12/15/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2008-KA-01348-COA

Fonshanta Anthony v. State of Mississippi; Marshall Circuit Court; LC Case #: 2006-000012; Ruling Date: 08/22/2007; Ruling Judge: Andrew Howorth; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Marshall County of conviction of felony child abuse and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Marshall County. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Barnes, Ishee, Roberts and Carlton, JJ., concur. Griffis, J., concurs in result only.

Kelly L. Wright v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-07-894CIV; Ruling Date: 09/26/2008; Ruling Judge: William Coleman; Majority Opinion: Maxwell, J. Disposition: The judgment of the Circuit Court of Hinds 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: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Roberts and Carlton, JJ., concur.

Mississippi Department of Human Services v. Pamela W. McDonald; Hinds Circuit Court 1st District; LC Case #: 251-04-1206 CIV; Ruling Date: 11/26/2007; Ruling Judge: W. Yerger; Majority Opinion: Roberts, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee, Carlton and Maxwell, JJ., concur.

City of Hattiesburg, Mississippi v. J.W. McArthur and Kenney Properties, Inc.; Forrest Circuit Court; LC Case #: CI07-0159; Ruling Date: 06/04/2008; Ruling Judge: Roger Clark; Majority Opinion: Roberts, J. Disposition: The judgment of the Circuit Court of Forrest County is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes, Ishee and Maxwell, JJ., concur. Carlton, J., dissents without separate written opinion.

Bridgit Williams v. State of Mississippi; Madison Circuit Court; LC Case #: 2004-0413; Ruling Date: 02/03/2005; Ruling Judge: Samac Richardson; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Madison County of conviction of felony shoplifting and sentence as a habitual offender of ten years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation and to pay a fine of $10,000 is affirmed. All costs of this appeal are assessed to Madison County. Votes: King, C.J., Lee, P.J., Irving, Ishee and Carlton, JJ., concur. Roberts, J., dissents with separate written opinion joined by Myers, P.J., Griffis and Maxwell, JJ. Dissenting Opinion: Roberts, J. Votes: Myers, P.J., Griffis and Maxwell, JJ., join this opinion.

Patricia Ann Brown v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CR07-160; Ruling Date: 04/10/2008; Ruling Judge: Thomas Gardner, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Pontotoc County of conviction of possession of cocaine, a schedule II controlled substance, and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrections without eligibility for parole or probation is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Gary Houston v. Robert Willis; Grenada Chancery Court; LC Case #: 07-02-026ML; Ruling Date: 04/07/2008; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Grenada 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 to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Irving, J., concurs in part and dissents in part without separate written opinion.

The Heritage Building Property, LLC, Jenkins Heritage, LLC and Elverton Investments, LLC v. Prime Income Asset Management, Inc. and TCI Heritage Building, Inc.; Rankin Chancery Court; LC Case #: 62578; Ruling Date: 07/25/2008; Ruling Judge: John Grant, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Rankin County is reversed and rendered. Judgment in the amount of $95,267.50 is entered in favor of the appellants. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., not participating.

Albert Duckett and Alice Duckett v. Mayor and Board of Alderman of the City of Ocean Springs, Mississippi; Jackson Circuit Court; LC Case #: 2007-00-130(3); Ruling Date: 07/02/2008; Ruling Judge: Dale Harkey; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Jackson County is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Lee, P.J., Irving, Barnes, Roberts and Maxwell, JJ., concur. Carlton, J., dissents with separate written opinion. Myers, P.J., and Ishee, J., not participating. Dissenting Opinion: Carlton, J.

Bluewater Logistics, LLC, Bluewater Bay LLC, Patricia L. Mosser, Marquetta Smith and Michael J. Floyd v. James Stewart Williford, Jr.; Forrest Chancery Court; LC Case #: 06-0092-GN-W; Ruling Date: 01/07/2008; Ruling Judge: Johnny Williams; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Forrest County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in result only without separate written opinion. Griffis, J., dissents without separate written opinion.

