09/29/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Wilson, Jack L.
X  2014-CA-00817-COA

Jennifer Nicole Simmons Lowrey v. Ryan Simmons; Monroe Chancery Court; LC Case #: 08-0168-48-H; Ruling Date: 06/11/2014; Ruling Judge: John Hatcher; Majority Opinion: Wilson, J. Disposition: The judgment of the Monroe County Chancery Court is reversed and remanded on direct appeal and affirmed on cross-appeal. 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, Ishee, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion. Irving, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Jay Foster, PLLC v. Theresa McNair; LC Case #: 1202209-M-3856; Ruling Date: 08/20/2014; Majority Opinion: Wilson, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell, Fair and James, JJ., Concur. Ishee, J., Not Participating.

Enmon Enterprises and Travelers Property Casualty Company of America v. Jerry Snyder; LC Case #: 09 10708-K-6302-C; Ruling Date: 06/04/2014; Majority Opinion: James, J. Disposition: The judgment of the Workers' Compensation Commission is affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellants/cross-appellees and the appellee/cross-appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur.

Malcolm Cameron a/k/a Malcolm Andrew Cameron v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2013-0527-JE; Ruling Date: 11/25/2014; Ruling Judge: John Emfinger; Majority Opinion: Maxwell, J. Disposition: The judgment of the Madison County Circuit Court of conviction of driving under the influence, first offense, and sentence of forty-eight hours in the custody of the sheriff of Madison County, with the sentence suspended for two years, and conviction of careless driving and sentence to pay a $50 fine, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

Tracy Woods a/k/a Tracy A. Woods a/k/a Tracy Alan Woods v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2013-347-JE; Ruling Date: 11/24/2014; Ruling Judge: John Emfinger; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Madison County affirming the conviction of driving under the influence, first offense, and failure to signal, and sentence to serve forty-eight hours in the custody of the sheriff of Madison County, to successfully complete two years' probation and the Mississippi Alcohol Safety Education Program, and to pay a $950 fine is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

Cleondra Jasmine Carter v. Mario Robert Ramon Escovedo a/k/a Mario Escovedo; DeSoto Chancery Court; LC Case #: 14-CV-0337; Ruling Date: 10/31/2014; Ruling Judge: Vicki Daniels; Majority Opinion: Maxwell, J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed equally between the appellant and the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

James Hilliard v. State of Mississippi; Lafayette Circuit Court; LC Case #: L13-264; Ruling Date: 06/19/2014; Ruling Judge: Andrew Howorth; Majority Opinion: Carlton, J. Disposition: The judgment of the Lafayette County Circuit Court denying the motion for postconviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair, James and Wilson, JJ., Concur.

Ulyanda Moore v. Mississippi Department of Employment Security; Chickasaw Circuit Court 2nd District; LC Case #: 02014-027G; Ruling Date: 08/14/2014; Ruling Judge: John Gregory; Majority Opinion: Carlton, J. Disposition: The judgment of the Chickasaw County Circuit Court is affirmed. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Maxwell, Fair and Wilson, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Irving, P.J., Dissents Without Separate Written Opinion.

Demetrious Lawan Averett a/k/a Demetrious Lawon Averett a/k/a Eastwood Averett a/k/a Hemp Eastwood a/k/a Demetrious Averett a/k/a Demetrious Auerett v. State of Mississippi; Marion Circuit Court; LC Case #: K13-0027H; Ruling Date: 01/24/2014; Ruling Judge: Prentiss Harrell; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Marion County of conviction of burglary of a building other than a dwelling and sentence of seven years in the custody of the Mississippi Department of Corrections and to pay a $5,000 fine and $196.60 in restitution is affirmed. All costs of this appeal are assessed to Marion County. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur. Irving, P.J., Dissents Without Separate Written Opinion.

Barron Borden a/k/a Barron Lecour Borden a/k/a Bam v. State of Mississippi; Jackson Circuit Court; LC Case #: 2012-00,024(3); Ruling Date: 04/01/2014; Ruling Judge: Dale Harkey; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Jackson County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Stewart Chase Vaughn a/k/a Stewart C. Vaughn a/k/a Stewart Vaughn a/k/a Stuart Chase Vaughn v. State of Mississippi; Rankin Circuit Court; LC Case #: 24975; Ruling Date: 11/04/2013; Ruling Judge: John Emfinger; Majority Opinion: Irving, P.J. Disposition: The judgment of the Rankin County Circuit Court of conviction of the sale of methamphetamine and sentence as a habitual offender and a subsequent drug offender of sixty years in the custody of the Mississippi Department of Corrections and to pay a $10,000 fine is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part Without Separate Written Opinion.

Shelida McKinney v. Harold McKinney and Kim McKinney; Prentiss Chancery Court; LC Case #: 2013-126(59)L; Ruling Date: 01/15/2014; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Irving, P.J. Disposition: The judgment of the Chancery Court of Prentiss County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Maxwell, Fair, James and Wilson, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Tammie J. Crossley, John Templet, Jr. and XL Public Adjusters, Inc. A Mississippi Corporation v. Chrissi D. Moore, Individually and as Shareholder of and for and on Behalf of XL Public Adjusters, Inc.; Jackson Chancery Court; LC Case #: 2008-0166NH; Ruling Date: 06/05/2012; Ruling Judge: D. Harris, Sr.; Disposition: The motion for rehearing is denied. James, J., would grant.

Robert Silvia a/k/a Robert Wayne Silvia v. State of Mississippi; Walthall Circuit Court; LC Case #: 2010-43-PKT; Ruling Date: 11/28/2012; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing is denied.

James Thomas a/k/a James D. Thomas v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2013-0163-CVH; Ruling Date: 11/05/2013; Ruling Judge: Lee Howard; Disposition: On the Court's own motion, Appellant James Thomas's appeal, including his pending motion for rehearing, is hereby dismissed. All costs of this appeal are assessed to the appellant. Order entered.