12/12/2023 - Hand Down and published opinions in WordPerfect/ZIP format

Emfinger, John H., J.
X  2022-CA-01063-COA

Cheryl Coogan and Craig Coogan v. Nationwide Property and Casualty Insurance Company; Hancock Circuit Court; LC Case #: 23CI1:21-cv-00145; Ruling Date: 11/21/2022; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Emfinger, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Greenlee and Smith, JJ., Concur. McCarty, J., Concurs in Part and in the Result Without Separate Written Opinion. Westbrooks, J., Concurs in Result Only Without Separate Written Opinion. McDonald, J., Dissents Without Separate Written Opinion. Lawrence, J., Not Participating.

Ashia Forrest a/k/a Ashia Williams Forrest a/k/a Ashia Williams-Forrest v. State of Mississippi; Holmes Circuit Court; LC Case #: 21-0033; Ruling Date: 03/28/2022; Ruling Judge: Barry Ford; Majority Opinion: Smith, J. Disposition: Affirmed. Holmes County taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Greenlee, Westbrooks, McDonald, Lawrence, McCarty and Emfinger, JJ., Concur.

Kellen J. Hills v. Abigal S. Manns (Hills); DeSoto Chancery Court; LC Case #: 17CH1:17-cv-01046; Ruling Date: 01/05/2022; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: McCarty, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Greenlee, Westbrooks, McDonald, Lawrence, Smith and Emfinger, JJ., Concur.

Quinton Strong v. Acara Solutions, Inc.; DeSoto Circuit Court; LC Case #: 17CI1:21-cv-00181-CW; Ruling Date: 11/23/2022; Ruling Judge: Celeste Wilson; Majority Opinion: McCarty, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Greenlee, Westbrooks, McDonald, Lawrence, Smith and Emfinger, JJ., Concur.

Michael C. Barefield v. Allen T. Barefield, Julia Johnson, and Sharon Barefield, Individually and on behalf of Heritage Investments Group, Inc.; Forrest Chancery Court; LC Case #: 18CH1:20-cv-00066; Ruling Date: 07/21/2022; Ruling Judge: Sanford Steckler; Majority Opinion: Lawrence, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Barnes, C.J., Carlton, P.J., Greenlee, Westbrooks, McDonald, Smith and Emfinger, JJ., Concur. McCarty, J., Concurs in Part and in the Result Without Separate Written Opinion. Wilson, P.J., Concurs in Result Only Without Separate Written Opinion.

Cameron Henderson a/k/a Cameron Adam Henderson v. State of Mississippi; Clay Circuit Court; LC Case #: 13CI1:19-cr-00008-1; Ruling Date: 06/06/2022; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Westbrooks, J. Disposition: Affirmed. Clay County taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Greenlee, McDonald, Lawrence, McCarty, Smith and Emfinger, JJ., Concur.

Kennard R. Nichols a/k/a Kennard Raymond Nichols a/k/a Ken Nichols a/k/a Ken R. Nichols v. State of Mississippi; Newton Circuit Court; LC Case #: 20-CR-017-NWMD; Ruling Date: 01/12/2022; Ruling Judge: Mark Duncan; Majority Opinion: Greenlee, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Westbrooks, McDonald, Lawrence, McCarty, Smith and Emfinger, JJ., Concur.

Gregory Gillen v. Tammy Gillen; Lauderdale Chancery Court; LC Case #: 38CH:1:18-cv-00931-LP; Ruling Date: 07/01/2021; Ruling Judge: Lawrence Primeaux; Disposition: The appellee's motion for appellate attorneys' fees is granted. The appellee is hereby awarded $14,287.50 in appellate attorneys' fees. Order entered 12/05/2023.

David Hunter Moore v. State of Mississippi; DeSoto Circuit Court; LC Case #: 17CI1:19-cr-00392-GC-1; Ruling Date: 03/29/2022; Ruling Judge: Gerald Chatham, Sr.; Disposition: Matthew W. Kitchens's motion to substitute himself as counsel for David Hunter Moore and to hold the Court's decision in abeyance and allow him to file a supplemental appellant's brief is granted in part. Kitchens's appearance as counsel of record shall be accepted, but Steven E. Farese Sr., Joseph W. Cooper, Steven E. Farese Jr., David Clay Vanderburg, and Jim D. Waide shall not be withdrawn as counsel. Kitchens's request that this Court hold its decision in abeyance and allow him to file a supplemental appellant's brief is denied. Order entered 12/06/2023.

