10/27/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2008-CA-00799-COA

In the Matter of the Estate of Artis High, Deceased: Arbella High Watt v. Gracie Cobb, Joe High and David High; Pontotoc Chancery Court; LC Case #: 03-223-58-M; Ruling Date: 04/11/2008; Ruling Judge: Jacqueline Mask; Majority Opinion: Maxwell, J. Disposition: The judgment of the Chancery Court of Pontotoc County is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Joel D. Holloway v. Twyla M. Holloway; Jones Chancery Court 2nd District; LC Case #: 2006-0591; Ruling Date: 03/11/2008; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Jones County Chancery 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 between the parties. Votes: King, C.J., Lee and Myers, P.JJ., Griffis and Barnes, JJ., concur. Irving, Ishee and Maxwell, JJ., concur in part and in the result without separate written opinion. Carlton, J., concurs in result only without separate written opinion.

Orville Lee Johnson v. Rita Frances Burford Herron, John Cal Burford, Jr., and Patricia A. Grantham; DeSoto Chancery Court; LC Case #: 05-04-587(ML); Ruling Date: 07/10/2008; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of DeSoto County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

In The Matter of The Estate of Lucille H. Hart, Deceased: Connie Eldridge and Polly Weaver v. Deborah H. Steverson; Madison Chancery Court; LC Case #: 2002-0569; Ruling Date: 10/30/2006; Ruling Judge: William Lutz; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Madison County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Christopher Keon Drummond v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-07-00303; Ruling Date: 12/13/2007; Ruling Judge: Stephen Simpson; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Harrison County of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Jimmy Dale Mayhan v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2006-0303BD; Ruling Date: 09/04/2007; Ruling Judge: Andrew Baker; Disposition: The motions for rehearing are denied. Order entered.

Melissa Winter v. Wal-Mart Supercenter and American Home Assurance Company; Union Circuit Court; LC Case #: U2006-017-5216; Ruling Date: 08/21/2007; Ruling Judge: Andrew Howorth; Consolidated with 2008-WC-00391-COA Wal-Mart Stores, Inc. and American Home Assurance Company v. Melissa Winter; Union Circuit Court; LC Case #: U2006-017-5216; Ruling Date: 02/12/2008; Ruling Judge: Andrew Howorth; Consolidated with 2008-WC-00392-COA Wal-Mart Stores, Inc. and American Home Assurance Company v. Melissa Winter; Union Circuit Court; LC Case #: U-2006-018-5218; Ruling Date: 02/12/2008; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Order entered.

Julius Williams, II v. Barbara Williams; Harrison Chancery Court 1st District; LC Case #: 02-01865(3); Ruling Date: 09/07/2007; Ruling Judge: Sanford Steckler; Disposition: The motion for rehearing is denied. King, C.J., and Irving and Griffis, JJ., would grant. Order entered.

Billy Joe Anderson v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 06-5-066; Ruling Date: 10/22/2007; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Benito Jo Ruiz, Jr. v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2007-0006; Ruling Date: 11/01/2007; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Order entered.

Jim Terry a/k/a James Clayton Terry v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0518-CR1; Ruling Date: 11/30/2007; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Order entered.

In the Matter of the Estate of Kimberly Denise Pearson, Deceased: Paula Davis, Administratrix Ad Litem v. Bobby Stokes; Wayne Chancery Court; LC Case #: 2005-67; Ruling Date: 12/20/2007; Ruling Judge: Franklin McKenzie, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Wal-Mart Stores, Inc. and American Home Assurance Company v. Melissa Winter; Union Circuit Court; LC Case #: U2006-017-5216; Ruling Date: 02/12/2008; Ruling Judge: Andrew Howorth; Consolidated with 2007-WC-01717-COA Melissa Winter v. Wal-Mart Supercenter and American Home Assurance Company; Union Circuit Court; LC Case #: U2006-017-5216; Ruling Date: 08/21/2007; Ruling Judge: Andrew Howorth; Consolidated with 2008-WC-00392-COA Wal-Mart Stores, Inc. and American Home Assurance Company v. Melissa Winter; Union Circuit Court; LC Case #: U-2006-018-5218; Ruling Date: 02/12/2008; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Order entered.

Wal-Mart Stores, Inc. and American Home Assurance Company v. Melissa Winter; Union Circuit Court; LC Case #: U-2006-018-5218; Ruling Date: 02/12/2008; Ruling Judge: Andrew Howorth; Consolidated with 2007-WC-01717-COA Melissa Winter v. Wal-Mart Supercenter and American Home Assurance Company; Union Circuit Court; LC Case #: U2006-017-5216; Ruling Date: 08/21/2007; Ruling Judge: Andrew Howorth; Consolidated with 2008-WC-00391-COA Wal-Mart Stores, Inc. and American Home Assurance Company v. Melissa Winter; Union Circuit Court; LC Case #: U2006-017-5216; Ruling Date: 02/12/2008; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing is denied. Order entered.

Otha Horton v. Christopher Epps, Margaret Bingham and Michelle Taylor; Rankin Circuit Court; LC Case #: 2006-129; Ruling Date: 01/18/2008; Ruling Judge: Samac Richardson; Disposition: The motion for rehearing is denied. Order entered.

Southern Healthcare Services, Inc., Medforce Management, LLC d/b/a Willow Creek Retirement Center and Daleson Enterprises, LLC d/b/a Jones County Rest Home v. Lloyd's of London, Certain Underwriters at Lloyd's, London and Caronia Corporation; Jones Circuit Court 1st District; LC Case #: 2006-26-CV8; Ruling Date: 03/19/2008; Ruling Judge: Robert Evans; Consolidated with 2008-CA-01351-COA Southern Healthcare Services, Inc., Medforce Management, LLC d/b/a Willow Creek Retirement Center and Daleson Enterprises, LLC d/b/a Jones County Rest Home v. Lloyd's of London and Certain Underwriters at Lloyd's, London; Jones Circuit Court 1st District; LC Case #: 2006-26-CV8; Ruling Date: 07/08/2008; Ruling Judge: Robert Evans; Majority Opinion: Carlton, J. Disposition: The appeal is dismissed, and this cause is remanded to the trial docket of the Circuit Court of Jones County for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving and Ishee, JJ., concur. Griffis, J., dissents with separate written opinion joined by Barnes, Roberts and Maxwell, JJ. Dissenting Opinion: Griffis, J. Votes: Barnes, Roberts and Maxwell, JJ., join this opinion.

Nikki Hatten Niolet v. Phil Rice; Madison Circuit Court; LC Case #: CI-2007-0367-C; Ruling Date: 05/09/2008; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Maxwell, J., not participating. Order entered.

Bobby Wayne Walley v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2007-83-B; Ruling Date: 05/27/2008; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied. Order entered.