Damita Ann Hill v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2006-187; Ruling Date: 06/21/2007; Ruling Judge: Stephen Simpson; Majority Opinion: Irving, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of felonious child abuse and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Tabatha Renee Quick Saint v. Jeffrey Dale Quick; Simpson Chancery Court; LC Case #: 2006-016; Ruling Date: 05/21/2008; Ruling Judge: Joe Walker; Majority Opinion: Irving, J. Disposition: The judgment of the Simpson County Chancery Court is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed one-half to the appellant and one-half to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Dashawn Romale Thompson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2008-00411; Ruling Date: 09/12/2008; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Harrison County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Mississippi Gaming Commission v. Edward Simon; Tunica Circuit Court; LC Case #: 2007-282; Ruling Date: 10/30/2008; Ruling Judge: Albert Smith, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Tunica County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Julvanna, LLC v. Economy Inns, Inc., A Mississippi Corporation; Harrison Chancery Court 2nd District; LC Case #: C-2402-2005-424(3); Ruling Date: 11/19/2007; Ruling Judge: Sanford Steckler; Majority Opinion: Lee, P.J. Disposition: The judgment of the Harrison County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Joseph Young v. James Merritt; Coahoma Circuit Court; LC Case #: 14-CI-07-0070; Ruling Date: 05/26/2008; Ruling Judge: Kenneth Thomas; Majority Opinion: Lee, P.J. Disposition: The judgment of the Coahoma County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving, Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., concur.

Tameca Drummer v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR06-340; Ruling Date: 04/18/2008; Ruling Judge: James Roberts, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Alcorn County of conviction of possession of marijuana and sentence as a habitual offender of life in the custody of the Mississippi Department of Corrections without eligibility for parole or probation is affirmed. All costs of this appeal are assessed to Alcorn County. Votes: King, C.J., Myers, P.J., Irving, Griffis, Ishee, Roberts, Carlton and Maxwell, JJ., concur. Barnes, J., concurs in part and in the result.

Shirley Ann James Hanshaw v. Larry Hanshaw; Lafayette Chancery Court; LC Case #: 98-206R; Ruling Date: 07/29/2005; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Griffis, J. Disposition: Appellant's motion for rehearing is granted. The prior opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Lafayette County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee and Myers, P.JJ., Barnes and Ishee, JJ., concur. Irving, J., dissents with separate written opinion. King, C.J., Roberts, Carlton and Maxwell, JJ., not participating. Dissenting Opinion: Irving, J.

Jeffrey J. Jackson v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2003-0106-CR2; Ruling Date: 12/05/2003; Ruling Judge: Kenneth Thomas; Disposition: The motion for rehearing is denied. Order entered.

The Goodyear Tire & Rubber Company f/k/a Kelly Springfield, Inc. and Big 10 Tire Company v. Nicholas L. Kirby, Jr., Administrator of the Estate of Travis C. Kirby, Deceased and Nicholas L. Kirby, Jr., Shirley S. Kirby, Nicholas L. Kirby, III, Individually Riley D. Strickland and Sidney Odom; Copiah Circuit Court; LC Case #: 2002-0619; Ruling Date: 11/15/2006; Ruling Judge: Forrest Johnson, Jr.; Disposition: The motion for rehearing is denied. Griffis, Barnes and Carlton, JJ., would grant. Order entered.

Anthony Sneed a/k/a Trigger; Anthony Smith a/k/a Sticky; Thomas German a/k/a Tommy C; Jamario Brady a/k/a Mario a/k/a Turtle and Johnny Bickham v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2006-0065; Ruling Date: 02/23/2007; Ruling Judge: Charles Webster; Disposition: The motions for rehearing are denied. Order entered.

Covenant Health & Rehabilitation of Picayune, LP and Covenant Dove, Inc. v. Nellie Lumpkin, by and through Fred Lumpkin, Next Friend; Pearl River Circuit Court; LC Case #: 2006-0438; Ruling Date: 03/09/2007; Ruling Judge: Prentiss Harrell; Majority Opinion: Ishee, J. Disposition: The appellants' motion for rehearing is granted. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Circuit Court of Pearl River County is affirmed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis, Barnes and Roberts, JJ., concur. Carlton and Maxwell, JJ., not participating.

The Estate of Eula Mae Fedrick By and Through Sue Sykes, Administratrix v. Quorum Health Resources, Inc., Neshoba County and Marvin Page; Neshoba Circuit Court; LC Case #: 00-CV-0252-NS-C; Ruling Date: 02/06/2007; Ruling Judge: Vernon Cotten; Majority Opinion: Roberts, J. Disposition: The motion for rehearing is granted. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Neshoba County Circuit Court is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed equally between the appellant and the appellees. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Griffis and Ishee, JJ., concur. Carlton, J., dissents without separate written opinion. Barnes and Maxwell, JJ., not participating.

Robert D. Cooper, Donald B. Dunaway and Connie Burford v. Winnie Gilder and Cooper Gilder, Inc., Individually and as the Administratrix C.T.A. of the Estate of James A. Gilder, Deceased; Washington Chancery Court; LC Case #: 05-0345; Ruling Date: 04/11/2007; Ruling Judge: Marie Wilson; Disposition: The motion for rehearing is denied. Griffis, Barnes, Roberts, Carlton and Maxwell, JJ., would grant. Order entered.

