12/01/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Carlton, Virginia Carter
X  2008-CA-01783-COA

Rhonda Yeager v. David Kittrell; Wayne Chancery Court; LC Case #: 2003-298; Ruling Date: 10/21/2008; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Wayne 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, Barnes, Ishee, Roberts and Maxwell, JJ., concur.

Margery McDaniel, Individually and as Personal Representative on Behalf of The Estate of and Wrongful Death Beneficiaries of Terrell J. McDaniel, Deceased v. Dr. Nanni Pidikiti; Alcorn Circuit Court; LC Case #: 2000-138-G-A; Ruling Date: 08/18/2008; Ruling Judge: Thomas Gardner, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Alcorn County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Carlton and Maxwell, JJ., concur. Barnes, J., not participating.

Ray Thomas Gore v. State of Mississippi; Scott Circuit Court; LC Case #: 08-CR-050-SC-G; Ruling Date: 10/06/2008; Ruling Judge: Marcus Gordon; Majority Opinion: Roberts, J. Disposition: The judgment of the Scott County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Scott County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

Tommy Lee George v. Daphne Diane George; DeSoto Chancery Court; LC Case #: 07-09-1809(PL); Ruling Date: 05/21/2008; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Barnes, 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., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Woodkrest Custom Homes Inc., Nationwide Custom Construction, LLC and Robert Kress, Sr. v. James Cooper and Sandra Cooper; Itawamba Circuit Court; LC Case #: 06-026; Ruling Date: 04/03/2008; Ruling Judge: Paul Funderburk; Majority Opinion: Griffis, J. Disposition: The judgment of the Itawamba County Circuit Court denying the motion to set aside default judgment is affirmed. The award of damages is vacated, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Charles Wayne Ross v. State of Mississippi; Tippah Circuit Court; LC Case #: TK-96-094; Ruling Date: 08/22/2008; Ruling Judge: Andrew Howorth; Majority Opinion: Griffis, J. Disposition: The judgment of the Tippah County Circuit Court of conviction of capital murder and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrections, without eligibility for parole or early release, is affirmed. All costs of this appeal are assessed to Tippah County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Darian Dye v. Frances Dye; Pontotoc Chancery Court; LC Case #: 2005-0431-58-L; Ruling Date: 03/24/2008; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Irving, J. Disposition: The judgment of the Pontotoc 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 one-half to the appellant and one-half to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Eric R. Beamer v. Fannie M. Beamer; Adams Chancery Court; LC Case #: 2006-557; Ruling Date: 07/10/2008; Ruling Judge: Kennie Middleton; Majority Opinion: Irving, J. Disposition: The appeal is dismissed. 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.

Felix Perkins v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2007-0036; Ruling Date: 07/24/2008; Ruling Judge: Charles Webster; Majority Opinion: Irving, J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of selling, transferring, or delivering cocaine within 1,500 feet of a church and sentence as a habitual offender to thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Coahoma County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Roberts, J., specially concurs with separate written opinion joined by Griffis, J., and joined in part by Maxwell, J. Specially Concurring Opinion: Roberts, J. Votes: Griffis, J., joins this opinion. Maxwell, J., joins this opinion in part.

Four Thousand Eight Hundred One Dollars v. Lafayette County Metro Narcotics Unit; Lafayette Circuit Court; LC Case #: L08-781; Ruling Date: 12/10/2008; Ruling Judge: Andrew Howorth; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lafayette 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.

Richard Anderson v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2007-251-CD; Ruling Date: 04/17/2008; Ruling Judge: Robert Chamberlin; Majority Opinion: Myers, P.J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of conspiracy to sell a controlled substance and sentence of five years in the custody of the Mississippi Department of Corrections and to pay a $1000 fine, $125 restitution to the Horn Lake Police Department, and $200 to the Mississippi Crime Victims' Compensation Fund 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.

Cynthia G. Owen v. William Shurden Owen; Sunflower Chancery Court; LC Case #: 2006-0119; Ruling Date: 01/25/2008; Ruling Judge: Jane Weathersby; Majority Opinion: Lee, P.J. Disposition: The judgment of the Sunflower County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion. Dissenting Opinion: Carlton, J.

Community Bank of Mississippi and Raymon McAlpin a/k/a Raymond McAlpin v. Donna Stuckey; Covington Circuit Court; LC Case #: 2006-115C; Ruling Date: 08/06/2008; Ruling Judge: Robert Evans; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Covington 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: Myers, P.J., Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., concurs in result only. King, C.J., dissents with separate written opinion joined by Barnes, J. Dissenting Opinion: King, C.J. Votes: Barnes, J., joins this opinion.

James Calvin Williams v. State of Mississippi; Forrest Circuit Court; LC Case #: 08-234CR; Ruling Date: 10/01/2008; Ruling Judge: Robert Helfrich; Majority Opinion: King, C.J. Disposition: The judgment of the Forrest County Circuit Court of conviction of possession of a firearm by a convicted felon is affirmed. That portion of the judgment finding Williams to be a habitual offender is reversed, and this case is remanded for re-sentencing as a non-habitual offender. All costs of this appeal are assessed to Forrest County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Glenn Payton, Jr. v. State of Mississippi; Forrest Circuit Court; LC Case #: 08-445-CR; Ruling Date: 01/08/2009; Ruling Judge: Robert Helfrich; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Forrest County of conviction of statutory rape and sentence of thirty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Forrest County. Votes: Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Deborah Weeks v. Roland Weeks; Harrison Chancery Court 1st District; LC Case #: 99-00753; Ruling Date: 06/22/2006; Ruling Judge: Carter Bise; Disposition: The motion for rehearing is granted. Modified opinion issued.

Deborah Weeks v. Roland Weeks; Harrison Chancery Court 1st District; LC Case #: 99-00753; Ruling Date: 06/22/2006; Ruling Judge: Carter Bise; Majority Opinion: Barnes, J. Disposition: The motion for rehearing is granted. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Chancery Court of Harrison 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 two-thirds to the appellant and one-third to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., and Roberts, J., concur. Irving, J., concurs in result only without separate written opinion. Carlton, J., concurs in part without separate written opinion. Griffis, J., concurs in part and dissents in part with separate written opinion joined by Carlton, J. Ishee and Maxwell, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Griffis, J. Votes: Carlton, J., joins this opinion.

Duffy Morf, Broker and Karen Preston Morf, Salesperson v. North Central Mississippi Board of Realtors, Inc., Board of Directors; Lafayette Chancery Court; LC Case #: 2006-586; Ruling Date: 04/17/2007; Ruling Judge: Glenn Alderson; Disposition: The motion for rehearing is denied. Modified opinion issued.

Duffy Morf, Broker and Karen Preston Morf, Salesperson v. North Central Mississippi Board of Realtors, Inc., Board of Directors; Lafayette Chancery Court; LC Case #: 2006-586; Ruling Date: 04/17/2007; Ruling Judge: Glenn Alderson; Majority Opinion: Irving, J. Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Chancery Court of Lafayette 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: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., not participating.

National Bank of Commerce and NBC Capital Corporation v. Justin Shelton; Lowndes Circuit Court; LC Case #: 2005-0103-CV1; Ruling Date: 03/28/2007; Ruling Judge: James Kitchens, Jr.; Consolidated with 2007-CA-01749-COA National Bank of Commerce and NBC Capital Corporation v. Justin Shelton; Lowndes Circuit Court; LC Case #: 2005-0103-CV1; Ruling Date: 09/11/2007; Ruling Judge: James Kitchens, Jr.; Disposition: The motions for rehearing are denied. Griffis, J., would grant. Order entered.

National Bank of Commerce and NBC Capital Corporation v. Justin Shelton; Lowndes Circuit Court; LC Case #: 2005-0103-CV1; Ruling Date: 09/11/2007; Ruling Judge: James Kitchens, Jr.; Consolidated with 2007-CA-01659-COA National Bank of Commerce and NBC Capital Corporation v. Justin Shelton; Lowndes Circuit Court; LC Case #: 2005-0103-CV1; Ruling Date: 03/28/2007; Ruling Judge: James Kitchens, Jr.; Disposition: The motions for rehearing are denied. Griffis, J., would grant. Order entered.

United Plumbing & Heating Company, Inc., Price's Glass & Mirror Co., Inc., James Thomas d/b/a T's Tile, Carr Plumbing Supply, Inc., Ricky Jackson d/b/a Jackson Sheet Metal & Welding, Tommy Meadows d/b/a F&M Construction, Precision Ceiling, LLC and Ronnie Deforest v. AmSouth Bank, Sometimes Identified as Regions Bank as Successor from the Merger with AmSouth Bank f/k/a Deposit Guaranty National Bank; Hinds Circuit Court 2nd District; LC Case #: 2005-31; Ruling Date: 09/14/2007; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing is denied. Carlton and Maxwell, JJ., not participating. Order entered.

John Christopher Blakeney a/k/a John Christopher Paul Blakeney a/k/a Chris Blakeney v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2006-261-KR2A; Ruling Date: 10/05/2007; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied. Ishee, J., not participating. Order entered.

In The Matter of The Estate of Ollie M. Thomas, Deceased: John D. Thomas, Jr. v. Lynda Thomas Thoms, Carol Thomas Deady and Cathy Thomas May; Forrest Chancery Court; LC Case #: 99-0116-PR-D; Ruling Date: 02/14/2008; Ruling Judge: Sebe Dale, Jr.; Disposition: The motion for rehearing is denied. Griffis, J., not participating. Order entered.

David M. Cox, Inc. v. Rembert W. Pitts and Phyllis Pitts, Co-Administrators of the Estate of Jason Pitts, Deceased; Lamar Chancery Court; LC Case #: 2004-0336-GN-D; Ruling Date: 02/27/2008; Ruling Judge: Sebe Dale, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Harry Vinson v. Elizabeth Vinson Vidal; DeSoto Chancery Court; LC Case #: 04-08-131(MM); Ruling Date: 08/23/2007; Ruling Judge: Vicki Cobb; Disposition: The motion for rehearing is denied. Order entered.

Charles Means v. State of Mississippi; Forrest Circuit Court; LC Case #: CI08-0042; Ruling Date: 06/03/2008; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Order entered.

SKL Investments, Inc. v. American General Finance, Inc.; Prentiss Chancery Court; LC Case #: 2006-321(59)S; Ruling Date: 08/26/2008; Ruling Judge: C. Malski; Majority Opinion: Roberts, J. Disposition: The judgment of the Prentiss County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur. Lee, P.J., dissents with separate written opinion joined by Myers, P.J., and joined in part by Irving, J. Dissenting Opinion: Lee, P.J. Votes: Myers, P.J., joins this opinion. Irving, J., joins this opinion in part.