01/10/2019 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99001-SCT

In Re: The Rules of Civil Procedure; Disposition: The Motion to Amend Rule 4 and Rule 81 of the Mississippi Rules of Civil Procedure, filed by this Court's Advisory Committee on Rules is dismissed without prejudice. All Justices Agree. Order entered.

In Re: The Rules of Civil Procedure; Disposition: The Motion to Amend Rule 4(c)(5) of the Mississippi Rules of Civil Procedure and the Supplement to Motion to Amend Rule 4(c)(5) of the Mississippi Rules of Civil Procedure, filed by this Court's Advisory Committee on Rules are dismissed without prejudice. All Justices Agree. Order entered.

In Re: Mississippi Rules of Evidence; Disposition: The Motion to Amend Rule 502 of the Mississippi Rules of Evidence, filed by this Court's Advisory Committee on Rules is dismissed without prejudice. All Justices Agree. Order entered.

Lori Griffin a/k/a Lori Ann Griffin a/k/a Lori A. Griffin a/k/a Lori Ann Searcy v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0013-CR1K; Ruling Date: 03/15/2013; Ruling Judge: James Kitchens, Jr.; Disposition: The Petition for Writ of Certiorari filed by counsel for Lori Griffin is denied. The Petition for Writ of Certiorari filed pro se by Lori Griffin is also denied. To Deny Both Petitions: All Justices. Order entered 12/20/18.

Fresenius Medical Care Holdings, Inc. and Fresenius USA, Inc. v. Jim Hood, Attorney General of the State of Mississippi, ex rel. and State of Mississippi; DeSoto Chancery Court; LC Case #: 14-CV-152; Ruling Date: 09/09/2016; Ruling Judge: Percy Lynchard, Jr.; Consolidated with 2017-IA-00443-SCT Fresenius Medical Care Holdings, Inc. and Fresenius USA, Inc. v. Jim Hood, Attorney General of the State of Mississippi ex rel. State of Mississippi; DeSoto Chancery Court; LC Case #: 14-CV-152; Ruling Date: 03/27/2017; Ruling Judge: Percy Lynchard, Jr.; Disposition: The Motions for Rehearing filed by Fresenius Medical Care Holdings, Inc., and Fresenius USA, Inc. are denied.

Estate of Francis N. Burgess Sr. v. H. Alex Trotter; Hinds Circuit Court 1st District; LC Case #: 25CI1:15-cv-00127-TTG; Ruling Date: 09/19/2016; Ruling Judge: William Gowan, Jr.; Disposition: The Petition for Writ of Certiorari filed by counsel for Petitioner is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Beam, Chamberlin and Ishee, JJ. Not Participating: Maxwell, J. Order entered.

Charles Norman, Jr., Individually and on Behalf of all Wrongful Death Beneficiaries of Charles Norman, Sr., and the Estate of Pat Norman v. Anderson Regional Medical Center; Lauderdale Circuit Court; LC Case #: 13-CV-053(W); Ruling Date: 12/01/2016; Ruling Judge: Lester Williamson, Jr.; Disposition: These two appeals are de-consolidated and will be decided separately. The Clerk is directed to take all steps necessary to effectuate the de-consolidation of these two appeals. Chamberlin, J., not participating. Order entered 12/18/18.

Clarence Lovett a/k/a Clarence Lamar Lovett v. State of Mississippi; Pike Circuit Court; LC Case #: 16-215-PCS; Ruling Date: 02/13/2017; Ruling Judge: David Strong, Jr.; Disposition: The Petition for Writ of Certiorari filed pro se by Clarence Lovett is dismissed as untimely filed. Order entered.

Fresenius Medical Care Holdings, Inc. and Fresenius USA, Inc. v. Jim Hood, Attorney General of the State of Mississippi ex rel. State of Mississippi; DeSoto Chancery Court; LC Case #: 14-CV-152; Ruling Date: 03/27/2017; Ruling Judge: Percy Lynchard, Jr.; Consolidated with 2016-IA-01385-SCT Fresenius Medical Care Holdings, Inc. and Fresenius USA, Inc. v. Jim Hood, Attorney General of the State of Mississippi, ex rel. and State of Mississippi; DeSoto Chancery Court; LC Case #: 14-CV-152; Ruling Date: 09/09/2016; Ruling Judge: Percy Lynchard, Jr.; Disposition: The Motions for Rehearing filed by Fresenius Medical Care Holdings, Inc., and Fresenius USA, Inc. are denied.

