12/13/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Russell, Ermea J.
X  2010-CA-01590-COA

Terry Fleming v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: V-4838(1-2); Ruling Date: 08/26/2010; Ruling Judge: S. Harrison; Majority Opinion: Russell, J. Disposition: The judgment of the Circuit Court of Hinds County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Hinds County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts and Carlton, JJ., concur. Maxwell, J., concurs in part and in the result without separate written opinion. Myers, J., not participating.

Gary E. White Attorney, P. A., and Gary E. White, Individually and as Agent for Blackwell and White, a Partnership v. Leonard A. Blackwell, II, Leonard A. Blackwell, Attorney, P. A., Latricia S. Tisdale and Latricia S. Tisdale, P. A.; Harrison Chancery Court 1st District; LC Case #: 06-02241(1); Ruling Date: 06/02/2009; Ruling Judge: Edward Prisock; Majority Opinion: Roberts, J. Disposition: The judgment of the Chancery Court of Harrison County 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 Russell, JJ., concur. Myers, J., not participating.

American General Life & Accident Insurance Company and Brian Muse v. Amanda Edwards, Dextra Davis, Hilda Johnson, Heather Davis, Brian Walden, Kimberly Taylor and Donna Smith; Hinds Circuit Court 1st District; LC Case #: 251-08-846CIV; Ruling Date: 04/23/2010; Ruling Judge: Winston Kidd; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Circuit Court is reversed and rendered, 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, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Public Employees' Retirement System v. William Collins; Hinds Circuit Court 1st District; LC Case #: 251-09-071CIV; Ruling Date: 02/03/2010; Ruling Judge: Winston Kidd; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Circuit Court is reversed, and judgment is rendered to reinstate the decision of the Board of Trustees of the Public Employees' Retirement System. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Maxwell and Russell, JJ., concur. Irving, P.J., and Carlton, J., dissent without separate written opinion. Myers, J., not participating.

Angela Westbrooks Smith v. Tronox LLC f/k/a Kerr-McGee Chemical LLC and ACE American Insurance Company; Monroe Circuit Court; LC Case #: CV2008-276-RM; Ruling Date: 10/27/2010; Ruling Judge: James Roberts, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the Monroe 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, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Nancy Clark, Individually and as Administratrix of the Estate of Shenandoah H. Clark, Deceased and Christie Clark v. Toyota Motor Sales U.S.A., Inc., Toyota Motor Co. Ltd., Toyota Motor Corporation, Toyota Motor Distributors, Inc. and Roper Toyota, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-01-1486CIV; Ruling Date: 10/21/2008; Ruling Judge: Winston Kidd; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Clyde Campbell v. State of Mississippi; Adams Circuit Court; LC Case #: 09-KV-0020-J; Ruling Date: 09/02/2009; Ruling Judge: Forrest Johnson, Jr.; 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 Adams County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Maxwell and Russell, JJ., concur. Carlton, J., concurs in result only without separate written opinion. Myers, J., not participating.

Robert Robinson v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2009-0038; Ruling Date: 05/28/2010; Ruling Judge: Charles Webster; Majority Opinion: Ishee, J. Disposition: The judgment of the Bolivar County Circuit Court denying the motion for post-conviction relief 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. Myers, J., not participating.

T. C. Broome v. Sheila Broome; Jackson Chancery Court; LC Case #: 61,522(JB); Ruling Date: 10/12/2009; Ruling Judge: Jaye Bradley; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Jackson 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 in equal parts to the appellant and appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Roberts and Maxwell, JJ., concur. Russell, J., concurs in part and dissents in part with separate written opinion joined by Carlton, J. Myers and Ishee, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Russell, J. Votes: Carlton, J., joins this opinion.

Brian Ray Mock v. State of Mississippi; Prentiss Circuit Court; LC Case #: CV2010-000 337JR; Ruling Date: 10/11/2010; Ruling Judge: James Roberts, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Prentiss County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Prentiss County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Jeremy Cooley v. State of Mississippi; Copiah Circuit Court; LC Case #: 2010-0010-CR-A; Ruling Date: 08/16/2010; Ruling Judge: Lamar Pickard; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Copiah County of conviction of felonious child abuse and sentence of thirty years 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., Ishee, Roberts, Carlton and Russell, JJ., concur. Barnes, J., concurs in part and in the result without separate written opinion. Maxwell, J., concurs in result only without separate written opinion. Myers, J., not participating.

Thomas J. Gardner, III v. City of Tupelo, Mississippi, Ed Neely, Dick Hill, Smith Heavner, Doyce Deas, Carolyn Mauldin, Bill Martin, Mike Bryan, Thomas Bonds, Berdell Jones, as the City Council of the City of Tupelo, Mississippi and Wilson Coleman; Lee Circuit Court; LC Case #: CV08-059(PF)L; Ruling Date: 09/20/2010; Ruling Judge: Billy Bridges; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lee County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Maxwell and Russell, JJ., concur. Carlton, J., dissents without separate written opinion. Myers and Barnes, JJ., not participating.

