12/14/2021 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, Joel, J.
XX  2020-CA-00931-COA

Lemond Robertson, as Guardian and Next Friend of A.R., a Minor v. Houston, Mississippi Public School District; Chickasaw Circuit Court 1st District; LC Case #: H2018-103L; Ruling Date: 07/20/2020; Ruling Judge: John Luther; Majority Opinion: Smith, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Barnes, C.J., Wilson, P.J., Greenlee and Lawrence, JJ., Concur. Carlton, P.J., Dissents With Separate Written Opinion, Joined by Westbrooks, McDonald, McCarty and Emfinger, JJ. Dissenting Opinion: Carlton, P.J. Votes: Westbrooks, McDonald, McCarty and Emfinger, JJ., Join This Opinion.

Durrant Inc. and Bennett Hills Inc. v. Lee County, Mississippi, Lee County Chancery Clerk, Lee County Tax Assessor, Lee County Tax Collector, State of Mississippi, Raptor Hotel LLC, and Comerica Inc.; Lee Chancery Court; LC Case #: 19-0686-41-M; Ruling Date: 11/08/2019; Ruling Judge: Jacqueline Mask; Majority Opinion: Lawrence, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant Bennett Hills Inc. and Appellee Lee County, Mississippi, taxed equally with costs of appeal. Votes: Carlton and Wilson, P.JJ., Greenlee, Westbrooks, McCarty, Smith and Emfinger, JJ., Concur. McDonald, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Barnes, C.J., Not Participating.

John Tallant a/k/a John Harley Tallant a/k/a John H. Tallant v. State of Mississippi; Lee Circuit Court; LC Case #: CR17-388(KM)L; Ruling Date: 09/03/2020; Ruling Judge: Kelly Mims; Majority Opinion: McDonald, J. Disposition: Affirmed. Lee County taxed with costs of appeal. Votes: Barnes, C.J., Carlton and Wilson, P.JJ., Greenlee, Westbrooks, Lawrence, McCarty, Smith and Emfinger, JJ., Concur.

Bobby E. Wilson, Jr. a/k/a Bobby Wilson, Jr. a/k/a Bobby E. Wilson a/k/a Bobby Earl Wilson v. State of Mississippi; Warren Circuit Court; LC Case #: 75CI1:20-cv-00035; Ruling Date: 07/08/2020; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Barnes, C.J. Disposition: Affirmed. Warren County taxed with costs of appeal. Votes: Carlton, P.J., Greenlee, Westbrooks, McDonald, Lawrence, McCarty, Smith and Emfinger, JJ., Concur. Wilson, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Luther Greer and Brandi Greer v. Sandra Akers; Tippah Chancery Court; LC Case #: 2018-293-W; Ruling Date: 04/24/2019; Ruling Judge: Robert Whitwell; Disposition: The appellants' motion to reconsider denying their request for appellate attorney's fees is denied. Greenlee and Smith, JJ., not participating. Order entered 12/09/2021.

William Hays Stephens v. Rachel Stephens; Oktibbeha Chancery Court; LC Case #: 53CH1:16-cv-00004-DWC; Ruling Date: 08/26/2019; Ruling Judge: Paula Drungole-Ellis; Consolidated with 2020-CA-00106-COA William Hays Stephens v. Rachael Stephens; Oktibbeha Chancery Court; LC Case #: 53CH1:16-cv-00004-DWC; Ruling Date: 01/27/2020; Ruling Judge: Paula Drungole-Ellis; Disposition: The appellee's amended motion for appellate attorney's fees is granted. The appellee is awarded $9,076.99 in appellate attorney's fees and expenses related to these consolidated appeals. Order entered 12/09/2021.

Barry Alexander v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 25CI1:19-cv-00850-EFP; Ruling Date: 02/11/2020; Ruling Judge: Eleanor Peterson; Disposition: The motion for rehearing is denied. The original opinion of this Court is withdrawn, and this modified opinion is substituted in its place. Affirmed. McDonald, J., not participating. See opinion rendered.

Barry Alexander v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 25CI1:19-cv-00850-EFP; Ruling Date: 02/11/2020; Ruling Judge: Eleanor Peterson; Majority Opinion: Westbrooks, J. Disposition: The motion for rehearing is denied. The original opinion of this Court is withdrawn, and this modified opinion is substituted in its place. Affirmed. Appellant taxed with costs of appeal. Votes: Carlton, P.J., Greenlee, Lawrence, McCarty and Smith, JJ., Concur. Barnes, C.J., Wilson, P.J., and Emfinger, J., Concur in Part and in the Result Without Separate Written Opinion. McDonald, J., Not Participating.

Patrick Fluker a/k/a Patrick Dantre Fluker a/k/a Patrick D. Fluker v. State of Mississippi; Forrest Circuit Court; LC Case #: 18CI1:19-cv-00251; Ruling Date: 06/24/2020; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing is denied.

Melinda Thomas v. The Shed 53, LLC; Harrison Circuit Court 1st District; LC Case #: 24CI1:17-cv-00204; Ruling Date: 10/01/2020; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Barnes, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlton and Wilson, P.JJ., Greenlee, Lawrence, Smith and Emfinger, JJ., Concur. Westbrooks, J., Concurs in Part and in the Result Without Separate Written Opinion. McDonald, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. McCarty, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by McDonald, J.; Westbrooks, J., Joins In Part. Concurring in Part and Dissenting in Part Opinion: McCarty, J. Votes: McDonald, J., Joins This Opinion. Westbrooks, J., Joins This Opinion in Part.

John Myles a/k/a John F. Myles v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 25CI1:15-cv-00548; Ruling Date: 12/30/2020; Ruling Judge: Betty Sanders; Disposition: On the Court's own motion, the mandate is hereby recalled. The appellant's pro se motion to reconsider dismissing his untimely appeal is denied. Barnes, C.J., and Smith, J., would not recall the mandate. Order entered 12/13/2021.

Coby Cook a/k/a Coby O. Cook v. State of Mississippi; Webster Circuit Court; LC Case #: 78CI1:21-cv-00005; Ruling Date: 02/24/2021; Ruling Judge: Joseph Loper, Jr.; Disposition: On the Court's own motion, the mandate is hereby recalled for the limited purpose of considering Coby Cook's pro se motion for reconsideration of the dismissal of this appeal. Cook's pro se motion for reconsideration of the dismissal of this appeal is denied. Barnes, C.J., and Smith, J., would not recall the mandate. Order entered 12/13/2021.

Johnathan D. Cooper a/k/a Jonathan Cooper a/k/a Jonathan D. Cooper v. State of Mississippi; Washington Circuit Court; LC Case #: 76CI1:21-cv-00037; Ruling Date: 06/16/2021; Ruling Judge: W. Hines; Disposition: On the Court's own motion, this untimely appeal is dismissed. All costs of this appeal are assessed to Washington County. Order entered 12/09/2021.