07/17/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2006-CA-01309-COA

John S. Fair, Jr. v. Lighthouse Carwash Systems, LLC, Lighthouse Carwash of Mississippi, Inc., and Larry Taylor; Rankin Circuit Court; LC Case #: 2005-290(R); Ruling Date: 07/13/2006; Ruling Judge: Samac Richardson; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Rankin County is reversed and remanded. All costs of this appeal are assessed to appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Harold Ousley v. State of Mississippi; Washington Circuit Court; LC Case #: 2003-260; Ruling Date: 07/21/2004; Ruling Judge: W. Hines; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Washington County of conviction of count one, murder and sentence of a term of life, and count two, possession of a firearm by a convicted felon and sentence of a term of three (3) years in the custody of the Mississippi Department of Corrections, with counts one and two to run consecutively to each other is affirmed. All costs of this appeal are assessed to Washington County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur.

Waffle House, Inc., Self-Insured v. Kimberly Allam; Hinds Circuit Court 1st District; LC Case #: 251-05-1034; Ruling Date: 04/17/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed and this cause is remanded to the Mississippi Workers' Compensation Commission for a determination of benefits. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur.

James Ray Edge, Jr. a/k/a Buddy v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV05-117AI; Ruling Date: 12/08/2005; Ruling Judge: Sharion Aycock; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Itawamba County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Itawamba County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Reno Siggers v. Christopher Epps, Lawrence Kelly and Lola Nelson; Sunflower Circuit Court; LC Case #: 2006-0053-M; Ruling Date: 06/13/2006; Ruling Judge: W. Hines; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Sunflower County is reversed and remanded. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Anthony Tolliver, on Behalf of the Wrongful Death Beneficiaries of Shirley Ann Tolliver Green v. John Mladineo, M.D. and John Christopher Hancock, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-02-1657CIV; Ruling Date: 04/21/2005; Ruling Judge: W. Yerger; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Hinds County of dismissal with prejudice is affirmed and the denial of appellee/cross-appellant's motion to dismiss is reversed and vacated on cross-appeal. All costs of this appeal are assessed to the appellant/cross-appellee. Votes: Chandler, Griffis, Ishee, Roberts and Carlton, JJ., concur. Irving, J., dissents with separate written opinion, joined by Lee, P.J. King, C.J., dissents without separate written opinion. Barnes, J., not participating. Dissenting Opinion: Irving, J. Votes: Lee, P.J., joins this opinion.

Robert Williams v. Hugh R. Thompson, Ike Long and State Farm Fire & Casualty Company; Leflore Circuit Court; LC Case #: 2001-0047-(L); Ruling Date: 09/22/2005; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Lee, P.J. Disposition: The judgment of the Leflore County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Chandler, Barnes, Ishee, Roberts and Carlton, JJ., concur. Griffis, J., not participating.

Jimmy L. Lancaster v. J. Joshua Stevens, Jr. and H. Scott Ross; Clay Circuit Court; LC Case #: 11,649; Ruling Date: 03/30/2006; Ruling Judge: Henry Lackey; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Clay County is affirmed in part and reversed and remanded in part for a determination of whether damages are owed to appellant and for determination on the issue of intentional infliction of emotional distress. All costs of this appeal are assessed to the appellees. Votes: Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. King, C.J. and Chandler, J., not participating.

Lenzy Louis Hodgin v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2006-0118-M; Ruling Date: 10/13/2006; Ruling Judge: Richard Smith; Majority Opinion: Lee, P.J. Disposition: The judgment of the Sunflower County Circuit Court denying the motion for lack of jurisdiction is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: King, C.J., Myers, P.J., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Sammie Johnson a/k/a Sammie Lee Johnson v. State of Mississippi; Marshall Circuit Court; LC Case #: M2003-540; Ruling Date: 12/02/2005; Ruling Judge: Andrew Howorth; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Marshall County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Marshall County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Brenda Joyce Smith Tate v. State of Mississippi; Monroe Circuit Court; LC Case #: CV05-151AM; Ruling Date: 12/13/2005; Ruling Judge: Sharion Aycock; Majority Opinion: King, C.J. Disposition: The judgment of the Monroe County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Monroe County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Willie A. Magee a/k/a Jim Dandy v. State of Mississippi; Walthall Circuit Court; LC Case #: 2003-38A; Ruling Date: 01/05/2004; Ruling Judge: Keith Starrett; Disposition: The appellant's motion for rehearing is denied. Order entered.

Linda Stribling v. Carl William Stribling; Madison Chancery Court; LC Case #: 098406; Ruling Date: 02/09/2005; Ruling Judge: Janace Goree; Disposition: The appellant's motion for rehearing is denied. Lee, P.J., would grant. Carlton, J., not participating. Order entered.

Franklin E. Chalk, Frederick D. Feinstein, Roy A. Graham, Billy Joe Gressett, Donald E. Jones, Langford L. Knight, F. Gregory Malta, William F. Parten, Robert E. Pierce, Roger E. Shirley, Charles F. Speed and Aaron K. Wilson v. David J. Bertholf and Joe H. Bryant, Jr.; Lauderdale Circuit Court; LC Case #: 03-CV-094(R); Ruling Date: 08/09/2005; Ruling Judge: C. Morgan, III; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Lauderdale County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Irving, Chandler, Ishee and Carlton, JJ., concur. Griffis, J., dissents with separate written opinion, joined by Lee, P.J.; Barnes, J. joins in part. Roberts, J., not participating. Dissenting Opinion: Griffis, J. Votes: Lee, P.J., joins this opinion. Barnes, J., joins this opinion in part.

Kathi L. Acy v. Mississippi Employment Security Commission; Rankin Circuit Court; LC Case #: 2005-125-C; Ruling Date: 09/16/2005; Ruling Judge: William Chapman, III; Consolidated with 2005-CC-02378-COA Mississippi Department of Employment Security v. Kathi L. Acy; Rankin Circuit Court; LC Case #: 2005-0173-C; Ruling Date: 11/01/2005; Ruling Judge: William Chapman, III; Majority Opinion: Irving, J. Disposition: The motion for rehearing is denied. However, the previous opinion is withdrawn and this opinion is substituted therefor. The judgment of the Circuit Court of Rankin County is reversed and remanded to the Mississippi Department of Employment Security for a determination of the amount of benefits due appellant. All costs of this appeal are assessed to the appellee. Votes: Lee, P.J., Chandler and Ishee, JJ., concur. Griffis, J., dissents with separate written opinion, joined by Myers, P.J. and Roberts, J. King, C.J., Barnes and Carlton, JJ., not participating. Dissenting Opinion: Griffis, J. Votes: Myers, P.J. and Roberts, J., join this opinion.

Mississippi Department of Transportation v. Shirley Rutland; Hinds Circuit Court 1st District; LC Case #: 251-04-1297; Ruling Date: 09/28/2005; Ruling Judge: Bobby DeLaughter; Disposition: The appellant's motion for rehearing is denied. Order entered.

June H. McMurphy v. Three Rivers Planning and Development District, Inc.; Pontotoc Chancery Court; LC Case #: 2004-0302-58-M; Ruling Date: 10/18/2005; Ruling Judge: Jacqueline Mask; Disposition: The appellant's motion for rehearing is denied. Lee, P.J., would grant. Barnes and Carlton, JJ., not participating. Order entered.