Patrick Dantre Fluker a/k/a Patrick D. Fluker a/k/a Patrick Fluker v. State of Mississippi; Forrest Circuit Court; LC Case #: W17-0036; Ruling Date: 06/12/2017; Ruling Judge: Robert Helfrich; Disposition: Patrick Fluker's Petition for Writ of Certiorari is denied. All Justices Agree to Deny. Order entered.

Edward A. Hyde and Pattie Hyde v. Linus Baxter Martin, III, M.D. and Rush Medical Foundation d/b/a Rush Foundation Hospital; Lauderdale Circuit Court; LC Case #: 15-CV-018(W); Ruling Date: 06/05/2017; Ruling Judge: Lester Williamson, Jr.; Disposition: These two appeals are de-consolidated and will be decided separately. The Clerk is directed to take all steps necessary to effectuate the de-consolidation of these two appeals. Chamberlin, J., not participating. Order entered 12/18/18.

Malcolm K. Patrick a/k/a Malcolm Kendrel Patrick a/k/a Malcolm Patrick v. State of Mississippi; Scott Circuit Court; LC Case #: 17-CR-042-SC-CC; Ruling Date: 06/15/2017; Ruling Judge: Christopher Collins; Disposition: The State of Mississippi's Petition for Writ of Certiorari is denied. To Deny: Kitchens, P.J., King, Coleman, Beam, Chamberlin and Ishee, JJ. To Grant: Waller, C.J., Randolph, P.J., and Maxwell, J. Order entered 12/21/18.

Clinton Healthcare, LLC v. Mary Mac Atkinson; Hinds County Court 1st District; LC Case #: 25CO1:16-CV-120; Ruling Date: 06/20/2017; Ruling Judge: LaRita Cooper-Stokes; Majority Opinion: King, J. Disposition: Affirmed in Part, Reversed in Part, Vacated in Part, and Remanded. Appellant and Appellee are taxed with costs of appeal. Votes: Waller, C.J., Kitchens, P.J., Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Coleman, J., Dissents with Separate Written Opinion Joined by Randolph, P.J. Dissenting Opinion: Coleman, J. Votes: Randolph, P.J., Joins This Opinion.

KPMG, LLP v. Singing River Health System a/k/a Singing River Hospital System; Hinds Circuit Court 1st District; LC Case #: 25CI1:15-cv-00563- WLK; Ruling Date: 07/12/2017; Ruling Judge: Winston Kidd; Disposition: The Motion for Rehearing filed by the Appellant is denied.

Kenneth L. Ostrowski Jr. v. City of D'Iberville, Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-2016-00144; Ruling Date: 06/16/2017; Ruling Judge: Lisa Dodson; Disposition: The Petition for Writ of Certiorari filed by Kenneth L. Ostrowski, Jr. is denied. To Deny: All Justices. Order entered.

The Mississippi Bar v. Kenneth K. Crites; Disposition: The Motion to Stay filed by Kenneth K. Crites is denied. The Mississippi Bar's petition to transfer attorney Kenneth K. Crites to disability inactive status is granted. See the Court's decision handed down this date.

The Mississippi Bar v. Kenneth K. Crites; Majority Opinion: Waller, C.J. Disposition: Crites's motion to stay is denied and effective upon entry of this order and based on Rules 13, 18, and 19 of the Rules of Discipline for the Mississippi State Bar, Kenneth K. Crites is placed on disability inactive status and is not permitted to practice law in the State of Mississippi until reinstatement of privileges by order of this Court. Subject to this Court's order, Crites must comply with the requirements set forth in Rule 11 of the Rules of Discipline for the Mississippi State Bar. Crites shall seek reinstatement pursuant to Rules 12 and 25 of the Rules of Discipline for the Mississippi State Bar should he seek to be reinstated to the practice of law in Mississippi. Crites shall remit the costs and expenses incurred in the filing of the Mississippi Bar's petition pursuant to Rule 27 of the Rules of Discipline for the Mississippi State Bar. The Clerk of the Court shall send copies of this order to Kenneth K. Crites and to the Mississippi Bar. Kenneth K. Crites is taxed with costs. Votes: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

Deanna Rudd v. State Farm Fire and Casualty Company; Jackson Circuit Court; LC Case #: 2013-00,171(1); Ruling Date: 09/11/2018; Ruling Judge: Dale Harkey; Disposition: Deanna Rudd's Petition for Interlocutory Appeal Including Supporting Brief shall be treated as a timely filed notice of appeal under Rule 4 of the Mississippi Rules of Appellate Procedure. To Treat as a Notice of Appeal: Waller, C.J., Kitchens, P.J., King, Maxwell, Beam, Chamberlin and Ishee, JJ. To Deny: Randolph, P.J., and Coleman, J. Order entered.