01/29/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2013-IA-01162-SCT

Dependable Abrasives, Inc. v. Richard Pierce; Jones Circuit Court 2nd District; LC Case #: 2012-73-CV7; Ruling Date: 06/19/2013; Ruling Judge: Billy Landrum; Majority Opinion: Kitchens, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur. Dickinson, P.J., not participating.

Andrew K. Matthies v. Milton Reed, Red Mountain Entertainment, Inc., and Blue Deuce Entertainment, LLC; Hinds Circuit Court 1st District; LC Case #: 251-09-400CIV; Ruling Date: 12/06/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: The Petition for Writ of Certiorari filed by Milton Reed is denied. To Deny: All Justices. Order entered.

The Charter Oak Fire Insurance Company v. B.J. Enterprises of Mississippi, LLC ; Hinds Circuit Court 1st District; LC Case #: 251-08-235CIV; Ruling Date: 06/02/2011; Ruling Judge: Winston Kidd; Disposition: The Petition for Writ of Certiorari filed by B.J. Enterprises of Mississippi, LLC is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce, King and Coleman, JJ. To Grant: Kitchens and Chandler, JJ. Order entered.

Cheri W. Heflin v. Stephen Merrill and/or The Estate of Stephen Merrill and Nationwide Insurance Company; Harrison Circuit Court 1st District; LC Case #: A2401-07-309; Ruling Date: 10/14/2011; Ruling Judge: John Gargiulo; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant. Waller, C.J., not participating.

Ralph H. McBroom and Geraldine E. McBroom v. Jackson County, Mississippi; Jackson Chancery Court; LC Case #: 2006-0559-JB; Ruling Date: 09/18/2012; Ruling Judge: Jaye Bradley; Disposition: The Motion for Rehearing filed by Appellants is denied. Randolph, P.J., and Lamar, J., would grant. Pierce, J., not participating.

Scote Renfro v. City of Moss Point, a Body Politic & Its Civil Service; Jackson Circuit Court; LC Case #: 2011-00,224(3); Ruling Date: 01/25/2013; Ruling Judge: Dale Harkey; Disposition: The Petition for Writ of Certiorari filed by Scote Renfro is denied. To Deny: All Justices. Order entered.

Kenyatta Donta Cheeks v. AutoZone, Inc., AutoZone Mississippi, Inc., Autozone Stores, Inc. and AutoZone Mississippi Properties, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-10-841CIV; Ruling Date: 10/10/2012; Ruling Judge: William Gowan, Jr.; Disposition: The Motion for Rehearing filed by the Appellees is denied. Waller, C.J., Dickinson, P.J., and Pierce, J., would grant. Coleman, J., not participating.

Yvonne Lovett v. Delta Regional Medical Center and MHA Solutions; Mississippi Workers' Compensation Commission; LC Case #: 0605610-J-7908; Ruling Date: 02/07/2013; Majority Opinion: Randolph, P.J. Disposition: Affirmed In Part and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Rebecca Lynn Jones a/k/a Rebecca Jones a/k/a Rebecca L. Jones v. State of Mississippi; Prentiss Circuit Court; LC Case #: CR10-228; Ruling Date: 02/22/2013; Ruling Judge: James Pounds; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens, J., would grant. King, J., not participating.

Joe O'Neal v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CV13-0055-PT; Ruling Date: 04/11/2013; Ruling Judge: James Pounds; Disposition: The Petition for Writ of Certiorari filed by Joe O'Neal is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ. Not Participating: Chandler, J. Order entered.

Cliff Hensley a/k/a Clifford W. Hensley a/k/a Clifford Hensley v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CV13-014-FT; Ruling Date: 04/05/2013; Ruling Judge: Paul Funderburk; Disposition: The Petition for Writ of Certiorari filed by Cliff Hensley is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Dickinson, P.J., Kitchens and King, JJ. Order entered.

Dr. Charles Ronald Brent v. Vennit B. Mathis, II, Individually and as Next Friend of Vennit B. Mathis, III and Alexa Mathis, Minors; Jones Circuit Court 2nd District; LC Case #: 2011-5-CV1; Ruling Date: 06/07/2013; Ruling Judge: Billy Landrum; Disposition: The Motion for Rehearing filed by the Appellees is denied. Kitchens, Chandler and King, JJ., would grant.

Emanuel Sanders v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2012-0112-CV1H; Ruling Date: 05/29/2013; Ruling Judge: Lee Howard; Disposition: The Petition for Writ of Certiorari filed pro se by Emanuel Sanders is denied. To Deny: Dickinson and Randolph, P.JJ., Kitchens, Chandler, and King, JJ. To Dismiss: Waller, C.J., Lamar, Pierce, and Coleman, JJ. Order entered.

