09/02/2014 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2013-CA-00032-COA

In the Matter of the Last Will and Testament of J.T. Smith, Deceased: Jeanette W. Brown and Edward J. Wilson, Jr. v. Virginia K. Jones, Suzette Jones Marlar, Annette Stringer and Virginia Ann Finzel; Alcorn Chancery Court; LC Case #: 2006-0308(02)-MM; Ruling Date: 06/06/2012; Ruling Judge: C. Malski; Majority Opinion: James, J. Disposition: The judgment of the Alcorn County Chancery Court is affirmed on direct appeal and cross-appeal. All costs of this appeal are assessed equally between the appellants/cross-appellees and the appellees/cross-appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Carl Anthony Houston, Jr. a/k/a Carl Anthony Houston v. State of Mississippi; Leake Circuit Court; LC Case #: 12-CR-101-LE-C; Ruling Date: 01/15/2013; Ruling Judge: Vernon Cotten; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Leake County of conviction of business burglary and sentence of seven years in the custody of the Mississippi Department of Corrections, and to pay a fine of $1,500, is affirmed. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part.

Martez C. Henderson a/k/a Martez Henderson v. State of Mississippi; Madison Circuit Court; LC Case #: CI2012-0318-JE; Ruling Date: 02/08/2013; Ruling Judge: John Emfinger; Majority Opinion: Irving, P.J. Disposition: The judgment of the Madison County Circuit Court denying the motion for post-conviction relief is reversed and rendered, and this case is remanded to the active docket of Madison County. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Clement B. Saucier, Jr. v. The Peoples Bank of Biloxi, Mississippi, The Wallace Steve Sekul Family Trust, Elizabeth Sekul, Individually and Thomas J. Sliman, Individually; Jackson Circuit Court; LC Case #: 2009-00161(2); Ruling Date: 10/25/2011; Ruling Judge: Kathy Jackson; Disposition: The motions for rehearing are denied.

Russell Gary O'Brien v. Teri Suzanne O'Brien; Lamar Chancery Court; LC Case #: 2011-0042-GN-W; Ruling Date: 03/19/2012; Ruling Judge: Johnny Williams; Disposition: The motion for rehearing is denied.

Brian Aldridge and Touched by an Angel Ministries, Inc. v. Clarke Aldridge, Administrator of the Estate of Florence A. Aldridge Deceased:; Lee Chancery Court; LC Case #: 08-1944-41-MM; Ruling Date: 05/23/2012; Ruling Judge: C. Malski; Disposition: The motion for rehearing is denied. Carlton, J., not participating.

Jerry Williams, as Administrator of the Estate of Phillip C. Hosch v. Mueller Copper Tube Company, Inc. and Mueller Industries, Inc.; Itawamba Circuit Court; LC Case #: CV12-181(R)I; Ruling Date: 10/31/2012; Ruling Judge: James Roberts, Jr.; Disposition: The motion for rehearing is denied. Barnes, J., not participating.

Ruben Whittle v. Tango Transport and Zurich American Insurance Company; Harrison Circuit Court 1st District; LC Case #: A2401-2011-00054; Ruling Date: 12/18/2012; Ruling Judge: Lisa Dodson; Disposition: The motion for rehearing is denied. Carlton, J., would grant.

John Thomas Rainey, Jr. a/k/a John T. Rainey, Jr. a/k/a John T. Rainey a/k/a John Rainey, Jr. a/k/a John Rainey v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2012-278RCD; Ruling Date: 01/24/2013; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied.

Lowndes County, Mississippi by and Through its Board of Supervisors v. Hal H.H. McClanahan, III, McClanahan Camp, LLC, Julie Gartman and Dennis Gartman; Lowndes Circuit Court; LC Case #: 2012-0026-CV1; Ruling Date: 02/04/2013; Ruling Judge: Henry Lackey; Disposition: The motion for rehearing is denied. Carlton, J., would grant.

Jonathan Spencer Shotts v. City of Madison, Mississippi; Madison Circuit Court; LC Case #: 2012-0243-C; Ruling Date: 03/01/2013; Ruling Judge: William Chapman, III; Majority Opinion: Fair, J. Disposition: The judgment of the Madison County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Irving and Griffis, P.JJ., Ishee, Roberts and Maxwell, JJ., Concur. James, J., Dissents With Separate Written Opinion, Joined by Lee, C.J., and Barnes, J. Carlton, J., Not Participating. Dissenting Opinion: James, J. Votes: Lee, C.J., and Barnes, J., Join This Opinion.