08/30/2022 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, Joel, J.
X  2021-CP-00398-COA

Cornelius Belmer v. State of Mississippi; Leake Circuit Court; LC Case #: 20-cv-216-LE-BB; Ruling Date: 03/25/2021; Ruling Judge: Caleb May; Majority Opinion: Smith, J. Disposition: Appeal Dismissed. Leake County taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Greenlee, Westbrooks, McDonald, Lawrence, McCarty and Emfinger, JJ., Concur.

Cornelius Belmer v. State of Mississippi; Leake Circuit Court; LC Case #: 20-CV-216-LE-BB; Ruling Date: 10/21/2020; Ruling Judge: Brian Burns; Majority Opinion: Lawrence, J. Disposition: Affirmed. Leake County taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Greenlee, McDonald, McCarty, Smith and Emfinger, JJ., Concur. Westbrooks, J., Concurs in Result Only Without Separate Written Opinion.

Simpson County School District v. Joanna Wigley, as the Natural Mother and Adult Next Friend of J.L.H., a Minor; Simpson Circuit Court; LC Case #: 64CI1:17-cv-00266-SS; Ruling Date: 12/02/2020; Ruling Judge: Stanley Sorey; Majority Opinion: McDonald, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Barnes, C.J., Wilson, P.J., Greenlee, Smith and Emfinger, JJ., Concur. Westbrooks, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Lawrence, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Westbrooks, J. McCarty, J., Dissents With Separate Written Opinion, Joined by Carlton, P.J.; Westbrooks and Lawrence, JJ., Join In Part. Concurring in Part and Dissenting in Part Opinion: Lawrence, J. Votes: Westbrooks, J., Joins This Opinion. Dissenting Opinion: McCarty, J. Votes: Carlton, P.J., Joins This Opinion. Westbrooks and Lawrence, JJ., Join This Opinion in Part.

Charlie Wilson, as Administrator of the Estate of Willie Wilson and on Behalf of the Wrongful Death Beneficiaries of Willie Wilson v. Lexington Manor Senior Care, LLC; Holmes Circuit Court; LC Case #: 2017-0245; Ruling Date: 12/10/2020; Ruling Judge: Barry Ford; Majority Opinion: Westbrooks, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Barnes, C.J., Wilson, P.J., Greenlee, McDonald, Lawrence, McCarty and Smith, JJ., Concur. Carlton, P.J., and Emfinger, J., Concur in Result Only Without Separate Written Opinion.

Roy McNair, Sr. a/k/a Roy McNair v. State of Mississippi; Forrest Circuit Court; LC Case #: 18CI1:19-cr-00226-1; Ruling Date: 09/01/2021; Ruling Judge: Jon Weathers; Majority Opinion: Greenlee, J. Disposition: Affirmed. Forrest County taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Westbrooks, McDonald, Lawrence, McCarty, Smith and Emfinger, JJ., Concur.

David Perkins a/k/a David Leon Perkins v. State of Mississippi; Rankin Circuit Court; LC Case #: 29367; Ruling Date: 08/13/2019; Ruling Judge: Steve Ratcliff, III; Majority Opinion: Barnes, C.J. Disposition: Affirmed. Rankin County taxed with costs of appeal. Votes: Carlton and Wilson, P.JJ., Greenlee, Westbrooks, McDonald, Lawrence, McCarty and Smith, JJ., Concur. Emfinger, J., Not Participating.

BBM Ventures, LLC, Ballery Bully and Greta Bully v. Herb Frierson, in his Official Capacity as the Commissioner of Revenue of the Mississippi Department of Revenue; Hinds Chancery Court 1st District; LC Case #: 25CH1:17-cv-00971; Ruling Date: 02/04/2021; Ruling Judge: J. Thomas; Majority Opinion: Barnes, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Wilson, P.J., Greenlee, Lawrence, Smith and Emfinger, JJ., Concur. Westbrooks and McDonald, JJ., Dissent Without Separate Written Opinion. Carlton, P.J., and McCarty, J., Not Participating.

Derrick D. Luckett v. State of Mississippi; Madison Circuit Court; LC Case #: 45CI1:21-cv-00022-JM; Ruling Date: 10/07/2021; Ruling Judge: M. Mills; Majority Opinion: Barnes, C.J. Disposition: Affirmed. Madison County taxed with costs of appeal. Votes: Carlton and Wilson, P.JJ., Greenlee, Westbrooks, McDonald, Lawrence, McCarty and Smith, JJ., Concur. Emfinger, J., Not Participating.

Roy Hal Parker, Jr., as Conservator of the Estate of William Matthew Ross, a vulnerable adult and incompetent to manage his affairs; James Hal Ross, Jr.; and Jason Hurdle Ross v. Suzanne Dickson Ross, Individually, as Trustee of the James Hal Ross Revocable Trust, as Executrix of the Estate of James Hal Ross, and as Member/Manager of H and S I, LLC, H & S II, LLC, H & S III, LLC, and H & S IV, LLC; H and S I, LLC; H & S II, LLC; H & S III, LLC; H & S IV, LLC; Thomas W. Dallas; Fred M. Harrell, Jr.; Pinnacle Trust Company Inc.; Pinnacle Holding Company, LLC d/b/a Pinnacle Trust Company; and Pinnacle Holding Company Inc.; Rankin Chancery Court; LC Case #: 61CH1:18-cv-01110; Ruling Date: 08/28/2020; Ruling Judge: Haydn Roberts; Disposition: The motion for rehearing filed by H and S I LLC is denied. Barnes, C.J., Wilson, P.J., and Emfinger, J., would grant.

