01/13/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
XX  2009-CA-00722-SCT

Jim Doe and Barbara Doe, Individually, and as Natural Parents of A. D. a Minor v. Jameson Inn, Inc., Kitchin Hospitality, LLC and Erica Covington; Rankin Circuit Court; LC Case #: 2005-06; Ruling Date: 04/20/2009; Ruling Judge: William Chapman, III; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph and Lamar, JJ., Concur. Graves, P.J., Concurs in Result Only. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler, J. Dickinson, J., not participating. Dissenting Opinion: Kitchens, J. Votes: Chandler, J., Joins This Opinion.

State of Mississippi v. Johnny Delaney; Holmes Circuit Court; LC Case #: 12,042; Ruling Date: 09/28/2009; Ruling Judge: Jannie Lewis; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Holmes County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

City of Greenwood, Mississippi v. Valerie Streeter, By and Through Her Next Friend, Patricia Westbrook; Leflore Circuit Court; LC Case #: 2003-0098-CICI; Ruling Date: 09/13/2006; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Waller, C.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., not participating.

James Robert Delker v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 586-06; Ruling Date: 09/19/2007; Ruling Judge: Robert Bailey; Disposition: Motion for rehearing filed by James Robert Delker is denied. Waller, C.J., Kitchens and Chandler, JJ., would grant. Graves, P.J., not participating.

Charlotte Moore v. M & M Logging, Inc.; Choctaw Circuit Court; LC Case #: 2005-0008 CV-L; Ruling Date: 02/27/2008; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Charlotte Moore is denied. To Deny: All Justices. Order entered.

Double Quick, Inc. v. Ronnie Lee Lymas; Humphreys Circuit Court; LC Case #: 2007-0072; Ruling Date: 09/24/2008; Ruling Judge: Jannie Lewis; Disposition: Motion for rehearing filed by Appellee is denied.

Mississippi Insurance Guaranty Association v. Bridgette Blakeney; Jones Circuit Court 2nd District; LC Case #: 2008-942-CV08; Ruling Date: 10/27/2008; Ruling Judge: Billy Landrum; Majority Opinion: Dickinson, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar and Chandler, JJ., Concur. Waller, C.J., Dissents With Separate Written Opinion Joined by Graves, P.J., Kitchens and Pierce, JJ. Dissenting Opinion: Waller, C.J. Votes: Graves, P.J., Kitchens and Pierce, JJ., Join This Opinion.

City of Greenwood, Mississippi v. Valerie Streeter, By and Through Her Next Friend, Patricia Westbrook; Leflore Circuit Court; LC Case #: 2003-0098-CICI; Ruling Date: 09/13/2006; Ruling Judge: Margaret Carey-McCray; Disposition: Appellee's Motion to Enforce Trial Court's Order Granting Plaintiff's Motion to Enforce Agreement to Pay Expert Witness is dismissed as moot. Order entered.

City of Greenwood, Mississippi v. Valerie Streeter, By and Through Her Next Friend, Patricia Westbrook; Leflore Circuit Court; LC Case #: 2003-0098-CICI; Ruling Date: 09/13/2006; Ruling Judge: Margaret Carey-McCray; Disposition: Appellant's Motion to Dismiss Motion to Enforce Trial Court's Order Granting Plaintiff's Motion to Enforce Agreement to Pay Expert Witness is granted. Order entered.

City of Greenwood, Mississippi v. Valerie Streeter, By and Through Her Next Friend, Patricia Westbrook; Leflore Circuit Court; LC Case #: 2003-0098-CICI; Ruling Date: 09/13/2006; Ruling Judge: Margaret Carey-McCray; Disposition: Appellee's Motion to Expedite Appeal is denied. Order entered.

Beverly Healthcare and American Home Assurance Company v. Irene Hare; Tippah Circuit Court; LC Case #: T-08-077; Ruling Date: 02/04/2009; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by Beverly Healthcare and American Home Assurance Company is denied. To Deny: All Justices. Order entered.

Robinson Property Group, Limited Partnership d/b/a Horseshoe Casino and Hotel v. Olivia McCalman, as Personal Representative and as Guardian of Kevin Andrew McCalman, Kenneth Anthony McCalman, the Wrongful Death Beneficiaries of Sarah McCalman, Deceased, and Geraldine Holmes, Individually and on Behalf of the Wrongful Death Beneficiaries of Michael Leroy Holmes, Deceased; Tunica Circuit Court; LC Case #: 2002-0471; Ruling Date: 03/19/2009; Ruling Judge: Albert Smith, III; Disposition: Motion to Supplement Brief of Appellee to Address Question of Panel is dismissed as moot. Order entered.

Robinson Property Group, Limited Partnership d/b/a Horseshoe Casino and Hotel v. Olivia McCalman, as Personal Representative and as Guardian of Kevin Andrew McCalman, Kenneth Anthony McCalman, the Wrongful Death Beneficiaries of Sarah McCalman, Deceased, and Geraldine Holmes, Individually and on Behalf of the Wrongful Death Beneficiaries of Michael Leroy Holmes, Deceased; Tunica Circuit Court; LC Case #: 2002-0471; Ruling Date: 03/19/2009; Ruling Judge: Albert Smith, III; Majority Opinion: Dickinson, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

Copiah County, Mississippi v. Nancy Oliver; Copiah Circuit Court; LC Case #: 2007-0269; Ruling Date: 04/15/2009; Ruling Judge: Lamar Pickard; Disposition: Motion to Strike a Portion of Response in Opposition to Appellant's Motion for Rehearing is denied. Order entered.

Copiah County, Mississippi v. Nancy Oliver; Copiah Circuit Court; LC Case #: 2007-0269; Ruling Date: 04/15/2009; Ruling Judge: Lamar Pickard; Disposition: The motion for rehearing filed by Copiah County, Mississippi is denied. The original opinion is withdrawn and this opinion is substituted therefor. Affirmed and Remanded. See opinion handed down this date.

Copiah County, Mississippi v. Nancy Oliver; Copiah Circuit Court; LC Case #: 2007-0269; Ruling Date: 04/15/2009; Ruling Judge: Lamar Pickard; Majority Opinion: Waller, C.J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor. Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

Mississippi State Department of Health and DVA Healthcare Renal Care, Inc. v. Bio-Medical Applications of Mississippi, Inc. d/b/a South Mississippi Kidney Center-D'Iberville and Bio-Medical Applications of Mississippi, Inc., d/b/a South Mississippi Kidney Center-Biloxi; Hinds Chancery Court 1st District; LC Case #: G-2009-1097 O/3; Ruling Date: 10/20/2009; Ruling Judge: Denise Owens; Disposition: Joint Motion to Vacate the Appeal and to Remand to the Chancery Court of Hinds County for Effectuation of Settlement is granted. (1) The parties shall submit to the chancery court an order substantially conforming to the "Agreed Order Dismissing Case With Prejudice and Reinstating Health Officer's Final Orders" as submitted to this Court. (2) The appeal is dismissed and the matter remanded to the Chancery Court of the First District of Hinds County for the purpose of effectuating the settlement as set forth above; and (3) Each party shall bear its own costs and ensure that all fees have been paid. See Miss. R. App. P. 42(b). Randolph, J., for the Court. Order entered.

The Mississippi Bar v. Greg Pierce; Majority Opinion: Lamar, J. Disposition: Greg Pierce is disbarred from the practice of law in the State of Mississippi and assessed costs of this proceeding. Greg Pierce taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Kitchens and Pierce, JJ., Concur. Dickinson, J., Dissents With Separate Written Opinion Joined by Chandler, J. Dissenting Opinion: Dickinson, J. Votes: Chandler, J., Joins This Opinion.