Darrius Eubanks v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-285; Ruling Date: 07/26/2005; Ruling Judge: Tomie Green; Disposition: The motion for rehearing is denied. Order entered.

John Albert Woods, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-2006-00044; Ruling Date: 03/09/2007; Ruling Judge: Lisa Dodson; Disposition: The motion for rehearing is denied. Order entered.

Amfed Companies, LLC and American Federated Insurance Company v. Jennifer Brown Jordan; Jones Circuit Court 1st District; LC Case #: 2003-18-CV5; Ruling Date: 07/30/2007; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Order entered.

In the Matter of the Estate of Robert Wayne Hall, Deceased: Alice Mitchell v. David Poynor; Calhoun Chancery Court; LC Case #: 2003-153-R; Ruling Date: 09/18/2007; Ruling Judge: Edwin Roberts, Jr.; Disposition: The motion for rehearing is denied. King, C.J., Lee, P.J., and Barnes, J., would grant. Irving and Roberts, JJ., not participating. Order entered.

Mary Martin v. Tammy Weatherford and Richard Williams; Washington Circuit Court; LC Case #: CI-99-0023; Ruling Date: 09/19/2007; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied. Carlton, J., would grant. Order entered.

Steve Ruth v. London Suzette Burchfield; Lowndes Chancery Court; LC Case #: 99,0632-D; Ruling Date: 10/19/2007; Ruling Judge: H. Davidson, Jr.; Majority Opinion: Irving, J. Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn, and this opinion is substituted therefor. The judgment of the Lowndes County Chancery Court is affirmed on direct and cross-appeal. All costs of this appeal are assessed to the appellant/cross-appellee. Votes: King, C.J., Lee and Myers, P.JJ., Griffis and Barnes, JJ., concur. Maxwell, J., dissents without separate written opinion. Carlton, J., dissents with separate written opinion joined by Ishee, J. Roberts, J., not participating. Dissenting Opinion: Carlton, J. Votes: Ishee, J., joins this opinion.

Sarah Lynn Hudspeth v. State of Mississippi; Kemper Circuit Court; LC Case #: 2007-CR-49; Ruling Date: 11/30/2007; Ruling Judge: Lester Williamson, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Alexander Womack and Maurice Womack v. State of Mississippi; Simpson Circuit Court; LC Case #: 2007-25-K; Ruling Date: 10/12/2007; Ruling Judge: Robert Evans; Disposition: The motion for rehearing is denied. Order entered.

Terrance Watkins v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2007-032-CR2; Ruling Date: 11/30/2007; Ruling Judge: Charles Webster; Disposition: The motions for rehearing are denied. Order entered.

Tequelia T. Thomas a/k/a Taquelia Travert Thomas v. Anthony Jones and Philadelphia Indemnity Insurance Company; Warren Circuit Court; LC Case #: 06-0174-CI; Ruling Date: 12/06/2007; Ruling Judge: Frank Vollor; Disposition: The motion for rehearing is denied. Griffis and Roberts, JJ., would grant. Order entered.

Danny Allen Westbrook v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-2007-00078; Ruling Date: 08/08/2007; Ruling Judge: Stephen Simpson; Disposition: The motion for rehearing is denied. Order entered.

Eugene C. Frazier, Et al v. Simon Frazier. Et al; Hinds Chancery Court 2nd District; LC Case #: G2007-29 0/3; Ruling Date: 03/03/2008; Ruling Judge: Denise Owens; Disposition: The motion for rehearing is denied. Roberts, J., not participating. Order entered.

Cavin Earl Reed v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B240207-344; Ruling Date: 03/20/2008; Ruling Judge: Jerry Terry, Sr.; Disposition: The motion for rehearing is denied. Order entered.

In the Matter of the Last Will and Testament and Estate of Mack H. McCorkle, Sr., Deceased: Donald McCorkle v. Ruth Beeson, Administratrix of the Estate of Mack McCorkle, Sr., Deceased; Amite Chancery Court; LC Case #: 2003-0149; Ruling Date: 03/07/2008; Ruling Judge: Debbra Halford; Disposition: The motion for rehearing is denied. Order entered.

Dewayne Price v. State of Mississippi; Attala Circuit Court; LC Case #: 2007-099-(C)-CR; Ruling Date: 03/18/2008; Ruling Judge: Joseph Loper, Jr.; Disposition: The motion for rehearing is denied. Order entered.

Steven Jones v. Rachel Jones; Madison Chancery Court; LC Case #: 2007-0022; Ruling Date: 12/07/2007; Ruling Judge: Cynthia Brewer; Majority Opinion: Carlton, J. Disposition: The judgment of the Madison County Chancery Court is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Irving and Ishee, JJ., concur. Roberts, J., concurs in part without separate written opinion. Barnes and Maxwell, JJ., concur in part and in the result without separate written opinion. Griffis, J., dissents with separate written opinion. Lee, P.J., not participating. Dissenting Opinion: Griffis, J.

