01/22/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2013-IA-01261-SCT

The Alabama Great Southern Railroad Company, Mississippi Transportation Commission and Mississippi Department of Transportation v. Chantel Jobes; Lamar Circuit Court; LC Case #: 2011-138; Ruling Date: 07/08/2013; Ruling Judge: Prentiss Harrell; Consolidated with 2013-IA-01268-SCT Mississippi Department of Transportation and Mississippi Transportation Commission v. Chantel Jobes; Lamar Circuit Court; LC Case #: 2011-138; Ruling Date: 07/08/2013; Ruling Judge: Prentiss Harrell; Majority Opinion: Lamar, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Cherri R. Porter v. Max Mullins, State Farm Fire and Casualty Company and Grand Casino of Mississippi, Inc.- Biloxi; Harrison Circuit Court 2nd District; LC Case #: A2402-2006-009; Ruling Date: 08/27/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Consolidated with 2012-CT-01793-SCT Cherri R. Porter v. Grand Casino of Mississippi, Inc.- Biloxi, State Farm Fire and Casualty Company, and Max Mullins; Harrison Circuit Court 2nd District; LC Case #: A2402-2006; Ruling Date: 09/25/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The Petition for Writ of Certiorari filed by Cherri R. Porter is Granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., and Pierce, J. Not Participating: Coleman, J. Order entered.

Marvelle Pryor a/k/a Marvelle Q. Pryor a/k/a Marvelle Quenton Pryor a/k/a Marvel Pryor v. State of Mississippi; Grenada Circuit Court; LC Case #: 2011-161CR; Ruling Date: 01/11/2012; Ruling Judge: Joseph Loper, Jr.; Disposition: The Petition for Writ of Certiorari filed by Marvelle Pryor, pro se, is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler and King, JJ. To Dismiss: Waller, C.J., Pierce and Coleman, JJ. Order entered.

Tellus Operating Group, LLC v. Maxwell Energy, Inc.; Jefferson Davis Chancery Court; LC Case #: 2006-0259; Ruling Date: 01/31/2012; Ruling Judge: David Shoemake; Majority Opinion: Chandler, J. Disposition: The Judgment of the Court of Appeals is Affirmed. The Judgment of the Chancery Court of Jefferson Davis County is Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur. Waller, C.J., not participating.

John Doe o/b/o Jane Doe, a Minor v. Rankin County School District; Rankin Circuit Court; LC Case #: 2009-318 C; Ruling Date: 11/16/2011; Ruling Judge: William Chapman, III; Disposition: The Appellee's Petition for Writ of Certiorari filed by Rankin County School District is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. To Deny: Chandler, J. Order entered.

In the Interest of S.M.K.S., a Minor v. Youth Court of Union County, Mississippi; Union Youth Court; LC Case #: YC2009-000087; Ruling Date: 07/20/2012; Ruling Judge: Frederick Rogers; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Pierce and Coleman, JJ., Concur. Waller, C.J., Specially Concurs with Separate Written Opinion Joined by Randolph, P.J., and Pierce, J.; Joined In Part by Lamar and Coleman, JJ. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Kitchens, Chandler and King, JJ. Chandler, J., Dissents with Separate Written Opinion Joined by Dickinson, P.J. Specially Concurring Opinion: Waller, C.J. Votes: Randolph, P.J., and Pierce, J., Join This Opinion. Lamar and Coleman, JJ., Join This Opinion in Part. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens, Chandler and King, JJ., Join This Opinion. Dissenting Opinion: Chandler, J. Votes: Dickinson, P.J., Joins This Opinion.

Craig D. Sallie a/k/a Craig D. Sallie, Sr. a/k/a Craig Sallie v. State of Mississippi; Madison Circuit Court; LC Case #: 2012-0092-E; Ruling Date: 06/25/2012; Ruling Judge: John Emfinger; Majority Opinion: King, J. Disposition: The Judgments of the Court of Appeals and the Madison County Circuit Court are Affirmed in Part and Vacated In Part, and this case is Remanded. Madison County taxed with costs of appeal. Votes: Waller, C.J., Kitchens, Chandler and Coleman, JJ., Concur. Dickinson, P.J., Concurs with Separate Written Opinion Joined by Kitchens, Chandler and Coleman, JJ. Randolph, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Lamar and Pierce, JJ. Concurring Opinion: Dickinson, P.J. Votes: Kitchens, Chandler and Coleman, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Randolph, P.J. Votes: Lamar and Pierce, JJ., Join This Opinion.

Nekole Bennett, Individually; B.J. by and through her Mother and Next Friend Nekole Bennett; D.B. by and through his Mother and Next Friend Nekole Bennett; and A.B. by and through her Mother and Next Friend Nekole Bennett v. Highland Park Apartments, LLC and Sharon Sampson, Individually; Hinds Circuit Court 1st District; LC Case #: 251-10-122-CIV; Ruling Date: 09/19/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: The Petition for Writ of Certiorari filed by Highland Park Apartments, LLC and Sharon Sampson is dismissed as untimely filed. To Dismiss: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Deny: King, J. To Grant: Randolph, P.J., Not Participating: Waller, C.J. Order entered.

Johnny Lee Floyd v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2011-778; Ruling Date: 07/09/2012; Ruling Judge: Roger Clark; Disposition: The Petition for Writ of Certiorari filed by Johnny Lee Floyd is denied. To Deny: All Justices. Order entered.

Cherri R. Porter v. Grand Casino of Mississippi, Inc.- Biloxi, State Farm Fire and Casualty Company, and Max Mullins; Harrison Circuit Court 2nd District; LC Case #: A2402-2006; Ruling Date: 09/25/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Consolidated with 2010-CT-00307-SCT Cherri R. Porter v. Max Mullins, State Farm Fire and Casualty Company and Grand Casino of Mississippi, Inc.- Biloxi; Harrison Circuit Court 2nd District; LC Case #: A2402-2006-009; Ruling Date: 08/27/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The Petition for Writ of Certiorari filed by Cherri R. Porter is Granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler and King, JJ. To Deny: Randolph, P.J., and Pierce, J. Not Participating: Coleman, J. Order entered.

BB Buggies, Inc. d/b/a Bad Boy Buggies and Textron, Inc. v. Vincent Leon, Individually, as Father and Next Friend, and as Administrator of the Estate of his Minor Child, Jean-AH Leon and Mandi Leon; Adams Circuit Court; LC Case #: 12-KV-0058-S; Ruling Date: 10/31/2012; Ruling Judge: Lillie Sanders; Disposition: The Textron Parties' Motion to Require Appellees to Produce Fee Agreement for the Court's In Camera Review is denied. The Leons' Motion to Retax Costs is denied in part and granted in part. The Leons' request for the Textron Parties to pay all costs of appeal is denied. The Leons' request that costs be retaxed is granted in part, and the Leons are not required to pay the Textron Parties' expenses. Each party is ordered to bear its own costs. Dickinson, P.J., Disagrees. Order entered.

Greg Williams a/k/a Gregory W. Williams a/k/a Williams, Gregory Wayne a/k/a Gregory Williams v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2010-804; Ruling Date: 10/22/2012; Ruling Judge: Roger Clark; Disposition: The Petition for Writ of Certiorari filed by Greg Williams is dismissed as untimely filed. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J. To Grant: King, J. Order entered.

Patrick Fluker a/k/a Patrick Dantre Fluker a/k/a Patrick D. Fluker v. State of Mississippi; Forrest Circuit Court; LC Case #: CI12-0153; Ruling Date: 03/26/2013; Ruling Judge: Robert Helfrich; Disposition: The Petition for Writ of Certiorari filed by Patrick Fluker is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, and King, JJ. To Deny: Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Richard A. Chunn v. State of Mississippi, Ex Rel. Mississippi Department of Insurance; Hinds Circuit Court 1st District; LC Case #: 251-11-1037; Ruling Date: 08/05/2013; Ruling Judge: William Gowan, Jr.; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Lamar, Kitchens, Pierce and Coleman, JJ., Concur. Chandler, J., Dissents with Separate Written Opinion Joined by Waller, C.J., Randolph, P.J., and King, J. Dissenting Opinion: Chandler, J. Votes: Waller, C.J., Randolph, P.J., and King, J., Join This Opinion.

Katherine Robertson v. State of Mississippi; Madison Circuit Court; LC Case #: 2006-0170- E; Ruling Date: 04/15/2013; Ruling Judge: John Emfinger; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Dickinson, P.J., Dissents Without Separate Written Opinion.