Perry A. Elchos and Wife, Lori A. Elchos v. Kevin J. Haas and Wife, Lisa T. Haas; Hancock Chancery Court; LC Case #: 09-0907; Ruling Date: 06/12/2013; Ruling Judge: Carter Bise; Disposition: On the Court's own motion, the en banc Court finds that supplemental briefing is required. The parties are required to file, simultaneously, within thirty (30) days after the entry of this order, their supplemental briefs addressing the questions stated in the order, which shall not exceed forty (40) pages. It is further ordered that, counsel for the parties shall appear before this Court for en banc oral argument on April 8, 2015, at 1:30 p.m. Order entered.

Dennis Lenoir v. State of Mississippi; Clay Circuit Court; LC Case #: 2014-004C; Ruling Date: 09/22/2014; Ruling Judge: Lee Coleman; Disposition: The Court, en banc, on its own motion, finds that the appeal should be dismissed as untimely. The appeal is dismissed. Coleman, J., Agrees in Part and In Result without separate written opinion. Order entered.

Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier, d/b/a Sheila M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, Medresolve, PLLC, and John & Jane Does Individually and as Entities v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 12-cv-00261; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01577-SCT Freese and Goss, PLLC, Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, Bossier and Associates, PLLC, Sweet and Freese, PLLC, and Dennis C. Sweet, III d/b/a Sweet and Associates, PLLC, and John & Jane Does Individually and/or Entities v. Edwrick Wilson, Betty Reyes and Ella Kate Taylor; Rankin Chancery Court; LC Case #: 14-961; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01578-SCT Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, d/b/a Shelia M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, and John & Jane Does, Individually and as Entities v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 12-cv-1803; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Disposition: The Petitions for Permission to Appeal Interlocutory Order of the Chancery Court of Rankin County Denying Motions to Transfer to circuit court in Freese, et al. v. Mitchell, No. 2014-M-01576-SCT; Freese and Goss, PLLC, et al. v. Wilson, et al., No. 2014-M-01577-SCT; and Freese, et al. v. McHugh Fuller Law Group, PLLC, No. 2014-M-01578-SCT are granted. On the Court's own motion, the appeals shall be consolidated. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed under Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. The Emergency Motion to Stay Proceedings pending the outcome of the Petition for Interlocutory Appeal filed in Mitchell v. Freese, et at., No. 2014-M-01576-SCT, is dismissed as moot. To Grant: All Justices. Order entered.

Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier, d/b/a Sheila M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, Medresolve, PLLC, and John & Jane Does Individually and as Entities v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 12-cv-00261; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01577-SCT Freese and Goss, PLLC, Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, Bossier and Associates, PLLC, Sweet and Freese, PLLC, and Dennis C. Sweet, III d/b/a Sweet and Associates, PLLC, and John & Jane Does Individually and/or Entities v. Edwrick Wilson, Betty Reyes and Ella Kate Taylor; Rankin Chancery Court; LC Case #: 14-961; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01578-SCT Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, d/b/a Shelia M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, and John & Jane Does, Individually and as Entities v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 12-cv-1803; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Disposition: The Petitions for Permission to Appeal Interlocutory Order of the Chancery Court of Rankin County Denying Motions to Transfer to circuit court in Freese, et al. v. Mitchell, No. 2014-M-01576-SCT; Freese and Goss, PLLC, et al. v. Wilson, et al., No. 2014-M-01577-SCT; and Freese, et al. v. McHugh Fuller Law Group, PLLC, No. 2014-M-01578-SCT are granted. On the Court's own motion, the appeals shall be consolidated. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed under Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. The Emergency Motion to Stay Proceedings pending the outcome of the Petition for Interlocutory Appeal filed in Mitchell v. Freese, et at., No. 2014-M-01576-SCT, is dismissed as moot. To Grant: All Justices. Order entered.

Freese and Goss, PLLC, Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, Bossier and Associates, PLLC, Sweet and Freese, PLLC, and Dennis C. Sweet, III d/b/a Sweet and Associates, PLLC, and John & Jane Does Individually and/or Entities v. Edwrick Wilson, Betty Reyes and Ella Kate Taylor; Rankin Chancery Court; LC Case #: 14-961; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01576-SCT Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier, d/b/a Sheila M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, Medresolve, PLLC, and John & Jane Does Individually and as Entities v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 12-cv-00261; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01578-SCT Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, d/b/a Shelia M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, and John & Jane Does, Individually and as Entities v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 12-cv-1803; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Disposition: The Petitions for Permission to Appeal Interlocutory Order of the Chancery Court of Rankin County Denying Motions to Transfer to circuit court in Freese, et al. v. Mitchell, No. 2014-M-01576-SCT; Freese and Goss, PLLC, et al. v. Wilson, et al., No. 2014-M-01577-SCT; and Freese, et al. v. McHugh Fuller Law Group, PLLC, No. 2014-M-01578-SCT are granted. On the Court's own motion, the appeals shall be consolidated. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed under Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. The Emergency Motion to Stay Proceedings pending the outcome of the Petition for Interlocutory Appeal filed in Mitchell v. Freese, et at., No. 2014-M-01576-SCT, is dismissed as moot. To Grant: All Justices. Order entered.

