12/01/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2014-CA-01085-COA

Donna Waldrup, Individually, and on Behalf of the Wrongful Death Beneficiaries of Mary Lindsey, Deceased v. Stephanie Eads, APRN, BC; Grenada Circuit Court; LC Case #: 2012-421-CV-L; Ruling Date: 07/01/2014; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Grenada County Circuit Court is affirmed in part and reversed and rendered in part. All costs of this appeal are divided equally between the appellant/cross-appellee and the appellee/cross-appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Fair, James and Wilson, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

Rosie Moore v. Jackson Cardiology Associates, P. A. ; Hinds Circuit Court 1st District; LC Case #: 25CI1:14-cv-00109-WAG; Ruling Date: 08/28/2014; Ruling Judge: William Gowan, Jr.; Majority Opinion: Maxwell, 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 and Griffis, P.JJ., Barnes, Ishee, Carlton, Fair, James and Wilson, JJ., Concur.

Duane John a/k/a Dewayne John v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK13-307; Ruling Date: 09/25/2013; Ruling Judge: Marcus Gordon; Majority Opinion: Carlton, J. Disposition: The judgment of the Lafayette County Circuit Court of conviction of six counts of driving under the influence and negligently causing the death of another and sentence of fifteen years on each count, with the sentences to run consecutively, and with fifteen years suspended, for a total of seventy-five years to serve, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Neshoba County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair and Wilson, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Jimmy Gibbs v. Rita F. Moody; Scott Chancery Court; LC Case #: 2014-0212; Ruling Date: 09/03/2014; Ruling Judge: H. Clark, II; Majority Opinion: Carlton, J. Disposition: The judgment of the Scott County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell, Fair, James and Wilson, JJ., Concur.

Ronald Joseph Galloway a/k/a Ronald J. Galloway a/k/a Ronald Galloway v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-12-0132; Ruling Date: 12/03/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Hancock County Circuit Court of possession of a controlled substance with intent to distribute within 1,500 feet of a public park and sentence as a habitual offender of twenty years in the custody of the Mississippi Department of Corrections without the hope of parole or probation is affirmed. All costs of this appeal are assessed to Hancock County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Lauren Paige Woodard Mitchell v. Adam Stephenson Mitchell; Lee Chancery Court; LC Case #: 2012- 000277-41-MM; Ruling Date: 04/10/2014; Ruling Judge: C. Malski; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Lee County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Carlton, Maxwell, Fair and James, JJ., Concur. Wilson, J., Not Participating.

Tasha Davis, Individually, and Tasha Davis for and on Behalf of the Wrongful Death Heirs of Callie Allyn Davis, Deceased v. Jones County School District; Jones Circuit Court 1st District; LC Case #: 2013-8-CV3; Ruling Date: 03/25/2014; Ruling Judge: L. Hilburn; Majority Opinion: Ishee, J. Disposition: The judgment of the Jones County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Fair and Wilson, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion, Joined by James, J. Lee, C.J., and Maxwell, J., Not Participating. Dissenting Opinion: Carlton, J. Votes: James, J., Joins This Opinion.

Pearl River County, Mississippi v. Janice Bethea, Jake Benefield, a Minor, by and through his Mother and Next Friend, Christine Benefield, Gabrielle Benefield, a Minor, by and through her Mother and Next Friend Christine Benefield, and Christine Benefield, Individually; Pearl River Circuit Court; LC Case #: 2012-0063(H); Ruling Date: 06/03/2014; Ruling Judge: Prentiss Harrell; Majority Opinion: Ishee, J. Disposition: The judgment of the Pearl River 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, Carlton, Fair, James and Wilson, JJ., Concur. Maxwell, J., Not Participating.

Ronald McDonald a/k/a Ronald Anthony McDonald a/k/a Ronnie McDonald v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-13-726-ClV; Ruling Date: 05/30/2014; Ruling Judge: Winston Kidd; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Hinds County denying and dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Louisiana Extended Care Centers, LLC, Adams Community Care Center, LLC d/b/a Adams County Nursing Center, Magnolia Management Corporation, Magnolia Ancillary Services, Inc. and Commcare Mississippi v. Carolyn Bindon, Individually as Administrator of the Estate of Frank Bindon, and On Behalf of the Wrongful Death Beneficiaries of Frank Bindon; Adams Circuit Court; LC Case #: 13-KV-0042-S; Ruling Date: 08/26/2014; Ruling Judge: Lillie Sanders; Majority Opinion: Irving, P.J. Disposition: The judgment of the Adams County Circuit Court 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., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Warren Taylor v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2014-0183-JE; Ruling Date: 10/02/2014; Ruling Judge: John Emfinger; Majority Opinion: Irving, P.J. Disposition: The judgment of the Madison County Circuit Court denying and dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair, James and Wilson, JJ., Concur.

Ronnie L. Boyd a/k/a Ronnie Boyd v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2012-0049; Ruling Date: 11/05/2013; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Lee, C.J., not participating.

Kimberly C. Sellers a/k/a Kimberly Chenille Sellers v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2012-0354-CRA; Ruling Date: 04/22/2013; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Carlton, J., not participating.

William Lane v. Stella B. Lane; Rankin Chancery Court; LC Case #: 5-1464; Ruling Date: 02/06/2014; 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., Griffis, P.J., Barnes, Ishee, Maxwell and James, JJ., Concur. Irving, P.J., Dissents With Separate Written Opinion, Joined by Carlton and Wilson, JJ. Dissenting Opinion: Irving, P.J. Votes: Carlton and Wilson, JJ., Join This Opinion.

Joseph E. Davidson and Tina C. Davidson v. William Dwight Collins and Nancy L. Collins; Jackson Special Court of Eminent Domain; LC Case #: 2013-20804; Ruling Date: 01/13/2014; Ruling Judge: T. Wilson; Majority Opinion: Barnes, J. Disposition: The judgment of the Jackson County Special Court of Eminent Domain is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Fair and Wilson, JJ., Concur. James, J., Dissents With Separate Written Opinion. Dissenting Opinion: James, J.

Christopher Wayne Eaves v. David Darnell Gatlin and Debora Gayle (Gibson) Gatlin; DeSoto Chancery Court; LC Case #: 13-CV-1583; Ruling Date: 06/30/2014; Ruling Judge: Vicki Daniels; Majority Opinion: Maxwell, J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Fair and Wilson, JJ., Concur. James, J., Concurs in Part With Separate Written Opinion, Joined In Part by Carlton, J. Carlton, J., Dissents With Separate Written Opinion. Concurring in Part Opinion: James, J. Votes: Carlton, J., Joins This Opinion in Part. Dissenting Opinion: Carlton, J.

Bobby C. Sanders, Jr. a/k/a Bobby C. Sanders a/k/a Bobby Sanders v. State of Mississippi; Madison Circuit Court; LC Case #: 45-CI1:14-cv-00186-c; Ruling Date: 08/11/2014; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied.