01/09/2014 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
X  2012-IA-00935-SCT

Richard L. Cade Individually and d/b/a The Ridges Plantation v. Kenny Beard, Individually, and on Behalf of the Estate of Zachary Warren Beard and all Wrongful Death Beneficiaries and Mickie Beard; Jefferson Circuit Court; LC Case #: 2011-12; Ruling Date: 05/23/2012; Ruling Judge: Lamar Pickard; Consolidated with 2012-IA-00936-SCT Trustmark National Bank as Trustee of the Estates of the Defendant Trusts of, Charles Lambert Huff, Ilanette Huff Byrd and Kathleen Huff Cowling v. Kenny Beard, Individually and on Behalf of the Estate of Zachary Warren Beard and All Wrongful Death Beneficiaries and Mickie Beard; Jefferson Circuit Court; LC Case #: 2011-12; Ruling Date: 05/23/2012; Ruling Judge: Lamar Pickard; Majority Opinion: King, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler and Coleman, JJ., Concur. Pierce, J., not participating.

Larry Hammett v. State of Mississippi; Adams Circuit Court; LC Case #: 12-KV-0103; Ruling Date: 10/18/2012; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Adams County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.

Terry Hye, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: 08-11,329(3); Ruling Date: 03/05/2010; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by Terry Hye, Jr., is granted. To Grant: Waller, C.J., Kitchens, King and Coleman, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar, Chandler and Pierce, JJ. Order entered.

Kathryn Loyacono v. The Travelers Insurance Company; Warren Circuit Court; LC Case #: 06,0021-CI; Ruling Date: 10/22/2010; Ruling Judge: Richard McKenzie; Disposition: Petition for writ of certiorari filed by The Travelers Insurance Company is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., and Lamar, J. To Deny: Kitchens, Chandler, Pierce, King and Coleman, JJ. Order entered.

Timothy Joseph Patterson a/k/a Timothy Patterson, Jr. a/k/a Timothy J. Patterson a/k/a Timothy Patterson v. State of Mississippi; Scott Circuit Court; LC Case #: 10-CR-078-SC-G; Ruling Date: 01/20/2011; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed by Timothy Joseph Patterson is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. Not Participating: Dickinson, P.J. Order entered.

Curtis Boyd, By and Through Mary Mastin, Next Friend, Individually and on Behalf of and for the use and Benefit of Curtis L. Boyd v. Gregory Nunez, M.D.; Lowndes Circuit Court; LC Case #: 2006-0113-CV1; Ruling Date: 03/08/2011; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Coleman, J., Concurs in Part and in Result Without Separate Written Opinion. Randolph, P.J., and King, J., not participating.

Douglas D. Williams a/k/a Douglas Dwayne Williams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 94-1-017; Ruling Date: 07/22/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: Petition for writ of certiorari filed by Douglas D. Williams a/k/a Douglas Dwayne Williams is dismissed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens and Pierce, JJ. To Deny: Randolph, P.J., Chandler, King and Coleman, JJ. Order entered.

Peter Grossley v. State of Mississippi; Madison Circuit Court; LC Case #: 2007-0490; Ruling Date: 09/15/2008; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Peter Grossley is denied. To Deny: All Justices. Order entered.

Donald R. Brewer v. Penny Mathis Holliday; Monroe Chancery Court; LC Case #: CV2005-185-48-L; Ruling Date: 06/22/2011; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Thomas Gerhold a/k/a Thomas Joseph Gerhold v. State of Mississippi; Warren Circuit Court; LC Case #: 11,0164-CRC; Ruling Date: 09/20/2011; Ruling Judge: M. Chaney, Jr.; Disposition: Petition for writ of certiorari filed by Thomas Gerhold is denied. To Deny: All Justices. Order entered.

Newton County, Mississippi and Rodney Bounds v. State of Mississippi for the Use and Benefit of George Dukes; George Dukes; and Union Insurance Company; Newton Circuit Court; LC Case #: 10-CV-127-NWG; Ruling Date: 09/12/2011; Ruling Judge: Frank Vollor; Consolidated with 2011-CT-01501-SCT Newton County, Mississippi and Rodney Bounds v. State of Mississippi for the Use and Benefit of Joe Jordan; Joe Jordan; and Union Insurance Company; Newton Circuit Court; LC Case #: 10-CV-128-NWG; Ruling Date: 09/12/2011; Ruling Judge: Frank Vollor; Disposition: Petition for writ of certiorari filed by Union Insurance Company is granted. To Grant: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Waller, C.J. Order entered.

Newton County, Mississippi and Rodney Bounds v. State of Mississippi for the Use and Benefit of George Dukes; George Dukes; and Union Insurance Company; Newton Circuit Court; LC Case #: 10-CV-127-NWG; Ruling Date: 09/12/2011; Ruling Judge: Frank Vollor; Consolidated with 2011-CT-01501-SCT Newton County, Mississippi and Rodney Bounds v. State of Mississippi for the Use and Benefit of Joe Jordan; Joe Jordan; and Union Insurance Company; Newton Circuit Court; LC Case #: 10-CV-128-NWG; Ruling Date: 09/12/2011; Ruling Judge: Frank Vollor; Disposition: Petition for writ of certiorari filed by George Dukes and Joe Jordan is denied. To Deny: All Justices. Order entered.

Phillips Brothers, Kilby Brake Fisheries, LLC and Harry Simmons v. Ray Winstead; Yazoo Circuit Court; LC Case #: 2009-CI58; Ruling Date: 09/22/2011; Ruling Judge: Jannie Lewis; Majority Opinion: Waller, C.J. Disposition: Reversed; Remanded in Part; Rendered in Part. Appellee taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Christopher Thomas Lewis a/k/a Christopher Lewis v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-11-428; Ruling Date: 01/26/2012; Ruling Judge: Lisa Dodson; Disposition: Petition for writ of certiorari filed pro se by Christopher Thomas Lewis is denied. To Deny: All Justices. Order entered.

Charles Ferguson a/k/a Charles Furguson a/k/a Charles Ferguson, Jr. a/k/a C J v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0343-CRIC; Ruling Date: 02/21/2012; Ruling Judge: Lee Coleman; Disposition: Petition for writ of certiorari filed by Charles Ferguson is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J. Order entered.

Timothy Gene Pryer a/k/a Tim a/k/a Timothy Pryer a/k/a Timothy G. Pryer v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR04-093; Ruling Date: 01/30/2012; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by Timothy Pryer, pro se, is granted To Grant: Dickinson, P.J., Lamar, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Kitchens and Pierce, JJ. Order entered.

Bettye Logan v. Klaussner Furniture Corporation d/b/a Bruce Furniture Industries and American Casualty Company of Reading, Pennsylvania; Mississippi Workers' Compensation Commission; LC Case #: 04 13389-J-1339-A; Ruling Date: 02/06/2012; Ruling Judge: Liles Williams; Disposition: Petition for writ of certiorari filed by counsel for Klaussner Furniture Corporation d/b/a Bruce Furniture Industries and American Casualty Company of Reading, Pennsylvania is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J., and Coleman, J. Order entered.

Telecom Tower Group, LLC v. Honeysuckle Creek Holdings, Inc.; Hinds Chancery Court 2nd District; LC Case #: G-2008-8-T/I; Ruling Date: 02/28/2012; Ruling Judge: J. Thomas; Disposition: Motion of Appellee Honeysuckle Creek Holdings, Inc., to Dismiss Petition for Writ of Certiorari is denied. Order entered.

LeDarius Bonds a/k/a Le'Darius Bonds a/k/a Poo v. State of Mississippi; Pike Circuit Court; LC Case #: 11-141-PKT; Ruling Date: 04/05/2012; Ruling Judge: Michael Taylor; Disposition: Petition for writ of certiorari filed by LeDarius Bonds a/k/a Le'Darius Bonds a/k/a Poo, is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens and King, JJ. To Deny: Randolph, P.J., Chandler, Pierce and Coleman, JJ. Order entered.

Ivana Merritt a/k/a Ivanna Merritt a/k/a Ivana Marie Merritt v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 10-1-507CRW; Ruling Date: 09/30/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: Petition for writ of certiorari filed by Ivana Merritt is denied. To Deny: All Justices. Order entered.

Richard L. Cade Individually and d/b/a The Ridges Plantation v. Kenny Beard, Individually, and on Behalf of the Estate of Zachary Warren Beard and all Wrongful Death Beneficiaries and Mickie Beard; Jefferson Circuit Court; LC Case #: 2011-12; Ruling Date: 05/23/2012; Ruling Judge: Lamar Pickard; Consolidated with 2012-IA-00936-SCT Trustmark National Bank as Trustee of the Estates of the Defendant Trusts of, Charles Lambert Huff, Ilanette Huff Byrd and Kathleen Huff Cowling v. Kenny Beard, Individually and on Behalf of the Estate of Zachary Warren Beard and All Wrongful Death Beneficiaries and Mickie Beard; Jefferson Circuit Court; LC Case #: 2011-12; Ruling Date: 05/23/2012; Ruling Judge: Lamar Pickard; Disposition: Appellant's Motion to Strike Supplement to the Record and Censure the Jefferson County Circuit Clerk is granted in part and denied in part. Order entered.

Trustmark National Bank as Trustee of the Estates of the Defendant Trusts of, Charles Lambert Huff, Ilanette Huff Byrd and Kathleen Huff Cowling v. Kenny Beard, Individually and on Behalf of the Estate of Zachary Warren Beard and All Wrongful Death Beneficiaries and Mickie Beard; Jefferson Circuit Court; LC Case #: 2011-12; Ruling Date: 05/23/2012; Ruling Judge: Lamar Pickard; Consolidated with 2012-IA-00935-SCT Richard L. Cade Individually and d/b/a The Ridges Plantation v. Kenny Beard, Individually, and on Behalf of the Estate of Zachary Warren Beard and all Wrongful Death Beneficiaries and Mickie Beard; Jefferson Circuit Court; LC Case #: 2011-12; Ruling Date: 05/23/2012; Ruling Judge: Lamar Pickard; Disposition: Appellant's Motion to Strike Supplement to the Record and Censure the Jefferson County Circuit Clerk is granted in part and denied in part. Order entered.

Kenton Hal McNeese v. Katherine J. McNeese (Graves); Lamar Chancery Court; LC Case #: 2011-0202-GN-DO; Ruling Date: 07/19/2012; Ruling Judge: M. Doleac; Disposition: Motion for rehearing filed by Appellant is denied.

B.J. Hall, Carolyn Hall and Hall & Associates v. Marcus Wallace d/b/a Mac Construction Company; Hinds Circuit Court 1st District; LC Case #: 251-11-1023CIV; Ruling Date: 09/18/2012; Ruling Judge: Winston Kidd; Disposition: On the Court's own motion, the interlocutory appeal is dismissed. The stay of proceedings in this case in the Circuit Court of the First Judicial District of Hinds County is lifted, and this case is remanded to that court for further proceedings. Each party shall bear its own costs on this appeal. Randolph, P.J., disagrees. Kitchens, J., for the Court. Order entered.

Mississippi Power Company v. Mississippi Public Service Commission and Bigger Pie Forum, LLC; Hinds Chancery Court 1st District; LC Case #: 25CH1:12-CV-001254; Ruling Date: 04/02/2013; Ruling Judge: J. Thomas; Disposition: On the Court's own motion, within ten (10) days of entry of this Order, Mississippi Power Company and Bigger Pie Forum shall simultaneously file briefs, not to exceed ten (10) pages, to show cause why this appeal should not be dismissed as moot, the order of the chancery court vacated, and each party required to bear its own costs. Order entered.

Eduardo A. Flechas v. Alyce Pearl Pitts; Lincoln Chancery Court; LC Case #: 2011-0478; Ruling Date: 05/23/2013; Ruling Judge: Edward Patten, Jr.; Disposition: Flechas's Motion for Immediate, Extraordinary Relief, and Petition for Reconsideration and/or Rehearing of Previous Ruling Based on Newly Discovered Evidence and Related Legal Issues is granted. The chancery court's order 1 of February 1, 2013, and the chancery court's order 3 of September 13, 2013, all are reversed and rendered; the chancery court's order 2 of May 23, 2013, is affirmed as to finding Flechas to be in contempt of court and requiring him to pay attorney fees of $692.50, but is otherwise reversed and vacated; the chancery court shall first review whether the request contained in the subpoena seeks documents relevant under Rule 26 to the only issue before the chancery court at this time, devisavit vel non; Flechas shall produce all documents deemed relevant to the will contests by the chancery court and create a new privilege log, listing which of the relevant documents he believes are privileged; the chancery court shall then conduct an in camera, document-by-document review of the documents claimed privileged, explaining the corresponding rule or exception which may compel the production of the subpoenaed documents; the chancery court shall conduct further hearings as are required to carry out the directions of this order; and the chancery court defer consideration of further sanctions until the discovery issues are fully resolved. The stay entered by this Court on June 20, 2013, and continued on August 29, 2013, is vacated effective upon the issuance of this Court's mandate; the Motion to Dismiss and to Strike the Motion for Immediate, Extraordinary Relief, and Petition for Reconsideration and/or Rehearing of Previous Ruling Based on Newly Discovered Evidence and Related Legal Issues, or to Partially Strike is denied; Respondent's Rule 48A(d) Mississippi Rules Appellate Procedure Motion for Access to Sealed Document is denied; and Respondent is taxed with all costs of this appeal. Coleman, J., disagrees. Waller, C.J., for the Court. Order entered.