12/16/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Fair, Eugene Love
X  2013-CA-00955-COA

Concerned Citizens of Raven Wood Subdivision, et al. v. Pearl River County, Mississippi, a Political Subdivision of the State of Mississippi; Pearl River Circuit Court; LC Case #: 2012-0113H; Ruling Date: 03/21/2013; Ruling Judge: Prentiss Harrell; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Pearl River County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton and Maxwell, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Roy McCrory and Carol McCrory v. Mississippi Department of Revenue; Hinds Chancery Court 1st District; LC Case #: G2013-988 O/3; Ruling Date: 11/25/2013; Ruling Judge: Denise Owens; Majority Opinion: Fair, J. Disposition: The judgment of the Hinds 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, Roberts, Carlton, Maxwell and James, JJ., Concur.

Landress Cheeks, Cleotha Williams, L.C. Slaughter, Shoney Harris and The Canton Utilities Commission v. London Smith, Rodriquez Brown, Eric Gilkey, Andrew Grant, Olivia Harrell, Reuben Myers, Les Penn, Daphne Sims, Arnel Bolden, Mayor and Board of Aldermen of The City of Canton, Mississippi; Madison Circuit Court; LC Case #: 2013-0219-JC; Ruling Date: 10/04/2013; Ruling Judge: William Chapman, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Madison 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, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Jeremy William Radau a/k/a Jeremy Radau a/k/a Jeremy W. Radau v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B-2402-10-465; Ruling Date: 10/04/2013; Ruling Judge: Roger Clark; Majority Opinion: Maxwell, 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: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Timothy B. Sharp a/k/a Timothy B. Sharpe a/k/a Timothy Sharp a/k/a Timothy R. Sharp v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV05-104(G)I; Ruling Date: 05/23/2013; Ruling Judge: Thomas Gardner, III; Majority Opinion: Maxwell, J. Disposition: The judgment of the Itawamba County Circuit Court denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Itawamba County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

James Hemphill v. Mississippi Department of Employment Security and Delta Distributing Company of Greenwood ; Leflore Circuit Court; LC Case #: 2013-0077CICI; Ruling Date: 03/20/2014; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Maxwell, J. Disposition: The judgment of the Leflore County Circuit Court is affirmed. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Clayton John Hickey v. Melissa Crenshaw Hickey; DeSoto Chancery Court; LC Case #: 11-CV-2018; Ruling Date: 08/27/2013; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Roberts, J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed in part and reversed and rendered in part. All costs of this appeal are divided equally between the parties. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Ricky Moore v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2013-0327-C; Ruling Date: 11/04/2013; Ruling Judge: William Chapman, III; Majority Opinion: Roberts, J. Disposition: The judgment of the Madison County Circuit Court dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Arthur Gerald Hudson and Linda S. Hudson v. Lowe's Home Centers, Inc. ; Jackson Circuit Court; LC Case #: 2012-00241(3); Ruling Date: 05/15/2014; Ruling Judge: Dale Harkey; Majority Opinion: Ishee, J. Disposition: The judgment of the Jackson County Circuit Court is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Barnes, Roberts and Fair, JJ., Concur. Griffis, P.J., and Maxwell, J., Concur in Part and in the Result Without Separate Written Opinion. Irving, P.J., and Carlton, J., Concur in Result Only Without Separate Written Opinion. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Craig Steven Bentrup a/k/a Craig Bentrup v. Christopher Epps, Commissioner, Mississippi Department of Corrections; Rankin Circuit Court; LC Case #: 2012-66-E; Ruling Date: 11/08/2012; Ruling Judge: John Emfinger; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Rankin County Circuit Court is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee, C.J., Irving, P.J., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Debra Bartley-Rice v. State Farm Mutual Automobile Insurance Company, Idalan Haymon and Judy Austin; Holmes Circuit Court; LC Case #: 2011-0233; Ruling Date: 05/13/2013; Ruling Judge: Jannie Lewis; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Holmes County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Irving, P.J., Dissents With Separate Written Opinion, Joined In Part by James, J. Dissenting Opinion: Irving, P.J. Votes: James, J., Joins This Opinion in Part.

Claude E. Pickett v. Michael T. Gallagher, Gallagher Young Lewis Hampton and Downey, L.L.P., Schwartz & Associates, P.A., Richard B. Schwartz and Robert C. Arledge; Jefferson Circuit Court; LC Case #: 2010-26; Ruling Date: 06/26/2012; Ruling Judge: Lamar Pickard; Disposition: The motion for rehearing is denied.

Wayne Marisco and Sandy Marisco v. Allstate Insurance Company; Pearl River Circuit Court; LC Case #: 2011-0336H; Ruling Date: 08/20/2012; Ruling Judge: Prentiss Harrell; Disposition: The appellee's motion for rehearing is denied. Griffis, P.J., would grant.

Wayne Marisco and Sandy Marisco v. Allstate Insurance Company; Pearl River Circuit Court; LC Case #: 2011-0336H; Ruling Date: 08/20/2012; Ruling Judge: Prentiss Harrell; Disposition: The appellant's motion for rehearing is denied.

Deidi Rodrigue v. Mitchell Rodrigue; Forrest Chancery Court; LC Case #: 2011-0463-GN-DO; Ruling Date: 10/11/2012; Ruling Judge: M. Doleac; Disposition: The motion for rehearing is denied. Irving, P.J., would grant. Fair, J., not participating.

King Metal Buildings, Inc. v. Renasant Insurance, Inc., Fidelity & Deposit Company of Maryland and Miles Roland Byrd; Winston Circuit Court; LC Case #: 2010-212 CVM; Ruling Date: 11/07/2012; Ruling Judge: C. Morgan, III; Disposition: The motion for rehearing is denied. Griffis, P.J., would grant.

Health Care Medical, Inc. and Valerie Harden Tolley v. Christy Good; Madison Circuit Court; LC Case #: CI-2006-0182R; Ruling Date: 03/12/2013; Ruling Judge: John Emfinger; Disposition: The motion for rehearing is denied. Carlton, J., would grant.

Scotty B. Lyles v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2006-0193-CR; Ruling Date: 09/17/2013; Ruling Judge: James Kitchens, Jr.; Disposition: This appeal is dismissed as untimely pursuant to Mississippi Rule of Appellate Procedure 2(a)(1). All costs associated with this appeal are assessed to Oktibbeha County. Order entered.