Alfredo Sandoval v. Kimberly Sandoval; Forrest Chancery Court; LC Case #: 09-0457-GN-TH; Ruling Date: 10/11/2010; Ruling Judge: Billy Bridges; Majority Opinion: Irving, P.J. Disposition: The judgment of the Chancery Court of Forrest 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 equally between the appellant and the appellee. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., specially concurs without separate written opinion. Myers, J., not participating.

Jason Bernard Foxworth a/k/a Jason Benard Foxworth v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2006-167; Ruling Date: 11/16/2007; Ruling Judge: Stephen Simpson; Majority Opinion: Lee, C.J. Disposition: The judgment of the Harrison County Circuit Court of conviction of capital murder and sentence of life in the custody of the Mississippi Department of Corrections without the possibility of parole is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Irving and Griffis, P.JJ., Ishee, Roberts and Russell, JJ., concur. Maxwell, J., specially concurs with separate written opinion joined by Barnes and Carlton, JJ. Myers, J., not participating. Specially Concurring Opinion: Maxwell, J. Votes: Barnes and Carlton, JJ., join this opinion.

Brandon L. Brooks v. Dawn Jackson Brooks; Jones Chancery Court 1st District; LC Case #: 2009-0092-E; Ruling Date: 02/03/2010; Ruling Judge: Lawrence Primeaux; Majority Opinion: Lee, C.J. Disposition: The judgment of the Jones County Chancery Court is affirmed as modified. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Albert Robinson, Jr. v. Mozelle Newsome; DeSoto Chancery Court; LC Case #: 09-12-2612; Ruling Date: 07/15/2010; Ruling Judge: Vicki Cobb; Majority Opinion: Lee, C.J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Tyrone Gordon v. State of Mississippi; Holmes Circuit Court; LC Case #: 09-12242; Ruling Date: 10/22/2010; Ruling Judge: Jannie Lewis; Majority Opinion: Lee, C.J. Disposition: The judgment of the Holmes County Circuit Court of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Holmes County. Votes: Irving and Griffis, P.JJ., Ishee, Roberts, Carlton and Russell, JJ., concur. Barnes and Maxwell, JJ., concur in part and in the result without separate written opinion. Myers, J., not participating.

Hubert Johnson v. Mississippi Export Railroad Company; Jackson Circuit Court; LC Case #: 2010-00128(3); Ruling Date: 12/28/2010; Ruling Judge: Dale Harkey; Majority Opinion: Lee, C.J. Disposition: The appeal is dismissed without prejudice. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Myers, J., not participating.

Justin Vanques Thomas v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2008-0505CD; Ruling Date: 04/03/2009; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Order entered.

Delia Shepard, Individually and as Administratrix of the Estate of Rodney Stowers, Deceased v. Prairie Anesthesia Associates, Russell Linton, M.D., and Golden Triangle Regional Medical Center; Lowndes Circuit Court; LC Case #: 94-058-CV1; Ruling Date: 06/25/2009; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Lee, C.J., would grant. Barnes, J., not participating. Order entered.

Janice Stribling v. State of Mississippi; Neshoba Circuit Court; LC Case #: 08-CR-0050-NS-G; Ruling Date: 03/19/2009; Ruling Judge: Marcus Gordon; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Mississippi Baptist Health Systems, Inc. d/b/a Mississippi Baptist Medical Center v. Jonathan Kelly, Individually and on Behalf of all Wrongful Death Beneficiaries of Ellen Kelly, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-01-982CIV; Ruling Date: 06/30/2010; Ruling Judge: Winston Kidd; Majority Opinion: Ishee, 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, P.J., Roberts and Russell, JJ., concur. Maxwell, J., specially concurs with separate written opinion joined by Roberts, J., and joined in part by Ishee, J. Carlton, J., dissents with separate written opinion. Griffis, P.J., Myers and Barnes, JJ., not participating. Specially Concurring Opinion: Maxwell, J. Votes: Roberts, J., joins this opinion. Ishee, J., joins this opinion in part. Dissenting Opinion: Carlton, J.

Stone Investment Company, Inc. v. Estate of Arlan Robinson and William Head Realty; Stone Chancery Court; LC Case #: 2007-0112-TH; Ruling Date: 12/04/2009; Ruling Judge: James Thomas, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Mario London v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR 2008-680-CD; Ruling Date: 08/25/2009; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. Russell, J., not participating. Order entered.

Jonathan Cooper a/k/a Jonathan Dewayne Cooper v. State of Mississippi; Washington Circuit Court; LC Case #: 2008-0237; Ruling Date: 11/18/2009; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied. Myers and Carlton, JJ., not participating. Order entered.

Albert Kea v. Lisa Keys and State Farm Insurance Companies; Simpson Circuit Court; LC Case #: 2006-250; Ruling Date: 01/15/2010; Ruling Judge: Robert Evans; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Barnes, J., not participating. Order entered.

