11/12/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
XX  2012-CA-00711-COA

Denise J. Irle v. Patty Foster and Lavirl Foster; Prentiss Chancery Court; LC Case #: 2010-440-59-L; Ruling Date: 03/14/2012; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Maxwell, J. Disposition: The judgment of the Prentiss County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. Irving, P.J., Dissents With Separate Written Opinion, Joined by James, J. Dissenting Opinion: Irving, P.J. Votes: James, J., Joins This Opinion.

Demetric Ratcliff a/k/a DemetricTarell Ratcliff v. State of Mississippi; Forrest Circuit Court; LC Case #: CI12-0106; Ruling Date: 12/10/2012; Ruling Judge: Robert Helfrich; Majority Opinion: Maxwell, J. Disposition: The judgment of the Forrest County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Richard Lacoste v. Systems & Services Technologies, Inc.; Hancock Circuit Court; LC Case #: 10-0399; Ruling Date: 10/22/2012; Ruling Judge: John Gargiulo; Majority Opinion: Maxwell, J. Disposition: The judgment of the Hancock 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, Carlton and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Douglas C. Clark v. Brittany Danielle Clark; Lamar Chancery Court; LC Case #: 2009-0418-GN-W; Ruling Date: 06/27/2012; Ruling Judge: Johnny Williams; Majority Opinion: Roberts, J. Disposition: The judgment of the Chancery Court of Lamar County is reversed, and 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., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton and Maxwell, JJ., Concur. James, J., Concurs in Part and in the Result Without Separate Written Opinion. Fair, J., Not Participating.

Michael Strait and Betty Strait v. Jackie McPhail and American Heritage Life Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-09-597 CIV; Ruling Date: 09/30/2011; Ruling Judge: Winston Kidd; Majority Opinion: Barnes, J. Disposition: The judgments of the Circuit Court of Hinds County are reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: Irving and Griffis, P.JJ., Ishee, Roberts, Maxwell, Fair and James, JJ., Concur. Lee, C.J., and Carlton, J., Not Participating.

Eva Anderson v. BarClays Capital Real Estate, Inc. d/b/a HomeQ Servicing Corporation and Ocwen Loan Servicing; Forrest Chancery Court; LC Case #: 10-1496-GN-F; Ruling Date: 04/20/2012; Ruling Judge: M. Doleac; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Forrest County Chancery Court granting summary judgment in favor of the appellees is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur. Fair, J., Not Participating.

Thomas Nathan Pickett a/k/a Nathan a/k/a Thomas N. Pickett a/k/a Thomas Pickett v. State of Mississippi; Lincoln Circuit Court; LC Case #: 11-158-LS; Ruling Date: 05/11/2012; Ruling Judge: David Strong, Jr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Lincoln County Circuit Court of conviction of sexual battery and sentence of forty years in the custody of the Mississippi Department of Corrections, with ten years suspended and thirty years to serve, and five years of post-release supervision, and to pay a $10,000 fine, is affirmed. All costs of this appeal are assessed to Lincoln County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Jonathan Taylor Harris, by and through his Natural Parents and Legal Guardians, Anthony T. Harris and Susan W. Harris v. Board of Trustees of the Clinton Public School District, John McKee, Tommie Cardin, Denotris Jackson, Nancy Perry, Dennis Dyse, Tommye Henderson, Corey Schneider, and Kevin Daniels; Hinds Circuit Court 1st District; LC Case #: 251-11-415; Ruling Date: 09/04/2012; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part.

Gordon O'Neal Wash a/k/a Gordon Wash v. State of Mississippi; Jackson Circuit Court; LC Case #: 2009-10,254; Ruling Date: 02/08/2012; Ruling Judge: Kathy Jackson; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Jackson County Circuit Court of conviction of Count I, possession of a firearm by a convicted felon, and sentence of ten years, and Count II, disorderly conduct, and sentence of six months, all in the custody of the Mississippi Department of Corrections, and to pay a $1,000 fine on each count, is affirmed. All costs of this appeal are assessed to Jackson County. Votes: Lee, C.J., Irving, P.J., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result.