David Jackson Williams v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK06-083; Ruling Date: 09/27/2007; Ruling Judge: Andrew Howorth; Majority Opinion: Irving, J. Disposition: The judgment of the Lafayette County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Barnes, Ishee and Carlton, JJ., concur. King, C.J., dissents without separate written opinion. Roberts, J., dissents with separate written opinion joined by Griffis, J. Maxwell, J., not participating. Dissenting Opinion: Roberts, J. Votes: Griffis, J., joins this opinion.

Bennie E. Lacey a/k/a Bennie E. Lacy a/k/a Benny E. Lacey a/k/a Bandigo Lacey a/k/a Bendo a/k/a Bennie Everette Lacey v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2008-54-B; Ruling Date: 05/08/2008; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied. Order entered.

Roberto Giles, a Minor, by and Through his Father and Next Friend, Robert Lee Giles and Antonio Giles, a Minor, by and Through his Father and Next Friend, Robert Lee Giles v. Robert A. Brown and Leake County, Mississippi Board of Supervisors; Leake Circuit Court; LC Case #: 04-CV-212-LE-C; Ruling Date: 04/14/2008; Ruling Judge: Vernon Cotten; Disposition: The motion for rehearing is denied. King, C.J., Lee, P.J., Irving and Barnes, JJ., would grant. Order entered.

Curley Camp, Howard Camp and Marty Tate d/b/a Tate Logging v. Clint Stokes; Monroe Chancery Court; LC Case #: CV2007-000458-JEM; Ruling Date: 05/20/2008; Ruling Judge: Jacqueline Mask; Disposition: The motion for rehearing is denied. Order entered.

Willie L. Brown v. Robinson Property Group, Limited Partnership d/b/a Horseshoe Casino and Hotel and Zurich American Insurance Company; Tunica Circuit Court; LC Case #: 2006-0072; Ruling Date: 01/03/2007; Ruling Judge: Albert Smith, III; Disposition: The motion for rehearing is denied. Order entered.

Phyllis Minter v. John C. Minter; Lamar Chancery Court; LC Case #: 2000-0233-GN-W; Ruling Date: 05/28/2008; Ruling Judge: Johnny Williams; Disposition: The motion for rehearing is denied. Order entered.

Wendell Duncan v. State of Mississippi; Washington Circuit Court; LC Case #: CI2005-24; Ruling Date: 05/14/2008; Ruling Judge: W. Hines; Disposition: The motion for rehearing is denied. King, C.J., and Carlton, J., not participating. Order entered.

Margie Edna (Galloway) Mallett Wilson v. Byron Keith Mallett; DeSoto Chancery Court; LC Case #: 02-07-977(VC); Ruling Date: 07/02/2008; Ruling Judge: Vicki Cobb; Disposition: The motion for rehearing is denied. Order entered.

Melissa Ann Betts v. Chalmus Barry Massey; Neshoba Chancery Court; LC Case #: 2005-323; Ruling Date: 06/27/2008; Ruling Judge: Edward Fenwick; Majority Opinion: Carlton, J. Disposition: The judgment of the Neshoba County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Roberts and Maxwell, JJ., concur. Irving, J., dissents with separate written opinion joined by Griffis, Barnes and Ishee, JJ. Dissenting Opinion: Irving, J. Votes: Griffis, Barnes and Ishee, JJ., join this opinion.

Jon Kurrie Peterson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-08-129; Ruling Date: 07/23/2008; Ruling Judge: Roger Clark; Disposition: The motion for rehearing is denied. Order entered.

Christopher Lagarde and Elizabeth Bosarge v. Alan Lagarde and Lisa Lagarde; Hancock Chancery Court; LC Case #: C2301-06-614; Ruling Date: 05/29/2008; Ruling Judge: James Persons; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Hancock County is affirmed in part, reversed and rendered in part and 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 and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts and Maxwell, JJ., concur. Carlton, J., concurs in part and dissents in part with separate written opinion joined by King, C.J. Concurring in Part and Dissenting in Part Opinion: Carlton, J. Votes: King, C.J., joins this opinion.

Larry Wayne McKenzie v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 08-CV-096(B); Ruling Date: 09/08/2008; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied. Order entered.

Linda Laffitte and Harry Laffitte v. Southern Financial Systems, Inc.; Wayne Circuit Court; LC Case #: CV-2008-70B; Ruling Date: 10/10/2008; Ruling Judge: Robert Bailey; Disposition: The motion for rehearing is denied. Order entered.