Roy Hal Parker, Jr., as Conservator of the Estate of William Matthew Ross, a vulnerable adult and incompetent to manage his affairs; James Hal Ross, Jr.; and Jason Hurdle Ross v. Suzanne Dickson Ross, Individually, as Trustee of the James Hal Ross Revocable Trust, as Executrix of the Estate of James Hal Ross, and as Member/Manager of H and S I, LLC, H & S II, LLC, H & S III, LLC, and H & S IV, LLC; H and S I, LLC; H & S II, LLC; H & S III, LLC; H & S IV, LLC; Thomas W. Dallas; Fred M. Harrell, Jr.; Pinnacle Trust Company Inc.; Pinnacle Holding Company, LLC d/b/a Pinnacle Trust Company; and Pinnacle Holding Company Inc.; Rankin Chancery Court; LC Case #: 61CH1:18-cv-01110; Ruling Date: 08/28/2020; Ruling Judge: Haydn Roberts; Disposition: The motion for rehearing filed by Pinnacle Trust Company is denied. Barnes, C.J., Wilson, P.J., and Emfinger, J., would grant.

Roy Hal Parker, Jr., as Conservator of the Estate of William Matthew Ross, a vulnerable adult and incompetent to manage his affairs; James Hal Ross, Jr.; and Jason Hurdle Ross v. Suzanne Dickson Ross, Individually, as Trustee of the James Hal Ross Revocable Trust, as Executrix of the Estate of James Hal Ross, and as Member/Manager of H and S I, LLC, H & S II, LLC, H & S III, LLC, and H & S IV, LLC; H and S I, LLC; H & S II, LLC; H & S III, LLC; H & S IV, LLC; Thomas W. Dallas; Fred M. Harrell, Jr.; Pinnacle Trust Company Inc.; Pinnacle Holding Company, LLC d/b/a Pinnacle Trust Company; and Pinnacle Holding Company Inc.; Rankin Chancery Court; LC Case #: 61CH1:18-cv-01110; Ruling Date: 08/28/2020; Ruling Judge: Haydn Roberts; Disposition: The motion for rehearing filed by Suzanne Dickson Ross is denied. Barnes, C.J., Wilson, P.J., and Emfinger, J., would grant.

Roy Hal Parker, Jr., as Conservator of the Estate of William Matthew Ross, a vulnerable adult and incompetent to manage his affairs; James Hal Ross, Jr.; and Jason Hurdle Ross v. Suzanne Dickson Ross, Individually, as Trustee of the James Hal Ross Revocable Trust, as Executrix of the Estate of James Hal Ross, and as Member/Manager of H and S I, LLC, H & S II, LLC, H & S III, LLC, and H & S IV, LLC; H and S I, LLC; H & S II, LLC; H & S III, LLC; H & S IV, LLC; Thomas W. Dallas; Fred M. Harrell, Jr.; Pinnacle Trust Company Inc.; Pinnacle Holding Company, LLC d/b/a Pinnacle Trust Company; and Pinnacle Holding Company Inc.; Rankin Chancery Court; LC Case #: 61CH1:18-cv-01110; Ruling Date: 08/28/2020; Ruling Judge: Haydn Roberts; Disposition: The motion for rehearing filed by Fred M. Harrell is denied. Barnes, C.J., Wilson, P.J., and Emfinger, J., would grant.

Roy Hal Parker, Jr., as Conservator of the Estate of William Matthew Ross, a vulnerable adult and incompetent to manage his affairs; James Hal Ross, Jr.; and Jason Hurdle Ross v. Suzanne Dickson Ross, Individually, as Trustee of the James Hal Ross Revocable Trust, as Executrix of the Estate of James Hal Ross, and as Member/Manager of H and S I, LLC, H & S II, LLC, H & S III, LLC, and H & S IV, LLC; H and S I, LLC; H & S II, LLC; H & S III, LLC; H & S IV, LLC; Thomas W. Dallas; Fred M. Harrell, Jr.; Pinnacle Trust Company Inc.; Pinnacle Holding Company, LLC d/b/a Pinnacle Trust Company; and Pinnacle Holding Company Inc.; Rankin Chancery Court; LC Case #: 61CH1:18-cv-01110; Ruling Date: 08/28/2020; Ruling Judge: Haydn Roberts; Disposition: The motion for rehearing filed by Thomas W. Dallas is denied. Barnes, C.J., Wilson, P.J., and Emfinger, J., would grant.

Rebecca Finley v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 25CI1:19-cv-00039; Ruling Date: 12/31/2020; Ruling Judge: Isadore Patrick, Jr.; Disposition: The motion for rehearing is denied.

In the Interest of PXS, a Minor: John Smith v. Adams County Youth Court; Adams Youth Court; LC Case #: 1-YC-2021-D-2-1 (543332); Ruling Date: 02/04/2021; Ruling Judge: Walter Brown; Disposition: The motion for rehearing is denied.

C.D. Pickle, Jr. a/k/a Clanton D. Pickle Jr. a/k/a C.D. Pickle v. State of Mississippi; Leflore Circuit Court; LC Case #: 19107-CICR; Ruling Date: 06/07/2021; Ruling Judge: Richard Smith; Disposition: The motion for rehearing is denied.