11/13/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2011-CA-00699-COA

Big River Oilfield Services, LLC and Steven Ford v. Wilcox Drilling Co., LLC, Callon Group, LLC and John Chase Callon; Adams Circuit Court; LC Case #: 10-KV-0089-J; Ruling Date: 04/13/2011; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Adams County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., Concur.

Carrie D. Jones v. Donald Hilburn Jones, Jr.; Rankin Chancery Court; LC Case #: 67,088; Ruling Date: 07/06/2011; Ruling Judge: Dan Fairly; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery Court of Rankin County 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, Maxwell and Russell, JJ., Concur.

Louis Watson, Jr. a/k/a Louis Edward Watson, Jr. a/k/a Jay Jay a/k/a Louis Watson v. State of Mississippi; Grenada Circuit Court; LC Case #: 2011-107-CV-L; Ruling Date: 05/11/2011; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Russell, J. Disposition: The judgment of the Grenada County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Grenada County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell and Fair, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

Gail Nolls Turner v. Trustmark National Bank d/b/a Credit Card Center; Clay Circuit Court; LC Case #: 2010-0268H; Ruling Date: 08/16/2011; Ruling Judge: Lee Howard; Majority Opinion: Russell, J. Disposition: The judgment of the Clay 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, Maxwell and Fair, JJ., Concur.

Noble Real Estate, Inc. v. Robert C. Seder and Heather Seder; Madison Circuit Court; LC Case #: CI-2010-0427-E; Ruling Date: 05/26/2011; Ruling Judge: John Emfinger; Majority Opinion: Maxwell, J. Disposition: The judgment of the Madison County Chancery Court denying the motion to compel arbitration is affirmed in part and reversed in part, and this case is remanded for proceedings consistent with this opinion. All costs of this appeal are divided equally between the appellant and the appellees. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Russell and Fair, JJ., Concur. Carlton, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Griffis, P.J., Not Participating.

Marty Phillip Parisi a/k/a Marty Parisi v. State of Mississippi; Scott Circuit Court; LC Case #: 10-CR-079-SC-C; Ruling Date: 06/14/2011; Ruling Judge: Vernon Cotten; Majority Opinion: Maxwell, J. Disposition: The judgment of the Scott County Circuit Court of conviction of Count I, possession of more than thirty grams of methamphetamine, a schedule II controlled substance, and Count II, possession of less than thirty grams of marijuana, a schedule I controlled substance, and sentence as a second drug offender and habitual offender of sixty years in the custody of the Mississippi Department of Corrections, with such sentence not to be reduced or suspended and without eligibility for parole or probation, is affirmed. All costs of this appeal are assessed to Scott County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Russell and Fair, JJ., Concur.

Ralph McKnight & Son Const., Inc. v. C & I Entertainment, LLC; Attala Circuit Court; LC Case #: 03-195-C-V-L; Ruling Date: 03/21/2011; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Attala County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Moore's Feed Store, Inc., Johnny Moore, President, and Sherria Waldrop, Secretary/Treasurer v. Michael Hurd; Pontotoc Circuit Court; LC Case #: CV10-045(F)PO; Ruling Date: 10/19/2011; Ruling Judge: Paul Funderburk; Majority Opinion: Carlton, J. Disposition: The judgment of the Pontotoc County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur.

Mary Fisher Rodgers v. Paul Joseph Moore, Beulah M. Yates, Charles E. Moore, Roman Norton Moore, Amelia M. Pugh, Jimmy Moore, Otto Moore, Travis Moore, David Moore, Douglas Moore and Richard Moore; Holmes Chancery Court; LC Case #: 07-0126; Ruling Date: 10/08/2010; Ruling Judge: Janace Goree; Majority Opinion: Roberts, J. Disposition: The judgment of the Chancery Court of Holmes County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Benjamin Webb v. South Panola School Distict; Panola Chancery Court 2nd District; LC Case #: B-10-11-0507ML; Ruling Date: 07/14/2011; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Chancery Court of Panola County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Diane D. Smith v. Nissan North America and ACE American Insurance Company; Madison Circuit Court; LC Case #: CI 20111-0128-JE; Ruling Date: 08/29/2011; Ruling Judge: John Emfinger; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Madison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Jon Kurrie Peterson a/k/a Jon K. Peterson a/k/a Jon Peterson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-08-129; Ruling Date: 09/13/2011; Ruling Judge: Roger Clark; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur. Roberts, J., Concurs in Part and in the Result.

Sheri Leigh Heimert v. Walter Lier Heimert, Jr.; DeSoto Chancery Court; LC Case #: 08-12-2636; Ruling Date: 11/15/2010; Ruling Judge: Vicki Cobb; Majority Opinion: Lee, C.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 to be divided equally between the appellant and the appellee. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur. Carlton, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: Carlton, J.

Jeffery Kleckner v. State of Mississippi; Union Circuit Court; LC Case #: UK2008-191; Ruling Date: 09/22/2009; Ruling Judge: Andrew Howorth; Disposition: The motions for rehearing are denied. Roberts, J., not participating. Order entered.

Wendell Duncan a/k/a Wendell Avery Duncan v. State of Mississippi; Washington Circuit Court; LC Case #: 2005-24; Ruling Date: 02/08/2011; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied. Order entered.

Martha Crow v. Crow's Sports Center, Incorporated, Lynn Lambert and Rhonda Lambert; Prentiss Chancery Court; LC Case #: 2010-327-59-L; Ruling Date: 07/21/2011; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Lee, C.J. Disposition: The judgment of the Prentiss County Chancery Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellant. Votes: Ishee and Carlton, JJ., Concur. Griffis, P.J., Barnes and Maxwell, JJ., Concur in Part and in the Result Without Separate Written Opinion. Russell, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Irving, P.J., Roberts and Fair, JJ. Concurring in Part and Dissenting in Part Opinion: Russell, J. Votes: Irving, P.J., Roberts and Fair, JJ., Join This Opinion.