Marshon Cortez Diming a/k/a Big Shorty a/k/a Marshon Diming v. State of Mississippi; DeSoto Circuit Court; LC Case #: 17CI1:19-cr-00551-GC; Ruling Date: 03/11/2022; Ruling Judge: Gerald Chatham, Sr.; Disposition: The mandate is hereby recalled, and the appellant's motion for time is granted. The appellant's motion for rehearing is due no later than thirty days from the entry of this order. Order entered 12/06/2023.

Allen M. Russell a/k/a Allen Russell v. State of Mississippi; Forrest Circuit Court; LC Case #: 18CI1:19-cr-00463-1; Ruling Date: 04/07/2022; Ruling Judge: Jon Weathers; Disposition: The mandate is hereby recalled, and the appellant's pro se motion for time is granted. The appellant's motion for rehearing is due no later than thirty days from the entry of this order. Order entered 12/06/2023.

Greater New Hamilton Grove Baptist Church and Trustee Tommie Burns v. Hamilton Grove Missionary Baptist Church a/k/a Greater New Hamilton Grove; Hinds Chancery Court 2nd District; LC Case #: 25CH2:20-cv-00081; Ruling Date: 05/26/2022; Ruling Judge: Denise Owens; Disposition: The motion for rehearing is denied.

Mississippi Department of Human Services v. Mettro Johnson; Coahoma Chancery Court; LC Case #: 14CH1:02-cv-00002-WMS; Ruling Date: 05/19/2022; Ruling Judge: Watosa Sanders; Majority Opinion: Smith, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Barnes, C.J., Carlton, P.J., Westbrooks, McDonald and McCarty, JJ., Concur. Greenlee, J., Dissents With Separate Written Opinion, Joined by Wilson, P.J., Lawrence and Emfinger, JJ. Dissenting Opinion: Greenlee, J. Votes: Wilson, P.J., Lawrence and Emfinger, JJ., Join This Opinion.

Rehabilitation Centers, Inc. and ACE American Insurance Company v. Sheila Williams; Mississippi Workers' Compensation Commission; LC Case #: 1510453 R-1041; Ruling Date: 03/23/2023; Consolidated with 2023-WC-00463-COA Rehabilitation Centers, Inc. and ACE American Insurance Company v. Sheila Williams; Mississippi Workers' Compensation Commission; LC Case #: 1804634 R-1042; Ruling Date: 03/23/2023; ; Disposition: The appellants' motions for reconsideration of this Court's September 20, 2023 en banc order are denied. Order entered 12/06/2023.

Justin Mitchell a/k/a Justin Lee Mitchell v. State of Mississippi; Tunica Circuit Court; LC Case #: 2022-cr-0001; Ruling Date: 05/15/2023; Ruling Judge: William Nowell; Disposition: The appellant's response to the show-cause notice issued by the Mississippi Clerk of Appellate Courts is well taken, and the appellant's motion to proceed out-of-time is granted. This appeal shall be allowed to proceed. Order entered 12/06/2023.

Gregory Robinson v. State of Mississippi; Pike Circuit Court; LC Case #: 57CI1:22-cv-00102; Ruling Date: 06/07/2023; Ruling Judge: Michael Taylor; Disposition: On the Court's own motion, this untimely appeal is hereby dismissed. All costs of this appeal are assessed to Pike County. Order entered 12/06/2023.

Meika DeSean Britton a/k/a M. DeSean Britton v. State of Mississippi; DeSoto Circuit Court; LC Case #: 17CI1:23-cv-00103-GC; Ruling Date: 07/06/2023; Ruling Judge: Gerald Chatham, Sr.; Disposition: On the Court's own motion, this untimely appeal is hereby dismissed. All costs of this appeal are assessed to DeSoto County. Order entered 12/06/2023.

Rayvon Takeim Rutherford a/k/a Rayvon Rutherford v. State of Mississippi; Marshall Circuit Court; LC Case #: CR2021-201; Ruling Date: 08/21/2023; Ruling Judge: Kent Smith; Disposition: On the Court's own motion, this appeal is dismissed for lack of an appealable judgment. Order entered 12/06/2023.

Rayvon Takeim Rutherford a/k/a Rayvon Rutherford v. State of Mississippi; Marshall Circuit Court; LC Case #: CR2022-060; Ruling Date: 08/21/2023; Ruling Judge: Kent Smith; Disposition: On the Court's own motion, this appeal is dismissed for lack of an appealable judgment. Order entered 12/06/2023.