02/04/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2008-CA-01852-SCT

James B. Yelverton v. Rhonda H. Yelverton; Harrison Chancery Court 1st District; LC Case #: 02-00364; Ruling Date: 03/05/2008; Ruling Judge: Carter Bise; Majority Opinion: Kitchens, J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellant and appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar and Pierce, JJ., Concur. Chandler, J., not participating.

Jimmy Dale Mayhan v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2006-0303BD; Ruling Date: 09/04/2007; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed pro se by Jimmy Dale Mayhan is denied. To Deny: All Justices. Order entered.

Melissa Winter v. Wal-Mart Supercenter and American Home Assurance Company; Union Circuit Court; LC Case #: U2006-017-5216; Ruling Date: 08/21/2007; Ruling Judge: Andrew Howorth; Consolidated with 2008-CT-00391-SCT Wal-Mart Stores, Inc. and American Home Assurance Company v. Melissa Winter; Union Circuit Court; LC Case #: U2006-017-5216; Ruling Date: 02/12/2008; Ruling Judge: Andrew Howorth; Consolidated with 2008-CT-00392-SCT Wal-Mart Stores, Inc. and American Home Assurance Company v. Melissa Winter; Union Circuit Court; LC Case #: U-2006-018-5218; Ruling Date: 02/12/2008; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by Melissa Winter is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Chandler and Pierce, JJ. To Grant: Randolph and Kitchens, JJ. Order entered.

Robert McKinney v. State of Mississippi; Quitman Circuit Court; LC Case #: 2006-0012; Ruling Date: 09/26/2007; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed pro se by Robert McKinney is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Dickinson and Kitchens, JJ. Order entered.

Arthur D. Carlisle, Administrator of The Estate of Charles E. Allen, III, Deceased v. Janet Ellen Davis Allen; Pearl River Chancery Court; LC Case #: 02-0328-GN-TH; Ruling Date: 10/19/2007; Ruling Judge: James Thomas, Jr.; Disposition: Petition for writ of certiorari filed by Janet Ellen Davis Allen is granted. To Grant: Waller, C.J., Kitchens, Chandler and Pierce, JJ. To Deny: Carlson and Graves, P.JJ., Dickinson, Randolph and Lamar, JJ. Order entered.

Horace A. Ryals v. Phillip Bertucci and John Finch, D.O. et al.; Harrison Circuit Court 1st District; LC Case #: A2401-02-00760; Ruling Date: 05/30/2007; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed by Horace A. Ryals is denied. To Deny: All Justices. Order entered.

Floyd Robinson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2005-0411-CR1; Ruling Date: 02/01/2007; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Floyd Robinson is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ. To Deny: Pierce, J. Order entered.

Claiborne County, Mississippi and Claiborne County Board of Supervisors v. Eddie Ray Parker; Claiborne Circuit Court; LC Case #: 2006-97; Ruling Date: 12/12/2007; Ruling Judge: Lamar Pickard; Disposition: Petition for writ of certiorari filed by Eddie Ray Parker is denied. To Deny: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: Waller, C.J. Order entered.

Wal-Mart Stores, Inc. and American Home Assurance Company v. Melissa Winter; Union Circuit Court; LC Case #: U2006-017-5216; Ruling Date: 02/12/2008; Ruling Judge: Andrew Howorth; Consolidated with 2007-CT-01717-SCT Melissa Winter v. Wal-Mart Supercenter and American Home Assurance Company; Union Circuit Court; LC Case #: U2006-017-5216; Ruling Date: 08/21/2007; Ruling Judge: Andrew Howorth; Consolidated with 2008-CT-00392-SCT Wal-Mart Stores, Inc. and American Home Assurance Company v. Melissa Winter; Union Circuit Court; LC Case #: U-2006-018-5218; Ruling Date: 02/12/2008; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by Melissa Winter is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Chandler and Pierce, JJ. To Grant: Randolph and Kitchens, JJ. Order entered.

Wal-Mart Stores, Inc. and American Home Assurance Company v. Melissa Winter; Union Circuit Court; LC Case #: U-2006-018-5218; Ruling Date: 02/12/2008; Ruling Judge: Andrew Howorth; Consolidated with 2007-CT-01717-SCT Melissa Winter v. Wal-Mart Supercenter and American Home Assurance Company; Union Circuit Court; LC Case #: U2006-017-5216; Ruling Date: 08/21/2007; Ruling Judge: Andrew Howorth; Consolidated with 2008-CT-00391-SCT Wal-Mart Stores, Inc. and American Home Assurance Company v. Melissa Winter; Union Circuit Court; LC Case #: U2006-017-5216; Ruling Date: 02/12/2008; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by Melissa Winter is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Chandler and Pierce, JJ. To Grant: Randolph and Kitchens, JJ. Order entered.

Melvin Alesich v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-96-922; Ruling Date: 05/07/1997; Ruling Judge: John Whitfield; Disposition: Petition for writ of certiorari filed pro se by Melvin Alesich is denied. To Deny: All Justices. Order entered.

Jesco, Inc. v. Andrew Owens; Lee Circuit Court; LC Case #: CV03-139(A)L; Ruling Date: 03/18/2009; Ruling Judge: James Roberts, Jr.; Disposition: Motion for Reconsideration of Order Denying Petition and Brief for Permission for Interlocutory Appeal and for Stay of Proceedings filed by Jesco, Inc., is granted. Petition for Permission for Interlocutory Appeal filed by Jesco, Inc., is granted. The order denying Jesco's motion to enforce settlement entered by the Circuit Court of Lee County, Mississippi on March 20, 2009, in cause number CV-03-139(A)L is vacated and Jesco is ordered to proceed in the bankruptcy court for the relief sought. Jesco, Inc., is taxed with all costs of this appeal. Graves, P.J., would grant and decide after briefing. Dickinson, J., not participating. Randolph, J., for the Court. Order entered.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: It is therefore ordered: A. The appellate, chancery and circuit courts of the state and their support offices, including the Administrative Office of Courts shall remain open, performing the constitutionally-mandated responsibilities of the Judicial Branch of government. B. Section 27-104-13 is not applicable to the legislative appropriation to the Judicial Branch, and the State Fiscal Officer shall not impose those reductions announced on January 22, 2010 to the judicial appropriations. C. The Marshal of this Court shall hand deliver a true certified copy of this order to the State Fiscal Officer. Additionally, true copies shall be forthwith transmitted to Governor Haley Barbour, Lieutenant Governor Phil Bryant, Speaker of the House of Representatives Billy McCoy, and Attorney General Jim Hood. D. This order shall be published in the same manner as published opinions of the Court. All Justices Join. En Banc Administrative Order entered.