Supreme Court of MississippiHand Down List
January 19, 2012
01/19/2012 - Hand Down and published opinions in WordPerfect/ZIP format
Carlson, George C.
X 2010-CA-01084-SCT
David Earl Knight v. Benny R. Knight; Jackson Circuit Court; LC Case #: 2010-00062; Ruling Date: 06/16/2010; Ruling Judge: Dale Harkey; Consolidated with 2010-CA-01086-SCT Brian K. Knight v. Benny R. Knight; Jackson Circuit Court; LC Case #: 2010-00063; Ruling Date: 06/15/2010; Ruling Judge: Robert Krebs; Majority Opinion: Carlson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Dickinson, P.J., not participating.
EN BANC
2008-CT-02121-SCT
City of Jackson, Mississippi v. Rebuild America, Inc.; Hinds Chancery Court 1st District; LC Case #: G2007-2242 W/4; Ruling Date: 11/17/2008; Ruling Judge: William Singletary; Disposition: Petition for writ of certiorari filed by Rebuild America, Inc., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Not Participating: King, J. Order entered.
EN BANC
2009-IA-01181-SCT
Ruth Fredericks, M.D. and J. Martin Tucker, M.D. v. C. Eric Malouf, Kristine K. Malouf individually and on Behalf of Kimberly Malouf, a Minor; Hinds Circuit Court 1st District; LC Case #: 251-03-77; Ruling Date: 07/16/2009; Ruling Judge: Tomie Green; Disposition: The motion for rehearing filed by Ruth Fredericks, M.D., is denied. The original opinion is withdrawn and this opinion is substituted therefor. Affirmed and Remanded. See opinion of this Court handed down this date. Waller, C.J., not participating.
EN BANC
2009-IA-01181-SCT
Ruth Fredericks, M.D. and J. Martin Tucker, M.D. v. C. Eric Malouf, Kristine K. Malouf individually and on Behalf of Kimberly Malouf, a Minor; Hinds Circuit Court 1st District; LC Case #: 251-03-77; Ruling Date: 07/16/2009; Ruling Judge: Tomie Green; Disposition: The motion for rehearing filed by J. Martin Tucker, M.D., is denied. The original opinion is withdrawn and this opinion is substituted therefor. Affirmed and Remanded. See opinion of this Court handed down this date. Waller, C.J., not participating.
EN BANC
X 2009-IA-01181-SCT
Ruth Fredericks, M.D. and J. Martin Tucker, M.D. v. C. Eric Malouf, Kristine K. Malouf individually and on Behalf of Kimberly Malouf, a Minor; Hinds Circuit Court 1st District; LC Case #: 251-03-77; Ruling Date: 07/16/2009; Ruling Judge: Tomie Green; Majority Opinion: Lamar, J. Disposition: The motion for rehearing filed by Ruth Fredericks, M.D., is denied. The motion for rehearing filed by J. Martin Tucker, M.D., is denied. The original opinion is withdrawn and this opinion is substituted therefor. Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ., Concur. Waller, C.J., not participating.
EN BANC
2009-CT-02030-SCT
Kenneth Ray Ellis v. State of Mississippi; Carroll Circuit Court 2nd District; LC Case #: 2009-0015CR2; Ruling Date: 11/17/2009; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Kenneth Ray Ellis is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
EN BANC
2010-CT-00083-SCT
Anthony Joseph Cuccia v. Julie Anne (Reavy) Cuccia; DeSoto Chancery Court; LC Case #: 08-01-0191; Ruling Date: 10/16/2009; Ruling Judge: Percy Lynchard, Jr.; Disposition: Petition for writ of certiorari filed by Julie Anne Cuccia is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.
EN BANC
2010-AN-00117-SCT
John Fletcher, John McConnon and Tom Leader v. Diamondhead Incorporators; Hancock Chancery Court; LC Case #: C2301-08-618(4); Ruling Date: 01/07/2010; Ruling Judge: Billy Bridges; Disposition: Motion for rehearing filed by Appellants is denied.
EN BANC
2010-CT-00134-SCT
Villas of Windsong, LTD. and its General Partner Arbor Properties, Inc., Arbor Properties, LLC and Arbor Place II, LLC v. RGT/ Charleston Partners, LTD., by and through its General Partner, Ford Development Corp.; Harrison Circuit Court 2nd District; LC Case #: A2402-08-107; Ruling Date: 12/21/2009; Ruling Judge: John Gargiulo ; Disposition: Petition for writ of certiorari filed by counsel for RGT/Charleston Partners, Ltd., is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ. To Grant: Lamar, J. Order entered.
EN BANC
2010-CA-00379-SCT
Vickie E. Neal and Shirley A. Bolton v. Joslyn Manufacturing Company and Danaher Corporation; Forrest Circuit Court; LC Case #: CI05-0046; Ruling Date: 01/29/2010; Ruling Judge: Robert Helfrich; Disposition: On the Court's own motion, it is therefore ordered that the Appellants shall file a supplemental brief with the Clerk of this Court on or before January 31, 2012, not to exceed fifteen pages in length. The supplemental brief shall address the specific issues found in Appellees' Motion to Dismiss Frivolous Appeal and for Sanctions - whether the Appellants' request of settlement funds from the Jasper County Circuit Court render this matter a frivolous appeal and show cause as to whether sanctions should issue. It is further ordered that Earnestine Alexander, counsel for the Appellants, show cause as to whether she made misrepresentations to this Court, which is due on or before January 31, 2012, not to exceed five pages in length. Order entered.
EN BANC
2010-CT-00710-SCT
George Wesley Devereaux v. State of Mississippi; Tate Circuit Court; LC Case #: CR-2009-157-BT; Ruling Date: 04/21/2010; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by counsel for the State of Mississippi is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ. Not Participating: Kitchens, J. Order entered.