Gilda H. Davis and Joseph Davis, Jr. v. Biloxi Public School District, Biloxi Public School Board, Board of Trustees, Dr. Paul A. Tisdale, Superintendent, Biloxi Public School District, Dr. Robert W. Bowles, Deputy Superintendent, Biloxi Public School District, Dr. Larry Drawdy, Biloxi Public School District, Lawyer Gerald Blessey, Biloxi Public School District, Bonnie Granger, Controller/Director of Business Management, Susan Brand, Principal, Beauvoir Elementary School, Biloxi Public School District, Individually; Harrison Circuit Court 2nd District; LC Case #: A2402-2009-00035; Ruling Date: 02/05/2010; Ruling Judge: Lisa Dodson; Disposition: The motion for rehearing is denied. Maxwell, J., not participating. Order entered.

Walter Conner v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2008-0024; Ruling Date: 02/09/2010; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Order entered.

Harry Baker Smith Architects II, PLLC v. Sea Breeze I, LLC and Roy Anderson Corporation; Harrison Chancery Court 2nd District; LC Case #: C2402-09-764(3); Ruling Date: 03/31/2010; Ruling Judge: James Persons; Disposition: The motion for rehearing is denied. Order entered.

Falanda Wilson v. Baptist Memorial Hospital - North Mississippi, Inc. and Jane Doe; Lafayette Circuit Court; LC Case #: L09-348; Ruling Date: 04/26/2010; Ruling Judge: Henry Lackey; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit 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 appellees. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Maxwell and Russell, JJ., concur. Carlton, J., dissents without separate written opinion. Myers, J., not participating.

Robert Lee Buchanan v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-08-136; Ruling Date: 03/11/2010; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Irving, P.J., and Carlton, J., would grant. Order entered.

University of Mississippi Medical Center v. Donnie Foster and Shirley Foster as Legal Guardians of the Minor Child, Malik R. Caldwell and on Behalf of the Wrongful Death Beneficiaries of Tamika Foster; Hinds Circuit Court 1st District; LC Case #: 251-07-142CIV; Ruling Date: 01/04/2010; Ruling Judge: Tomie Green; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: Griffis, P.J., Barnes, Roberts, Carlton and Maxwell, JJ., concur. Russell, J., dissents with separate written opinion joined by Irving, P.J. Lee, C.J., and Myers, J., not participating. Dissenting Opinion: Russell, J. Votes: Irving, P.J., joins this opinion.

Dr. Bertin C. Chevis v. Mississippi Farm Bureau Mutual Insurance Company; Hancock Circuit Court; LC Case #: 08-0514; Ruling Date: 04/21/2010; Ruling Judge: John Gargiulo ; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Hancock County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts and Carlton, JJ., concur. Russell, J., dissents with separate written opinion joined by Irving, P.J., and Myers, J. Dissenting Opinion: Russell, J. Votes: Irving, P.J., and Myers, J., join this opinion.

Kenneth Dewayne Hunt v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0086-CR1; Ruling Date: 05/18/2010; Ruling Judge: James Kitchens, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Stephen D. Reffalt, Jr. v. Gloria F. Reffalt; Hancock Chancery Court; LC Case #: C2301-23,242(3); Ruling Date: 02/12/2009; Ruling Judge: Sanford Steckler; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Hancock County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts and Maxwell, JJ., concur. Russell, J., dissents with separate written opinion. Myers and Carlton, JJ., not participating. Dissenting Opinion: Russell, J.

Lisa Wansley v. Victoria Brent; Hinds Circuit Court 1st District; LC Case #: 251-08-362CIV; Ruling Date: 12/23/2009; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is denied. Irving, P.J., and Carlton, J., would grant. Russell, J., not participating. Order entered.

Richard P. Sizemore v. Francis Clifton Pickett; Jackson Chancery Court; LC Case #: 2009-2622 NH; Ruling Date: 06/07/2010; Ruling Judge: D. Harris, Sr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Jackson County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Ishee, Roberts, Maxwell and Russell, JJ., concur. Barnes, J., concurs in part and in the result without separate written opinion. Irving, P.J., dissents with separate written opinion. Myers, J., not participating. Dissenting Opinion: Irving, P.J.

Willie C. Johnson v. Hazel Gwendolyn Johnson; Hinds Chancery Court 1st District; LC Case #: G2001-2002 W/4; Ruling Date: 06/21/2010; Ruling Judge: Patricia Wise; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. The appellant is ordered to pay $1,500 in attorney's fees on appeal to the appellee. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ., concur. Irving, P.J., concurs in part and in the result. Myers, J., not participating.

Carson Johnson v. State of Mississippi; Adams Circuit Court; LC Case #: 09-KA-051-J; Ruling Date: 03/02/2010; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Adams County of conviction of Count I, burglary of a dwelling, and sentence of twenty years; and Count II, possession of a weapon by a convicted felon, and sentence of ten years, with the sentences to run concurrently, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Adams County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts and Russell, JJ., concur. Carlton, J., specially concurs with separate written opinion joined by Lee, C.J., and Russell, J. Myers, J., not participating. Specially Concurring Opinion: Carlton, J. Votes: Lee, C.J., and Russell, J., join this opinion.