77619, denied.

SC95762	State of Missouri, Respondent, vs. William Melvin Shivers, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. WD78121, denied.

SC95763	Thomas DeWayne Freeman, Appellant, vs. State of Missouri, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. SD33924, denied.

SC95769	State of Missouri, Respondent, vs. Tyrone Benedict, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED102488, denied.

SC95770	Mita Biswas, Appellant, vs. Division of Employment Security, Respondent.
	Respondent's application for transfer from the Missouri Court of Appeals, No. ED103350, denied.

SC95771	Keith Jackson, Appellant, vs. Dennis J. Barton III, Respondent.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED103370, sustained and cause ordered transferred.

SC95773	Jean-Robert Nast by and through his guardian Jan Freeman, Respondent, vs. Gateway Ambulance Service, LLC, et al., Respondents, Certain Underwriters at Lloyd's London, Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED103102, sustained and cause ordered transferred. Cause ordered retransferred to the Missouri Court of Appeals, Eastern District, for reconsideration in light of State of Missouri ex rel. Attorney General Chris Koster and the Missouri Petroleum Storage Tank Insurance Fund Board of Directors, Respondents, vs. ConocoPhillips Company and Phillips 66 Company, Respondents, and Cory Wagoner, Appellant, SC95444, (decided June 28, 2016).

SC95774	Crafton Contracting Company and Vogel Sheet Metal & Heating, Inc., Appellants, vs. Swenson Construction Company, Inc., Allen Edmonds Corporation, and Plaza Frontenac Acquisition, LLC, Respondents.
	Respondents' application for transfer from the Missouri Court of Appeals, No. ED102910, denied.

SC95776	SKMDV Holdings, Respondent, vs. Green Jacobson, P.C., Appellant.
	Appellant's application for transfer from the Missouri Court of Appeals, No. ED102493, denied.

SC95777	Robert L. Johnson, Respondent/Cross-Appellant, vs. Auto Handling Corporation, Cross-Respondent, and Cottrell, Inc., Appellant/Cross-Respondent.
	Respondent/Cross-Appellant's application for transfer from the Missouri Court of Appeals, No. ED101018, sustained and cause ordered transferred.

SC95778	Christelle E. Fortenberry, Appellant, vs. Board of Education of the Hazelwood School District, Respondent.
	Appellant's amended application for transfer from the Missouri Court of Appeals, No. ED102987, denied.

WRITS AND OTHER ORIGINAL PROCEEDINGS
SC95744	State ex rel. Ecology Auto Parts, Inc., Heavy Duty Rebuilders Supply, Inc., B.A. Dayco, Inc. and Ace Doran Hauling and Rigging Company, Relators, vs. The Honorable Michael O'Brien Hendrickson, Respondent.
	Petition for writ of prohibition or, in the alternative, mandamus denied.

SC95772	State ex rel. VitalSpirit LLC, Lorna Fogg and Robin Thorne, Relators, vs. The Honorable Marco A. Roldan, Respondent.
	Petition for writ of prohibition denied.

SC95775	State ex rel. Patrick T. Queenan, Relator, vs. The Honorable Joseph S. Dueker, Respondent.
	Petition for writ of prohibition denied.

SC95783	State ex rel. Anthony W. Bowman, Relator, vs. The Honorable Timothy W. Inman, Respondent.
	Petition for writ of prohibition sustained. Preliminary writ of prohibition ordered to issue returnable to Court en Banc in thirty days.

SC95784	State ex rel. David Deaver, Relator, vs. The Honorable Lawrence J. Permuter, Respondent.
	Petition for writ of prohibition or mandamus denied.

SC95753	State ex rel. Michael Condron, Relator, vs. The Honorable Vernon E. Scoville III, Respondent.
	Petition for writ of prohibition denied.

SC95787	State ex rel. City of Liberty, Missouri, Relator, vs. The Honorable David Paul Chamberlain, Respondent.
	Petition for writ of prohibition or, in the alternative, mandamus denied.

SC95797	State ex rel. Tamell Campbell, Relator, vs. The Honorable Michael K. Mullen, Respondent.
	Petition for writ of mandamus or, in the alternative, prohibition denied.

SC95846	State ex rel. Troy Daye, Relator, vs. The Honorable Christine Carpenter, Respondent.
	Petition for writ of prohibition or, in the alternative, mandamus denied.

 
 

MOTIONS
SC95690	State of Missouri, Appellant, vs. Rayan M. Alqabbaa, Respondent.
	Respondent's motion for leave to file application for transfer out of time overruled.

SC93118	Rodney P. McIntosh, Appellant, vs. State of Missouri, Respondent.
	Appellant's motion to recall the mandate overruled.

 
 

SC63320	State of Missouri, Respondent, vs. Anthony Morris, Appellant.
	Appellant's motion to recall the mandate overruled.

Day - to - Day,

____________________________________
Patricia Breckenridge
Chief Justice