Freese and Goss, PLLC, Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, Bossier and Associates, PLLC, Sweet and Freese, PLLC, and Dennis C. Sweet, III d/b/a Sweet and Associates, PLLC, and John & Jane Does Individually and/or Entities v. Edwrick Wilson, Betty Reyes and Ella Kate Taylor; Rankin Chancery Court; LC Case #: 14-961; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01576-SCT Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier, d/b/a Sheila M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, Medresolve, PLLC, and John & Jane Does Individually and as Entities v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 12-cv-00261; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01578-SCT Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, d/b/a Shelia M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, and John & Jane Does, Individually and as Entities v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 12-cv-1803; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Disposition: The Petitions for Permission to Appeal Interlocutory Order of the Chancery Court of Rankin County Denying Motions to Transfer to circuit court in Freese, et al. v. Mitchell, No. 2014-M-01576-SCT; Freese and Goss, PLLC, et al. v. Wilson, et al., No. 2014-M-01577-SCT; and Freese, et al. v. McHugh Fuller Law Group, PLLC, No. 2014-M-01578-SCT are granted. On the Court's own motion, the appeals shall be consolidated. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed under Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. The Emergency Motion to Stay Proceedings pending the outcome of the Petition for Interlocutory Appeal filed in Mitchell v. Freese, et at., No. 2014-M-01576-SCT, is dismissed as moot. To Grant: All Justices. Order entered.

Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, d/b/a Shelia M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, and John & Jane Does, Individually and as Entities v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 12-cv-1803; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01576-SCT Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier, d/b/a Sheila M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, Medresolve, PLLC, and John & Jane Does Individually and as Entities v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 12-cv-00261; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01577-SCT Freese and Goss, PLLC, Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, Bossier and Associates, PLLC, Sweet and Freese, PLLC, and Dennis C. Sweet, III d/b/a Sweet and Associates, PLLC, and John & Jane Does Individually and/or Entities v. Edwrick Wilson, Betty Reyes and Ella Kate Taylor; Rankin Chancery Court; LC Case #: 14-961; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Disposition: The Petitions for Permission to Appeal Interlocutory Order of the Chancery Court of Rankin County Denying Motions to Transfer to circuit court in Freese, et al. v. Mitchell, No. 2014-M-01576-SCT; Freese and Goss, PLLC, et al. v. Wilson, et al., No. 2014-M-01577-SCT; and Freese, et al. v. McHugh Fuller Law Group, PLLC, No. 2014-M-01578-SCT are granted. On the Court's own motion, the appeals shall be consolidated. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed under Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. The Emergency Motion to Stay Proceedings pending the outcome of the Petition for Interlocutory Appeal filed in Mitchell v. Freese, et at., No. 2014-M-01576-SCT, is dismissed as moot. To Grant: All Justices. Order entered.

Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, d/b/a Shelia M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, and John & Jane Does, Individually and as Entities v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 12-cv-1803; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01576-SCT Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier, d/b/a Sheila M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, Medresolve, PLLC, and John & Jane Does Individually and as Entities v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 12-cv-00261; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01577-SCT Freese and Goss, PLLC, Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, Bossier and Associates, PLLC, Sweet and Freese, PLLC, and Dennis C. Sweet, III d/b/a Sweet and Associates, PLLC, and John & Jane Does Individually and/or Entities v. Edwrick Wilson, Betty Reyes and Ella Kate Taylor; Rankin Chancery Court; LC Case #: 14-961; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Disposition: The Petitions for Permission to Appeal Interlocutory Order of the Chancery Court of Rankin County Denying Motions to Transfer to circuit court in Freese, et al. v. Mitchell, No. 2014-M-01576-SCT; Freese and Goss, PLLC, et al. v. Wilson, et al., No. 2014-M-01577-SCT; and Freese, et al. v. McHugh Fuller Law Group, PLLC, No. 2014-M-01578-SCT are granted. On the Court's own motion, the appeals shall be consolidated. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal shall proceed under Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. The Emergency Motion to Stay Proceedings pending the outcome of the Petition for Interlocutory Appeal filed in Mitchell v. Freese, et at., No. 2014-M-01576-SCT, is dismissed as moot. To Grant: All Justices. Order entered.