Meeae Evelina Jones v. Michael Thomas McQueen; Jackson Chancery Court; LC Case #: 2012-0332NH; Ruling Date: 03/27/2012; Ruling Judge: D. Harris, Sr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Jackson County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Twila Dawn Nunnery a/k/a Twila Nunnery v. State of Mississippi; Forrest Circuit Court; LC Case #: 09-195-CR; Ruling Date: 09/04/2009; Ruling Judge: Robert Helfrich; Majority Opinion: Lee, C.J. Disposition: The judgment of the Forrest County Circuit Court of conviction of Count I, neglect of a child, and sentence of ten years, and Count II, touching of a child for lustful purposes, and sentence of fifteen years, with the sentences to run consecutively, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Maxwell, J., Concurs in Part and in the Result.

Milford Ivey a/k/a Charles Milford Ivey v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CV12-0181 RT; Ruling Date: 10/29/2012; Ruling Judge: James Roberts, Jr.; Majority Opinion: Lee, C.J. Disposition: The judgment of the Tishomingo County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Tishomingo County. Votes: Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Irving, P.J., and Maxwell, J., Concur in Part and in the Result.

Barry W. Gilmer v. Morris Goodman Builders, Inc.; Madison Circuit Court; LC Case #: 2001-0148; Ruling Date: 08/21/2009; Ruling Judge: Margaret Carey-McCray; Disposition: The motion for rehearing is denied.

Tommy James Fay a/k/a Tommy Jay Fay a/k/a Tommy Fay v. State of Mississippi; Forrest Circuit Court; LC Case #: 11-134-CR; Ruling Date: 12/15/2011; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied.

James A. Morris a/k/a James Allen Morris a/k/a James Morris v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2010-0480CI; Ruling Date: 03/06/2012; Ruling Judge: Betty Sanders; Disposition: The motion for rehearing is denied.

Elizabeth Dunnam v. Darrin Abney and Hope Abney; Jasper Circuit Court 1st District; LC Case #: 111-0009; Ruling Date: 02/08/2012; Ruling Judge: Eddie Bowen; Majority Opinion: Irving, P.J. Disposition: The judgment of the Jasper County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Griffis, P.J., Roberts, Carlton and Fair, JJ., Concur. Maxwell, J., Concurs in Part and in the Result Without Separate Written Opinion. Ishee, J., Dissents With Separate Written Opinion, Joined by Lee, C.J., Barnes and James, JJ. Dissenting Opinion: Ishee, J. Votes: Lee, C.J., Barnes and James, JJ., Join This Opinion.

Bobby Earl Wilson, Jr. v. Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2011-0122; Ruling Date: 02/02/2012; Ruling Judge: Betty Sanders; Disposition: The motion for rehearing is denied.

Tammala W. Ravenstein, Individually, and Reagan E. Ravenstein, a Minor, by and through, Tammala W. Ravenstein, her Natural Mother, Adult next friend, and Guardian ad Litem v. Community Trust Bank f/k/a Madison County Bank and Madison County Financial Corporation; Madison Circuit Court; LC Case #: CI-2010-0030-JC; Ruling Date: 03/22/2012; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Irving, P.J., would grant.

Steven Edmonds a/k/a Steven Michael Edmonds a/k/a Steven M. Edmonds a/k/a Steve Edmonds v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2010-764GCD2; Ruling Date: 02/24/2012; Ruling Judge: Gerald Chatham, Sr.; Disposition: The motion for rehearing is denied.

Eaton Corporation and Old Republic Insurance Company v. Bobby Brown; Mississippi Workers' Compensation Commission; LC Case #: 0711744-J-8902; Ruling Date: 05/02/2012; Disposition: The motion for rehearing is denied. Irving, P.J., would grant.

Aaron James Carlson a/k/a Aaron Carlson v. City of Ridgeland; Madison Circuit Court; LC Case #: 2010-0641; 2010-0642; Ruling Date: 04/12/2012; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied.

Edward D. Flowers a/k/a Edward Dwanye Flowers a/k/a Edward D. Flowers Sr. a/k/a Edward Dwanye Flowers Sr. a/k/a Edward Flowers v. State of Mississippi; Washington Circuit Court; LC Case #: 2012-0051-CI; Ruling Date: 06/20/2012; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied.