12/11/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2011-CA-00192-COA

Alisa Gale Rolison v. Gary Wayne Rolison, Jr.; Tippah Chancery Court; LC Case #: 2008-226A; Ruling Date: 01/14/2011; Ruling Judge: Glenn Alderson; Majority Opinion: Fair, J. Disposition: The judgment of the Chancery Court of Tippah County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Maxwell and Russell, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion. Roberts, J., Not Participating.

Machon Lyons v. Direct General Insurance Company of Mississippi; Monroe Circuit Court; LC Case #: CV2010-335RM; Ruling Date: 05/27/2011; Ruling Judge: James Roberts, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Monroe 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, Roberts, Maxwell and Russell, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Mississippi Transportation Commission v. James B. Howard, Bryant Howard, Doris Howard and Gary Gaines; Lowndes Special Court of Eminent Domain; LC Case #: 2005-0006-ED2; Ruling Date: 05/05/2010; Ruling Judge: Beverley Franklin; Majority Opinion: Russell, J. Disposition: The judgment of the Special Court of Eminent Domain of Lowndes County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving, P.J., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Griffis, P.J., and Barnes, J., Concur in Part and in the Result Without Separate Written Opinion.

Theresia Norris and Michael Norris, Individually and on Behalf of all Wrongful Death Beneficiaries of Zachary Norris, Deceased, and The Estate of Zachary Norris, By and Through Theresia Norris, Administratrix v. Southwest Mississippi Regional Medical Center; Pike Circuit Court; LC Case #: 03-161-B; Ruling Date: 04/11/2011; Ruling Judge: Michael Taylor; Majority Opinion: Russell, J. Disposition: The judgment of the Circuit Court of Pike County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. Roberts, J., Concurs in Part and in the Result Without Separate Written Opinion. Griffis, P.J., Not Participating.

BancorpSouth Bank v. Shelby K. Brantley, Jr., Robert Crumpton, Norma S. Bourdeaux, Langston Oxford Properties, L.P., Susan M. Bryan, John Albriton and Lynn Albriton; Lafayette Chancery Court; LC Case #: 2007-504A; Ruling Date: 02/28/2011; Ruling Judge: Glenn Alderson; Majority Opinion: Russell, J. Disposition: The judgment of the Chancery Court of Lafayette County is affirmed in part and reversed and remanded in part. All costs of this appeal are split equally between the appellant and the appellees. Votes: Barnes, Ishee and Roberts, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Lee, C.J., Griffis, P.J., Carlton, Maxwell and Fair, JJ., Not Participating.

James David Bryant, Jr. v. Pamela Rena Smith Bryant; Lawrence Chancery Court; LC Case #: 2007-0181-2; Ruling Date: 06/29/2011; Ruling Judge: Joe Walker; Majority Opinion: Russell, J. Disposition: The judgment of the Chancery Court of Lawrence 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, Roberts and Maxwell, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion. Fair, J., Dissents Without Separate Written Opinion.

Von Brock v. Wal-mart #1260 and American Home Assurance Company; Mississippi Workers' Compensation Commission; LC Case #: 09 07882-K-3637; Ruling Date: 06/21/2011; Ruling Judge: Liles Williams; Majority Opinion: Russell, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission 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.

Crystal Henley v. Dr. Frank G. Martin and Biloxi Regional Medical Center; Harrison Circuit Court 2nd District; LC Case #: A2402-11-150; Ruling Date: 08/31/2011; Ruling Judge: Roger Clark; Majority Opinion: Russell, J. Disposition: The judgment of the Harrison County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton and Fair, JJ., Concur. Irving, P.J., Barnes and Maxwell, JJ., Concur in Part and in the Result Without Separate Written Opinion.

Hulen S. Perilloux a/k/a Hulen Stanley Perilloux v. State of Mississippi; Pearl River Circuit Court; LC Case #: K-2010-484H; Ruling Date: 08/31/2011; Ruling Judge: Prentiss Harrell; Majority Opinion: Russell, J. Disposition: The judgment of the Circuit Court of Pearl River County of conviction of Count I, fondling, and sentence of fifteen years; Count II, fondling, and sentence of fifteen years; and Count III, fondling, and sentence of fifteen years, with the sentences in all counts to run concurrently in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Pearl River County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Lee, C.J., Concurs in Result Only Without Separate Written Opinion.

Bruen L. Craig v. City of Yazoo City, Mississippi; McArthur Straughter, Mayor; Mickey O'Reilly, Alderman; Jack Varner, Alderman and Hattie Williams, Alderman; Yazoo Circuit Court; LC Case #: 2010-CI38; Ruling Date: 09/13/2011; Ruling Judge: Jannie Lewis; Majority Opinion: Russell, J. Disposition: The judgment of the Circuit Court of Yazoo 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, Maxwell and Fair, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Joseph F. Tatum, III v. Lauren D. Tatum; Lamar Chancery Court; LC Case #: 2007-0394-GN-W; Ruling Date: 09/22/2011; Ruling Judge: Johnny Williams; Majority Opinion: Russell, J. Disposition: The judgment of the Lamar County Chancery Court is affirmed in part and reversed and rendered in part. All costs of this appeal are assessed equally between the appellant and the appellee. Votes: Lee, C.J., Griffis, P.J., Ishee, Carlton and Maxwell, JJ., Concur. Roberts, J., Concurs in Part and in the Result Without Separate Written Opinion. Irving, P.J., and Barnes, J., Concur in Part and Dissent in Part Without Separate Written Opinion. Fair, J., Not Participating.

Alford Carter v. Carl Reddix, M.D. and Reddix Medical Group; Hinds Circuit Court 1st District; LC Case #: 251-10-211CIV; Ruling Date: 12/19/2011; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Russell, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Ishee, Roberts and Maxwell, JJ., Concur. Carlton, J., Concurs in Result Only With Separate Written Opinion, Joined by Lee, C.J. Griffis, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Barnes, J., Concurs in Result Only Without Separate Written Opinion. Irving, P.J., and Fair, J., Not Participating. Concur in Result Only Opinion: Carlton, J. Votes: Lee, C.J., Joins This Opinion.

Cedqueta Lee v. Mississippi Employment Security Commission; Bolivar Circuit Court 2nd District; LC Case #: 2011-0085; Ruling Date: 03/05/2012; Ruling Judge: Albert Smith, III; Majority Opinion: Russell, J. Disposition: The judgment of the Circuit Court of Bolivar County is affirmed. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Wayne Farms LLC and Pacific Employers Insurance Company v. Clairol Weems; Mississippi Workers' Compensation Commission; LC Case #: 0709063-J-8377-D; Ruling Date: 04/26/2012; Ruling Judge: Virginia Mounger; Majority Opinion: Russell, J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Maxwell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. Carlton, J., Dissents Without Separate Written Opinion.

Johnny Ray Magee v. State of Mississippi; Marion Circuit Court; LC Case #: 2010-0183-P; Ruling Date: 09/14/2010; Ruling Judge: R. Prichard, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Marion County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Marion County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Russell and Fair, JJ., Concur. Carlton, J., Not Participating.

Jeffery Webb v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 10-126-CRY; Ruling Date: 02/18/2011; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Hinds County Circuit Court of conviction of Count I, sexual battery, and sentence of thirty years; Count II, statutory rape, and sentence of thirty years; and Count III, gratification of lust, and sentence of fifteen years, with all sentences to run consecutively, in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Russell and Fair, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Gary Lamar Smiley and Mary Ann Smiley v. Richard Yllander, Margaret Y. Jackson, Lynn Smiley Baker, Dan Smiley, Otto Yllander, Linda Y. Toler, Albert Yllander, Jr., Kathryn S. MacDonald, Robert A. Smiley, III and Mary Helen Smiley Shannon; Amite Chancery Court; LC Case #: 2006-286; Ruling Date: 01/18/2011; Ruling Judge: Debbra Halford; Majority Opinion: Maxwell, J. Disposition: The judgment of the Amite County Chancery Court 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 to be divided equally between the appellants and the appellees. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Russell and Fair, JJ., Concur. Barnes, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Keith Duran Sanders a/k/a Keith Sanders v. State of Mississippi; Neshoba Circuit Court; LC Case #: 03-CR-036-NS-G; Ruling Date: 11/11/2009; Ruling Judge: Marcus Gordon; Majority Opinion: Maxwell, J. Disposition: The judgment of the Neshoba County Circuit Court of conviction of murder and sentence of life imprisonment 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, Roberts, Russell and Fair, JJ., Concur. Carlton, J., Concurs in Result Only Without Separate Written Opinion.

Public Employees' Retirement System v. Sherry Walker; Hinds Circuit Court 1st District; LC Case #: 251-08-247-CIV-WK; Ruling Date: 04/27/2011; Ruling Judge: Winston Kidd; Majority Opinion: Maxwell, J. Disposition: The judgment of the Hinds County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. Russell, J., Concurs in Part and in the Result Without Separate Written Opinion.

Quantaurus Parks and Sianquiz Kentrez Willis a/k/a Sianquis Kentrez Willis v. State of Mississippi; Winston Circuit Court; LC Case #: 2011-016-CR; Ruling Date: 05/19/2011; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Winston County Circuit Court of convictions of three counts of armed robbery and sentences of thirty years in Count I, thirty years in Count II, and thirty years in Count III, with the sentences in Counts II and III to run concurrently to the sentence in Count I, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Winston County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Vinh Nguyen v. Dustin Gifford and Roslyn Gifford; Lee Chancery Court; LC Case #: 2008-0306-41-H; Ruling Date: 06/26/2011; Ruling Judge: John Hatcher; Majority Opinion: Roberts, J. Disposition: The judgment of the Lee County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur. Irving, P.J., Dissents Without Separate Written Opinion.

Jonathan McGriggs v. State of Mississippi; Copiah Circuit Court; LC Case #: 2011-304; Ruling Date: 08/09/2011; Ruling Judge: Lamar Pickard; Majority Opinion: Roberts, J. Disposition: The judgment of the Copiah County Circuit Court dismissing the motion for post-conviction relief and imposing sanctions is affirmed. All costs of this appeal are assessed to Copiah County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Carlton, Maxwell, Russell and Fair, JJ., Concur. Barnes, J., Concurs in Result Only Without Separate Written Opinion.

Pair A Dice Farms, Inc., James G. Pollock Jr. and wife, Debra White Pollock, and Walter B. Pollock and wife, Debra Pollock v. InSouth Bank of Covington; Sunflower Chancery Court; LC Case #: 2009-000655-CI; Ruling Date: 10/24/2011; Ruling Judge: Jane Weathersby; Consolidated with 2011-CA-01721-COA James G. Pollock Jr. and wife, Debra White Pollock, Walter B. Pollock and wife, Debra Pollock v. InSouth Bank of Covington; Sunflower Chancery Court; LC Case #: 2009-000654-CI; Ruling Date: 10/24/2011; Ruling Judge: Jane Weathersby; Majority Opinion: Roberts, J. Disposition: The judgment of the Sunflower County Chancery Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. Russell, J., Concurs in Part and in the Result Without Separate Written Opinion.

Eric Herrington v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR2010-0068; Ruling Date: 01/25/2011; Ruling Judge: Lamar Pickard; Majority Opinion: Ishee, J. Disposition: The judgment of the Claiborne 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 Claiborne County. Votes: Lee, C.J., Griffis, P.J., Barnes and Fair, JJ., Concur. Russell, J., Concurs in Part and in the Result Without Separate Written Opinion. Irving, P.J., Dissents With Separate Written Opinion, Joined by Carlton, J. Roberts, Carlton and Maxwell, JJ., Dissent Without Separate Written Opinion. Dissenting Opinion: Irving, P.J. Votes: Carlton, J., Joins This Opinion.

Ronald H. Jordan, Jr v. Stacy Lee Jordan; Jones Chancery Court 1st District; LC Case #: 2009-0224-E; Ruling Date: 05/17/2011; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Jones 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, Roberts, Carlton, Maxwell and Russell, JJ., Concur. Fair, J., Specially Concurs With Separate Written Opinion, Joined by Griffis, P.J., Roberts, Maxwell and Russell, JJ. Specially Concurring Opinion: Fair, J. Votes: Griffis, P.J., Roberts, Maxwell and Russell, JJ., Join This Opinion.

Cavalier Home Builders v. Paul Baughman and Tiffany Baughman; Hancock Circuit Court; LC Case #: 08-0420; Ruling Date: 06/08/2011; Ruling Judge: John Gargiulo; Majority Opinion: Ishee, J. Disposition: The judgment of the Hancock County Circuit Court in the amount of $140,000 against Cavalier Home Builders is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: Lee, C.J., Griffis, P.J., Barnes, Maxwell, Russell and Fair, JJ., Concur. Irving, P.J., and Roberts, J., Concur in Result Only Without Separate Written Opinion. Carlton, J., Dissents Without Separate Written Opinion.

Mickey Vernon Hancock a/k/a Mickey V. Hancock a/k/a Mickey Hancock v. State of Mississippi; Pike Circuit Court; LC Case #: 10-001-PKT; Ruling Date: 03/24/2011; Ruling Judge: Michael Taylor; Majority Opinion: Ishee, J. Disposition: The judgment of the Pike County Circuit Court of conviction of armed robbery and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Pike County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Sam Bradford, Sr. v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2011-146; Ruling Date: 12/09/2011; Ruling Judge: Lamar Pickard; Majority Opinion: Ishee, J. Disposition: The judgment of the Adams County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Jefferson County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur.

Sheila Danette Wells v. Frank Price, Phil Price d/b/a Price Construction Company and Canton Sheet Metal and Roofing; Amite Circuit Court; LC Case #: 07-CV-050J; Ruling Date: 06/10/2011; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Amite County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Carlton, Maxwell, Russell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Carlos Ivy v. State of Mississippi; Union Circuit Court; LC Case #: CV-2010-317-U; Ruling Date: 06/29/2011; Ruling Judge: Andrew Howorth; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Union County denying the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Union County. Votes: Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Dissents With Separate Written Opinion, Joined by Lee, C.J., and Russell, J. Dissenting Opinion: Irving, P.J. Votes: Lee, C.J., and Russell, J., Join This Opinion.

Knights' Piping Inc. and Benny R. Knight v. E. Harold Knight, David Earl Knight, Brian K. Knight, Raymond K. Knight, and Knights Marine & Industrial Services, Inc.; Jackson Chancery Court; LC Case #: 2000-0483; Ruling Date: 12/23/2010; Ruling Judge: D. Harris, Sr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed in part, reversed and rendered in part, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed one-half to the appellants and one-half to the appellees. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Maxwell, Russell and Fair, JJ., Concur. Carlton, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Freddie L. Knox, Tyangela Knox, Yolanda Knox, Natasha Knox, Freddie L. Knox, as the Natural Father and Legal Guardian of Kenyatta Knox, Jeremy Knox, Kishun Knox, Freddie L. Knox, as the Administrator of the Estate of Mary L. Knox, Being all the Wrongful Death Heirs of Mary L. Knox, Freddie L. Knox, as the Administrator of the Estate of Lakidra Ramone Knox, Being all the Wrongful Death Heirs of Lakidra Ramone Knox, Fredrick Knox, Markeya Knox, Walter Watson and Yolanda Knox, as the Administrator of the Estate of Deliya Watson, Being all the Wrongful Death Heirs of Deliya Watson v. Russell Mahalitc d/b/a Magnolia Plantation; Washington Circuit Court; LC Case #: CV-2008-0055-CI; Ruling Date: 07/16/2009; Ruling Judge: Richard Smith; Disposition: The motion for rehearing is denied. Russell and Fair, JJ., not participating. Order entered.

Illinois Central Railroad Company and Fred A. Herndon v. Tasandra Young, Shiron Young, Minors, by and through Sandra Young, as Grandmother and Next Friend; Holmes Circuit Court; LC Case #: 2006-0129; Ruling Date: 02/05/2010; Ruling Judge: Jannie Lewis; Majority Opinion: Barnes, J. Disposition: The judgment of the Holmes County Circuit Court is reversed, and this case is remanded on direct appeal for further proceedings consistent with this opinion. The judgment is affirmed on cross-appeal. All costs of this appeal are assessed to the appellees/cross-appellants. Votes: Griffis, P.J., Ishee, Roberts, Maxwell and Fair, JJ., Concur. Irving, P.J., Dissents With Separate Written Opinion, Joined by Lee, C.J., Carlton and Russell, JJ. Dissenting Opinion: Irving, P.J. Votes: Lee, C.J., Carlton and Russell, JJ., Join This Opinion.

Walter Carpenter a/k/a Walter L. Carpenter v. State of Mississippi; Leflore Circuit Court; LC Case #: 2004-0190(CMC)(L); Ruling Date: 04/05/2006; Ruling Judge: Margaret Carey-McCray; Disposition: The motion for rehearing is denied. Irving, P.J., not participating. Order entered.

Perry L. Collins v. Iretha F. Collins; Washington Chancery Court; LC Case #: 0601470; Ruling Date: 10/18/2010; Ruling Judge: Marie Wilson; Disposition: The motion for rehearing is denied. Order entered.

William Antonio Avery a/k/a William A. Avery a/k/a William Ken Avery a/k/a William A. "Ken" Avery a/k/a Ken v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 439-10; Ruling Date: 10/13/2010; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied. Griffis, P.J., not participating. Order entered.

Eboni Bena White a/k/a Eboni White a/k/a Eboni B. White v. State of Mississippi; Claiborne Circuit Court; LC Case #: CR-2010-18; Ruling Date: 09/27/2010; Ruling Judge: Lamar Pickard; Disposition: Motion to Allow Appellant to File Out of Time Motion for Rehearing and to Recall the Mandate is granted. The mandate previously issued shall be recalled. Order entered.

David Campbell v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK2008-279; Ruling Date: 02/18/2011; Ruling Judge: Robert Elliott; Disposition: The motion for rehearing is denied. Irving, P.J., Barnes and Maxwell, JJ., would grant. Order entered.

Charles Sylvester Bell a/k/a Charles S. Bell v. State of Mississippi; Forrest Circuit Court; LC Case #: CI10-0143; Ruling Date: 04/05/2011; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied. Order entered.

In the Matter of the Estate of William Randy Ivy, Deceased: Legand Dakota Benton, by and through Kelly Nicole Brand, his mother and next friend v. Joyce Ivy, as Adminstratrix of the Estate of William Randy Ivy, Deceased; Kemper Chancery Court; LC Case #: 2010-0060-F; Ruling Date: 04/26/2011; Ruling Judge: Edward Fenwick; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Chancery Court of Kemper 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, P.J., 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.

Circus Circus Mississippi, Inc. d/b/a Gold Strike Casino Resort v. Fendley Joy Cushing; Tunica Circuit Court; LC Case #: 2009-0229; Ruling Date: 06/22/2011; Ruling Judge: Charles Webster; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Order entered.

Moses McBride a/k/a Moses Leon McBride a/k/a Leon Mosses McBride a/k/a Moses Leon Moye McBride v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2011-0273-CVK; Ruling Date: 06/14/2011; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Nathan Sellers a/k/a Nathan P. Sellers v. State of Mississippi; Rankin Circuit Court; LC Case #: 18403; Ruling Date: 02/25/2008; Ruling Judge: William Chapman, III; Disposition: The motion for rehearing is denied. Order entered.

Walter Lee Taylor v. Willie M. Galloway and Lucille S. Galloway; Madison Circuit Court; LC Case #: CI2010-0347-JE; Ruling Date: 08/26/2011; Ruling Judge: John Emfinger; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Madison County is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed equally between the appellant and the appellees. Votes: Barnes, Ishee, Roberts, Carlton and Fair, JJ., Concur. Maxwell, J., Concurs in Part and in the Result. Russell, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Lee, C.J., Irving, P.J., and Maxwell, J. Concurring in Part and Dissenting in Part Opinion: Russell, J. Votes: Lee, C.J., Irving, P.J., and Maxwell, J., Join This Opinion.

In the Matter of the Estate of Joe Howard Estes, Deceased: Greg Estes and Jeff Estes v. Sarah Estes; Lee Chancery Court; LC Case #: 07-0694; Ruling Date: 08/31/2011; Ruling Judge: C. Malski; Majority Opinion: Maxwell, J. Disposition: The judgment of the Lee County Chancery Court is reversed, rendered and remanded. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts and Fair, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion. Russell, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Irving, P.J. Dissenting Opinion: Carlton, J. Concurring in Part and Dissenting in Part Opinion: Russell, J. Votes: Irving, P.J., Joins This Opinion.

Ethel L. Buckley v. Singing River Hospital; Jackson Circuit Court; LC Case #: DS-2005-00-143(1); Ruling Date: 04/19/2011; Ruling Judge: Robert Krebs; Disposition: The appellee is authorized to file a response to the appellant's pro se request. Any response shall be filed within thirty (30) days of the entry of this order. Order entered.

Eddie J. Cotton v. Fannie B. Cotton; DeSoto Chancery Court; LC Case #: 05-03-396 (vc); Ruling Date: 09/17/2011; Ruling Judge: Vicki Cobb; Majority Opinion: Maxwell, J. Disposition: The judgment of the Desoto County Chancery Court of is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton and Fair, JJ., Concur. Russell, J., Dissents With Separate Written Opinion, Joined by Irving, P.J., and Roberts, J. Dissenting Opinion: Russell, J. Votes: Irving, P.J., and Roberts, J., Join This Opinion.

Gabriel McDowell a/k/a Gary McDowell v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-1998-00162; Ruling Date: 04/18/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Petitioner's Motion to Reinstate Appeal Under M.R.A.P. Rule 60(b) and Motion to Proceed on Appeal In Forma Pauperis From the Trial Court are granted. The appeal shall be reinstated, and the mandate previously issued shall be recalled. The appellant shall be granted in forma pauperis status. Order entered.

Anthony Henson v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2012-0122; Ruling Date: 05/07/2012; Ruling Judge: W. Hines; Disposition: The appeal is allowed to proceed. Order entered.

Aundrey Douglas Hill a/k/a Aundrey D. Hill v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK08-166; Ruling Date: 08/10/2012; Ruling Judge: Andrew Howorth; Disposition: Motion for Leave to Proceed on Appeal In Forma Pauperis is granted. Order entered.