10/13/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2008-CA-00580-COA

Billy Fred McCarrell v. Janie Annette Hyde McCarrell; DeSoto Chancery Court; LC Case #: 06-08-1362; Ruling Date: 01/14/2008; Ruling Judge: Vicki Cobb; Majority Opinion: Carlton, J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result.

Ken Covington and Mitch Mosley v. Cremonia Griffin; Kemper Chancery Court; LC Case #: 2006-0065; Ruling Date: 01/10/2008; Ruling Judge: J. Kilpatrick; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Kemper County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Carlton and Maxwell, JJ., concur. Griffis and Roberts, JJ., not participating.

Curley Camp, Howard Camp and Marty Tate d/b/a Tate Logging v. Clint Stokes; Monroe Chancery Court; LC Case #: CV2007-000458-JEM; Ruling Date: 05/20/2008; Ruling Judge: Jacqueline Mask; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Monroe County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., concur.

Phyllis Minter v. John C. Minter; Lamar Chancery Court; LC Case #: 2000-0233-GN-W; Ruling Date: 05/28/2008; Ruling Judge: Johnny Williams; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Lamar County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Ishee, Roberts and Maxwell, JJ., concur. Griffis, J., concurs in part and in the result. Carlton, J., concurs in result only.

Jesse Qualls Stigler, III v. Lisa Elaine Stigler; DeSoto Chancery Court; LC Case #: 94-9-984; Ruling Date: 04/07/2008; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the Chancery Court of DeSoto County is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., not participating.

Margaret A. Brooks v. Northwood Country Club and Mississippi Department of Employment Security Board of Review; Lauderdale Circuit Court; LC Case #: 07-CV-102(B); Ruling Date: 06/02/2008; Ruling Judge: Robert Bailey; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lauderdale County is affirmed. Votes: Lee and Myers, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. King, C.J., and Irving, J., dissent without separate written opinion.

John Edward Jones v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR01-042; Ruling Date: 10/23/2006; Ruling Judge: Sharion Aycock; Majority Opinion: Irving, J. Disposition: The judgment of the Itawamba County Circuit Court of conviction of possession of cocaine with intent to distribute and sentence of thirty years in the custody of the Mississippi Department of Corrections, with fifteen years suspended and five years of post-release supervision, is affirmed. All costs of this appeal are assessed to Itawamba County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

David Laneil Stuart v. Karon Alice Stuart; Leake Chancery Court; LC Case #: 2001-0125; Ruling Date: 04/02/2008; Ruling Judge: Cynthia Brewer; Majority Opinion: Myers, P.J. Disposition: The judgment of the Chancery Court of Leake County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., concurs in part and in the result.

Earl Dean Taylor v. First Chemical and National Union Fire Insurance Company; Jackson Circuit Court; LC Case #: 2007-00,078(3); Ruling Date: 05/27/2008; Ruling Judge: Dale Harkey; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Loretha Pauline Logan Murray v. State of Mississippi; Scott Circuit Court; LC Case #: 07-CR-054-SC-G; Ruling Date: 06/12/2008; Ruling Judge: Marcus Gordon; Majority Opinion: Lee, P.J. Disposition: The judgment of the Scott County Circuit Court of conviction of credit card fraud and sentence of three years in the custody of the Mississippi Department of Corrections and to pay a $1,000 fine and $1,000 in restitution to the victim is affirmed. All costs of this appeal are assessed to Scott County. Votes: King, C.J., Myers, P.J., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., concurs in part and in the result.

Desmond Keys v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2006-330-KR2; Ruling Date: 11/19/2007; Ruling Judge: Billy Landrum; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Jones County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections and to complete the Eighteenth District Circuit Court's Community Service Program if released before serving the full sentence is affirmed. All costs of this appeal are assessed to Jones County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Vincent P. Pontillo v. The Warehouse Bar & Grill, L.L.C.; Wayne Mays and Brandon Vinson; Hinds Circuit Court 1st District; LC Case #: 251-06-1105CIV; Ruling Date: 03/07/2008; Ruling Judge: W. Yerger; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Reginald D. Clay a/k/a Reginald Darnell Clay a/k/a Reginald Clay v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 752-06; Ruling Date: 04/17/2008; Ruling Judge: Robert Bailey; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Lauderdale County of conviction of possession of cocaine (2.37 grams) and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrections without eligibility for probation, parole, earned time, good-time credit, reduction or suspension is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Roberts, J., concurs in part and in the result.

In Re: Dissolution of DeMoville Partnership: Margaret DeMoville v. Dixie DeMoville Johnson; Chickasaw Chancery Court 2nd District; LC Case #: 2005-0014-2L; Ruling Date: 01/16/2007; Ruling Judge: Charles Thomas; Consolidated with 2007-CA-00189-COA In the Matter of Margie Allen DeMoville, Deceased: Margaret DeMoville v. Dixie Johnson; Chickasaw Chancery Court 2nd District; LC Case #: 2005-0014-2L; Ruling Date: 01/16/2007; Ruling Judge: Charles Thomas; Disposition: The motion for rehearing is denied. Order entered.

In the Matter of Margie Allen DeMoville, Deceased: Margaret DeMoville v. Dixie Johnson; Chickasaw Chancery Court 2nd District; LC Case #: 2005-0014-2L; Ruling Date: 01/16/2007; Ruling Judge: Charles Thomas; Consolidated with 2007-CA-00141-COA In Re: Dissolution of DeMoville Partnership: Margaret DeMoville v. Dixie DeMoville Johnson; Chickasaw Chancery Court 2nd District; LC Case #: 2005-0014-2L; Ruling Date: 01/16/2007; Ruling Judge: Charles Thomas; Disposition: The motion for rehearing is denied. Order entered.

James Britton v. American Legion Post 058, Post 058 Fire Protection District of Hancock County, Mississippi, John Does 1,2,&3, and X, Y, Z Corporations; Hancock Chancery Court; LC Case #: C2301-05-821(1); Ruling Date: 06/25/2007; Ruling Judge: James Persons; Disposition: The motion for rehearing is denied. Order entered.

Mississippi Transportation Commission v. Engineering Associates, a Division of Pickering Firm, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-05-232CN; Ruling Date: 07/27/2007; Ruling Judge: W. Yerger; Disposition: The motion for rehearing is denied. King, C.J., Lee, P.J., and Irving, J., would grant. Carlton, J., not participating. Order entered.

Kendall Wayne Pilgrim v. State of Mississippi; Neshoba Circuit Court; LC Case #: 08-CR-003-NS-C; Ruling Date: 03/20/2008; Ruling Judge: Vernon Cotten; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of Neshoba County of conviction of possession of methamphetamine and sentence as a second offender to sixteen years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: Lee, P.J., Irving, Barnes and Roberts, JJ., concur. Maxwell, J., concurs in part and in the result without separate written opinion. Carlton, J., dissents with separate written opinion joined by King, C.J., Griffis and Ishee, JJ. Dissenting Opinion: Carlton, J. Votes: King, C.J., Griffis and Ishee, JJ., join this opinion.

J. Criss Builder, Inc. and Janie Criss, Individually v. William P. White and Patricia L. White; Madison Circuit Court; LC Case #: CI-2003-0035; Ruling Date: 03/24/2008; Ruling Judge: Samac Richardson; Majority Opinion: Lee, P.J. Disposition: The judgment of the Madison County Circuit Court is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed equally to the appellants and appellees. Votes: King, C.J., Myers, P.J., Irving, Barnes and Ishee, JJ., concur. Maxwell, J., concurs in part and in the result. Griffis, J., dissents with separate written opinion joined by Roberts, J. Carlton, J., not participating. Dissenting Opinion: Griffis, J. Votes: Roberts, J., joins this opinion.

Wade Short v. Wilson Meat House, LLC and Bridgefield Casualty Insurance Company; Copiah Circuit Court; LC Case #: 2007-0364; Ruling Date: 06/30/2008; Ruling Judge: Lamar Pickard; Disposition: The motion for rehearing is denied. Griffis and Carlton, JJ., would grant. Order entered.