08/02/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Greenlee, Jim M.
XX  2014-CA-01190-COA

Edward Springer v. Ausbern Construction Co., Inc.; Chickasaw Circuit Court 1st District; LC Case #: H2012-044; Ruling Date: 05/08/2014; Ruling Judge: Andrew Howorth; Majority Opinion: Greenlee, J. Disposition: The judgment of the Chickasaw County Circuit Court, First Judicial District, is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Irving, P.J., Barnes, Ishee, Carlton and James, JJ., Concur. Lee, C.J., and Fair, J., Concur in Result Only Without Separate Written Opinion. Griffis, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Wilson, J., Concurs in Part and in the Result With Separate Written Opinion, Joined by Lee, C.J., Griffis, P.J. and Fair, J. Concurring in Part and in Result Opinion: Wilson, J. Votes: Lee, C.J., Griffis, P.J., and Fair, J., Join This Opinion.

Wilkinson County Senior Care, LLC, Trend Consultants, LLC and Charles Bruce Kelly v. Edith Kirkland, Individually, and on Behalf of and for the Use and Benefit of the Wrongful Death Beneficiaries of Maggie Glidewell; Wilkinson Circuit Court; LC Case #: 2014-0130; Ruling Date: 03/31/2015; Ruling Judge: Lillie Sanders; Majority Opinion: Ishee, J. Disposition: The judgment of the Wilkinson County Circuit Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Griffis, P.J., Barnes, Carlton, Fair, Wilson and Greenlee, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Irving, P.J., Dissents Without Separate Written Opinion.

Jamie Cartell Payne a/k/a Jamie Payne a/k/a Jamie C. Payne v. State of Mississippi; Lamar Circuit Court; LC Case #: 2010K-525P; Ruling Date: 03/25/2015; Ruling Judge: Anthony Mozingo; Majority Opinion: Ishee, J. Disposition: The judgment of the Lamar County Circuit Court of conviction of robbery and sentence of fifteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Lamar County. Votes: Lee, C.J., Griffis, P.J., Carlton, Fair, James and Greenlee, JJ., Concur. Barnes and Wilson, JJ., Concur in Part and in the Result Without Separate Written Opinion. Irving, P.J., Dissents Without Separate Written Opinion.

Robert W. Triplett a/k/a Robert Warren Triplett, Jr. a/k/a Robert Triplett, Jr. a/k/a Robert Triplett a/k/a Robert W. Triplett, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0132-CR1C; Ruling Date: 11/14/2014; Ruling Judge: Lee Coleman; Majority Opinion: Lee, C.J. Disposition: The judgment of the Lowndes County Circuit Court of conviction of exploitation of a child and sentence of forty years in the custody of the Mississippi Department of Corrections, to run consecutively to any sentence currently being served, and to pay a $50,000 fine, is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Irving and Griffis, P.JJ., Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Donald William White, Jr. a/k/a Donald William White a/k/a Donald White v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 031-14; Ruling Date: 01/26/2015; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Circuit Court of Lauderdale County of conviction of selling one-tenth of a gram of methamphetamine and sentence, as an enhanced offender, of fifteen years in the custody of the Mississippi Department of Corrections, to run consecutively to a prior sentence, and to pay a fine of $2,500, is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Cathy F. Roberts v. Public Employees' Retirement System of Mississippi ; Hinds Circuit Court 1st District; LC Case #: 251-13-437-CIV-TG; Ruling Date: 03/24/2015; Ruling Judge: Tomie Green; Majority Opinion: Lee, C.J. Disposition: The judgment of the Hinds County Circuit Court, First Judicial District, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair and Greenlee, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Wilson, J., not participating.

John Bevalaque a/k/a John McAndrew Bevalaque a/k/a John M. Bevalaque a/k/a John Andrew Bevalaque v. State of Mississippi; Rankin Circuit Court; LC Case #: 2014-325 C; Ruling Date: 03/24/2015; Ruling Judge: William Chapman, III; Majority Opinion: Lee, C.J. Disposition: The judgment of the Rankin County Circuit Court dismissing the motion for postconviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Anthony Owen Pullen v. Stephanie Lake Pullen; DeSoto Chancery Court; LC Case #: 13-CV-2057-ML; Ruling Date: 03/04/2015; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James, Wilson and Greenlee, JJ., Concur.

Patrick Fluker a/k/a Patrick Dantre Fluker a/k/a Patrick D. Fluker v. State of Mississippi; Forrest Circuit Court; LC Case #: CI13-0066; Ruling Date: 12/17/2013; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied.

Robert H. Hardin, Jr. v. Betty Grantham (Hardin); Carroll Chancery Court 1st District; LC Case #: 6670; Ruling Date: 03/12/2014; Ruling Judge: Joseph Kilgore; Disposition: The motion for rehearing is denied.

Nortrax South, Inc. v. Thornhill Forestry Service, Inc.; Marion Circuit Court; LC Case #: 2008-0478P; Ruling Date: 08/29/2014; Ruling Judge: Anthony Mozingo; Disposition: The motion for rehearing is denied.

Willie Earl Taylor v. State of Mississippi; Rankin Circuit Court; LC Case #: 26,693/1; Ruling Date: 03/24/2016; Ruling Judge: John Emfinger; Disposition: This appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to Rankin County. Order entered.