01/07/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
  2009-CA-00542-SCT

McLea Developers, Inc. d/b/a Leach Construction v. St. Paul Guardian Insurance Company; Lowndes Circuit Court; LC Case #: 2006-0010-CV1; Ruling Date: 03/04/2009; Ruling Judge: Lee Howard; Majority Opinion: Pierce, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur.

Mildred Elaine Thompson Rayner, Individually and Michelle Lynn Rayner Bynum, As Natural Mother and Next Friend of Billy Joe David Bynum, A Minor v. Sheriff Ronnie Pennington, for the County of Rankin, Mississippi, Michael B. McCarty, and John Does 1-6; Rankin Circuit Court; LC Case #: 2007-73C; Ruling Date: 07/14/2008; Ruling Judge: William Chapman, III; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

Robert W. Kennedy v. Illinois Central Railroad Company; Pike Circuit Court; LC Case #: 06-274-PCT; Ruling Date: 10/15/2008; Ruling Judge: Michael Taylor; Majority Opinion: Carlson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Randolph, J., not participating.

Gallagher Bassett Services, Inc. v. Gary Lee Malone and Nabors Drilling USA, Inc.; Jones Circuit Court 2nd District; LC Case #: 2003-230-CV12; Ruling Date: 11/06/2006; Ruling Judge: Billy Landrum; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson and Kitchens, JJ., Concur. Graves, P.J., Concurs in Result Only. Chandler, J., Dissents With Separate Written Opinion. Randolph and Pierce, JJ., not participating. Dissenting Opinion: Chandler, J.

Mack Arthur King v. State of Mississippi; Lowndes Circuit Court; LC Case #: 6716; Ruling Date: 03/28/2003; Ruling Judge: R. Coleman; Disposition: Motion for rehearing filed by appellant is denied. Dickinson and Kitchens, JJ., would grant.

Martha Lott v. Hudspeth Center and Mississippi State Agencies Workers' Compensation Trust; Montgomery Circuit Court; LC Case #: 2006-0120CVL; Ruling Date: 08/20/2007; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Pierce, J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Montgomery County Circuit Court is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph and Lamar, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J. Dickinson and Chandler, JJ., not participating. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion.

Linda Stacy, Individually and as Mother and Natural Guardian of Aleigha Triplett, a minor v. William Johnson, M.D., Magnolia Regional Health Center, Alcorn County, Mississippi, By and Through Its Board of Supervisors; and City of Corinth; Alcorn Circuit Court; LC Case #: 98-348-G-A; Ruling Date: 10/02/2007; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by counsel for Linda Stacy, Individually and as Mother and Natural Guardian of Aleigha Triplett, a minor, was granted by order of this Court on November 12, 2009. After consideration, the court finds that the petition was improvidently granted and should be dismissed. The petition for writ of certiorari filed by Linda Stacy, Individually and as Mother and Natural Guardian of Aleigha Triplett, a minor, is dismissed as improvidently granted. Not to Dismiss: Graves, P.J., and Kitchens, J. Carlson, P.J., for the Court. Order entered.

Bernita J. Washington v. Woodland Village Nursing Home d/b/a H. T. Cain and Bridgefield Casualty Insurance Company; Hancock Circuit Court; LC Case #: 2403-2007-0037; Ruling Date: 12/13/2007; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed by Woodland Village Nursing Home and Bridgefield Casualty Insurance Company is denied. To Deny: Waller, C.J., Graves, P.J., Dickinson, Lamar, Kitchens and Chandler, JJ. To Grant: Carlson, P.J., Randolph and Pierce, JJ. Order entered.

In the Matter of the Estate of Kimberly Denise Pearson, Deceased: Paula Davis, Administratrix Ad Litem v. Bobby Stokes; Wayne Chancery Court; LC Case #: 2005-67; Ruling Date: 12/20/2007; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Petition for writ of certiorari filed by Paula Davis is denied. To Deny: All Justices. Order entered.

The Estate of James M. Laughter: Rubye C. Foster v. Marjorie Williams; DeSoto Chancery Court; LC Case #: 05-09-1452; Ruling Date: 04/03/2008; Ruling Judge: Percy Lynchard, Jr.; Disposition: Motion for rehearing filed by appellee is denied. Opinion modified at paragraphs 7, 10, 35 and 36. Lamar, J., not participating.

Kenyoung Fair v. State of Mississippi; Choctaw Circuit Court; LC Case #: 2007-0024-CR; Ruling Date: 02/21/2008; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed by counsel for Kenyoung Fair is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ. Not Participating: Lamar, J. Order entered.

Mary Scaggs v. GPCH-GP, Inc. d/b/a Garden Park Medical Center; Harrison Circuit Court 1st District; LC Case #: A2401-2004-109; Ruling Date: 05/22/2008; Ruling Judge: Jerry Terry, Sr.; Disposition: Motion for rehearing filed by appellee is denied. Carlson, P.J., would grant.

Andria Sawyers v. Herrin-Gear Chevrolet Company, Inc. and American Bankers Insurance Company of Florida; Wayne Circuit Court; LC Case #: CV-2008-66-B; Ruling Date: 07/30/2008; Ruling Judge: Robert Bailey; Majority Opinion: Carlson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J. Chandler, J., Dissents With Separate Written Opinion. Dickinson, J., not participating. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion. Dissenting Opinion: Chandler, J.

George Dunbar Prewitt, Jr. v. P. Scott Phillips; Washington Circuit Court; LC Case #: CI2007-73; Ruling Date: 06/30/2008; Ruling Judge: Margaret Carey-McCray; Disposition: Petition for writ of certiorari filed pro se by George Dunbar Prewitt, Jr., is denied. To Deny: All Justices. Order entered.

Gail Saul, for and on behalf of all Wrongful Death Heirs of Raymond L. Cook, and Raymond Cook, Individually, by and through Gail Saul, his Personal Representative v. South Central Regional Medical Center, Inc.; Jones Circuit Court 2nd District; LC Case #: 2007-64-CV6; Ruling Date: 08/20/2008; Ruling Judge: Billy Landrum; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded in Part; Reversed and Rendered in Part. Appellee taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Concurs in Part With Separate Written Opinion Joined by Graves, P.J. Concurring in Part Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion.

Ronald Martin Bailey a/k/a Marty v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0114-CV1; Ruling Date: 09/05/2008; Ruling Judge: Lee Howard; Disposition: Ronald Martin Bailey's pro se "Motion for Appellate Review" is dismissed as not properly before this Court. Order entered.