09/25/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2010-CA-01527-COA

Ken E. Cleveland, George T. Smith-Vaniz, M.D., and Jackson HMA, Inc., d/b/a Central Mississippi Medical Center v. Lanell Hamil, Individually and on Behalf of the Wrongful Death Beneficiaries of Emmett O. Hamil, Deceased, who are Entitled to Recover Under the Wrongful Death and Survival Statute; Hinds Circuit Court 1st District; LC Case #: 251-07-34CIV; Ruling Date: 06/07/2010; Ruling Judge: Winston Kidd; Majority Opinion: Maxwell, J. Disposition: The judgment of the Hinds County Circuit Court is reversed and rendered in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton and Fair, JJ., Concur. Russell, J., Concurs in Result Only Without Separate Written Opinion. Barnes, J., Not Participating.

Kathy Allegrezza v. Greenville Manufacturing Company and The Travelers Insurance Company; Washington Circuit Court; LC Case #: 9716356-H-2959; Ruling Date: 12/15/2010; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Carlton, J. Disposition: The judgment of the Washington County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur.

James Allen Higginbotham a/k/a James A. Higginbotham a/k/a James Higginbotham v. State of Mississippi; Winston Circuit Court; LC Case #: 2009-179-CV; Ruling Date: 08/16/2011; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Winston County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Winston County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur.

Richard E. Wilbourn, III v. Deanna A. Wilbourn, Elizabeth W. Williamson and Garnett W. Hutton; Lauderdale Chancery Court; LC Case #: 07-977-P; Ruling Date: 12/08/2009; Ruling Judge: Lawrence Primeaux; Disposition: The motion for rehearing is denied. Griffis, P.J., and Roberts, J., not participating. Order entered.

Kathy Lee v. G & K Services, Co.; Lincoln Circuit Court; LC Case #: 2008-575LT; Ruling Date: 06/10/2010; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Order entered.

Carl Keith Blackston and Joshua M. Stapleton v. George County, Mississippi; George Circuit Court; LC Case #: 2007-0165(2); Ruling Date: 01/26/2010; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Order entered.

State of Mississippi v. Joe Van Parkman; Marion Circuit Court; LC Case #: K09-208H; Ruling Date: 11/18/2010; Ruling Judge: Prentiss Harrell; Majority Opinion: Maxwell, J. Disposition: The judgment of the Marion County Circuit Court is reversed and remanded. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Russell and Fair, JJ., Concur. Ishee and Carlton, JJ., Not Participating.

Marcus Roberts v. State of Mississippi; Tate Circuit Court; LC Case #: CV2010-0113-BT; Ruling Date: 12/03/2010; Ruling Judge: Andrew Baker; Disposition: The motion for rehearing is denied. Order entered.

Earnest Ray Magee v. Covington County Bank; Covington Circuit Court; LC Case #: 2008-196C; Ruling Date: 03/25/2011; Ruling Judge: Eddie Bowen; Majority Opinion: Roberts, J. Disposition: This appeal is dismissed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Dissents With Separate Written Opinion, Joined by Barnes and Russell, JJ. Dissenting Opinion: Irving, P.J. Votes: Barnes and Russell, JJ., Join This Opinion.

Keith Kinard Cook a/k/a Keith Cook a/k/a Keith K. Cook v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2011-0025CD; Ruling Date: 04/05/2011; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Order entered.

Danny McGleachie v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2011-0121; Ruling Date: 04/14/2011; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied. Order entered.

Peavey Electronics Corporation A Self- Insurer v. Rachel Lott; Hinds Workers' Compensation Commission 1st District; LC Case #: 0602613-J-6970-D; Ruling Date: 03/02/2012; Ruling Judge: John Junkin, II; Disposition: Motion to Dismiss Appeal Without Prejudice is denied. It is further ordered that on the Court's own motion the appeal is suspended for thirty (30) days. Order entered.

Ray Anthony Chaney v. State of Mississippi; Jackson Circuit Court; LC Case #: 2011-00153(3); Ruling Date: 05/08/2012; Ruling Judge: Dale Harkey; Disposition: Pro se appellant's motion for in forma pauperis status, entitled "Motion to Consider Motion Requesting Leave to Proceed Informa Pauperis and Renewed Application for Informa Pauperis" is granted. Order entered.

Earl L. Barnes v. State of Mississippi; Jackson Circuit Court LC Case #2012-00,007(1) Dale Harkey; Disposition: On the Court's own motion the appeal is dismissed. All costs of this appeal are assessed to the appellant. Order entered.

Timothy Lavon Bell v. State of Mississippi; Scott Circuit Court; LC Case #: 11-CR-068-SC-G; Ruling Date: 06/15/2012; Ruling Judge: Marcus Gordon; Disposition: Appellant's motion for reconsideration, entitled "Motion for Rehearing," is granted. The appellant is granted in forma pauperis status. Order entered.