11/22/2022 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, Joel, J.
X  2021-CA-01377-COA

David Ben Kay v. Carrie Joe Kay; Rankin Chancery Court; LC Case #: 61CH1:20-cv-01202; Ruling Date: 11/19/2021; Ruling Judge: John McLaurin, Jr.; Majority Opinion: Smith, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Greenlee, Westbrooks, McDonald, Lawrence, McCarty and Emfinger, JJ., Concur.

Derric McDonald v. State of Mississippi; Tippah Circuit Court; LC Case #: CV2020-148; Ruling Date: 06/10/2021; Ruling Judge: John Luther; Majority Opinion: Carlton, P.J. Disposition: Affirmed. Tippah County taxed with costs of appeal. Votes: Barnes, C.J., Wilson, P.J., Greenlee, Westbrooks, McDonald, Lawrence, McCarty, Smith and Emfinger, JJ., Concur.

Ronnie Parker a/k/a Ronnie W. Parker a/k/a Ronnie Ron Parker v. State of Mississippi; Benton Circuit Court; LC Case #: B2020-073; Ruling Date: 07/02/2021; Ruling Judge: Grady Tollison, III; Majority Opinion: Carlton, P.J. Disposition: Affirmed. Benton County taxed with costs of appeal. Votes: Barnes, C.J., Wilson, P.J., Greenlee, Westbrooks, McDonald, Lawrence, McCarty and Smith, JJ., Concur. Emfinger, J., Concurs in Part and in the Result Without Separate Written Opinion.

Forty-One Thousand Eighty Dollars ($41,080.00) in United States Currency and Pablo Mendez, Jr. v. State of Mississippi Ex Rel. Brandon Police Department; Rankin Circuit Court; LC Case #: 61CI1:20-cv-00032-JM; Ruling Date: 05/25/2021; Ruling Judge: M. Mills; Majority Opinion: Barnes, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Carlton and Wilson, P.JJ., Greenlee, McDonald, Lawrence, McCarty and Smith, JJ., Concur. Westbrooks, J., Concurs in Result Only Without Separate Written Opinion. Emfinger, J., Not Participating.

Retha Simmons, as Administratrix of the Estate of Melvin R. Simmons and on Behalf of All Wrongful Death Beneficiaries of Melvin R. Simmons, and Individually v. Jackson County, Mississippi and Joe O'Neal, in his Official Capacity as Jackson County Road Manager; Jackson Circuit Court; LC Case #: 30CI1:17-cv-00005-DH; Ruling Date: 10/23/2019; Ruling Judge: Dale Harkey; Disposition: The motion for rehearing filed by Appellant is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted in its place. See opinion rendered. Affirmed. Carlton, P.J., Westbrooks and McDonald, JJ., would grant.

Retha Simmons, as Administratrix of the Estate of Melvin R. Simmons and on Behalf of All Wrongful Death Beneficiaries of Melvin R. Simmons, and Individually v. Jackson County, Mississippi and Joe O'Neal, in his Official Capacity as Jackson County Road Manager; Jackson Circuit Court; LC Case #: 30CI1:17-cv-00005-DH; Ruling Date: 10/23/2019; Ruling Judge: Dale Harkey; Majority Opinion: Smith, J. Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted in its place. Affirmed. Appellant taxed with costs of appeal. Votes: Barnes, C.J., Wilson, P.J., Greenlee, Lawrence, McCarty and Emfinger, JJ., Concur. Westbrooks, J., Dissents With Separate Written Opinion, Joined by Carlton, P.J., and McDonald, J. Dissenting Opinion: Westbrooks, J. Votes: Carlton, P.J., and McDonald, J., Join This Opinion.

Joshua Allen Murry a/k/a Joshua Murry v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2018-0371-CR1C; Ruling Date: 10/09/2020; Ruling Judge: Lee Coleman; Disposition: The motion for rehearing is denied.

Charlie Wilson, as Administrator of the Estate of Willie Wilson and on Behalf of the Wrongful Death Beneficiaries of Willie Wilson v. Lexington Manor Senior Care, LLC; Holmes Circuit Court; LC Case #: 2017-0245; Ruling Date: 12/10/2020; Ruling Judge: Barry Ford; Disposition: The motion for rehearing is denied.

Delando Wilson v. City of Greenville; Washington Circuit Court; LC Case #: 76CI1:21-cv-00008; Ruling Date: 02/12/2021; Ruling Judge: Margaret Carey-McCray; Consolidated with 2021-CA-00518-COA Delando Wilson v. City of Greenville; Washington Circuit Court; LC Case #: 76CI1:21-cv-00027; Ruling Date: 05/14/2021; Ruling Judge: Carol White-Richard; Disposition: The motion for rehearing is denied. Westbrooks, J., not participating.

William T. White and William T. White d/b/a White Haul Transport, Inc. v. Patsy B. White; Harrison Circuit Court 1st District; LC Case #: 18-cv-00108 & 18-cv-00109; Ruling Date: 07/14/2020; Ruling Judge: Roger Clark; Disposition: The motion for rehearing filed by William T. White is denied. The motion for rehearing filed by Patsy B. White is denied.

Nicholas Beasley a/k/a Nicholas A. Beasley v. State of Mississippi; Madison Circuit Court; LC Case #: 45CI1:21-cv-00112-JR; Ruling Date: 06/03/2021; Ruling Judge: Steve Ratcliff, III; Disposition: The motion for rehearing is denied. Emfinger, J., not participating.

Yazmine Haidar and Harold M. Katz III v. Chad A. Margetta and Lynette Margetta; Pearl River Chancery Court; LC Case #: 55CH1:21-cv-00048-S; Ruling Date: 06/03/2021; Ruling Judge: Rhea Sheldon; Majority Opinion: Wilson, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: McDonald, Lawrence, McCarty, Smith and Emfinger, JJ., Concur. Westbrooks, J., Concurs in Part and in the Result Without Separate Written Opinion. Greenlee, J., Dissents With Separate Written Opinion, Joined by Barnes, C.J., and Carlton, P.J.; Westbrooks, J., Joins In Part. Dissenting Opinion: Greenlee, J. Votes: Barnes, C.J., and Carlton, P.J., Join This Opinion. Westbrooks, J., Joins This Opinion in Part.

Rico Mitchell v. Mississippi Department of Employment Security and Geopave, LLC; Jackson Circuit Court; LC Case #: 30CI1:21-cv-00080-DH; Ruling Date: 07/07/2021; Ruling Judge: Dale Harkey; Disposition: The appellant's pro se motion for rehearing is dismissed as untimely. Order entered 11/18/2022.

Kedric Norwood a/k/a Kedrick Kevon Norwood v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CV2021-34 JMP1; Ruling Date: 06/17/2021; Ruling Judge: James McClure, III; Disposition: The motion for rehearing is denied.

Malcolm K. Patrick a/k/a Malcolm Patrick v. State of Mississippi; Pike Circuit Court; LC Case #: 57CO1:18-cr-00274; Ruling Date: 06/27/2022; Ruling Judge: David Strong, Jr.; Disposition: On the Court's own motion, this appeal is dismissed as moot. The appellant's pro se motions and letters filed in this matter are dismissed as moot. All costs of this appeal are assessed to Pike County. Order entered 11/17/2022.