02/15/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2016-IA-01118-SCT

KD Hattiesburg 1128, Inc., KD Hattiesburg II 1128A, Inc., Kimco Hattiesburg L.P., Kimco Hattiesburg II, L.P. and Kimco Developers, Inc. v. Turtle Creek Crossing, LLC; Lamar Circuit Court; LC Case #: 2015-189M; Ruling Date: 07/14/2016; Ruling Judge: Anthony Mozingo; Majority Opinion: Maxwell, J. Disposition: Affirmed and Remanded. Appellants are taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Beam, Chamberlin and Ishee, JJ., Concur.

Patrick Ridgeway v. Louise Ridgeway Hooker; Hinds Chancery Court 1st District; LC Case #: 13-CV-000180-W-4; Ruling Date: 05/05/2016; Ruling Judge: Patricia Wise; Consolidated with 2016-IA-01428-SCT Patrick Ridgeway v. Louise Ridgeway Hooker; Hinds Chancery Court 1st District; LC Case #: G2013-180 W/4; Ruling Date: 09/15/2016; Ruling Judge: Patricia Wise; Majority Opinion: Kitchens, P.J. Disposition: On Direct Appeal: Affirmed and Remanded. On Interlocutory Appeal: Dismissed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur. Ishee, J., not participating.

In Re: Mississippi Rules of Appellate Procedure; Disposition: The Motion to Adopt MRAP 50, filed by the Supreme Court of Mississippi's Advisory Committee on Rules is granted in part and denied in part. The Court adopts Rule 50 as set forth in the attached Exhibit A handed down this date. The rule shall be effective April 2, 2018. The Clerk of this Court must spread this order upon the minutes of the Court and send a certified copy to West Publishing Company for publication in the advance sheets of the Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court. All Justices Agree. Order entered.

Montrell Jordan v. State of Mississippi; Holmes Circuit Court; LC Case #: 11,606; Ruling Judge: Jannie Lewis; Disposition: Montrell Jordan's Application for Leave to File Second Motion for Post-Conviction Relief is denied. To Deny: Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Kitchens, P.J., Objects To The Order with Separate Written Statement Joined by King, J. Waller, C.J., Not Participating. Order entered.

Illinois Central Railroad Company v. Bennie Oakes, Deceased, by and through Clara Hagan, His Representative; Warren Circuit Court; LC Case #: 09,0019-CI; Ruling Date: 03/01/2013; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Maxwell, Beam and Chamberlin, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Kitchens, P.J. Randolph, P.J., and Ishee, J., not participating. Dissenting Opinion: King, J. Votes: Kitchens, P.J., Joins This Opinion.

Johnny Lewis Washington a/k/a Johnny L. Washington a/k/a Johnny Washington a/k/a John Lewis Washington v. State of Mississippi; Lowndes Circuit Court; LC Case #: 18,300-CV1 K; Ruling Date: 12/21/2015; Ruling Judge: James Kitchens, Jr.; Disposition: Johnny Lewis Washington's Petition for a Writ of Certiorari is denied. To Deny: Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., and King, J. Not Participating: Waller, C.J., and Ishee, J. Order entered.

Mississippi Department of Human Services v. Ben Porter; Jefferson Chancery Court; LC Case #: 2012-080; Ruling Date: 02/29/2016; Ruling Judge: George Ward; Disposition: Appellee's Petition for a Writ of Certiorari is denied. To Deny: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Randolph, P.J. Not Participating: Ishee, J. Order entered.

Mississippi Baptist Health Systems, Inc., Baptist Medical Center - Leake, Inc., David Moody, M.D. and Madden Medical Clinic, PLLC v. Sylvia Dianne Harkins and Reggie Harkins; Hinds Circuit Court 1st District; LC Case #: 25CI1:14-cv-00560TTG; Ruling Date: 02/26/2016; Ruling Judge: Winston Kidd; Consolidated with 2016-IA-00399-SCT Baptist Medical Center - Leake, Inc., Mississippi Baptist Health Systems, Inc., David Moody, M.D. and Madden Medical Clinic, PLLC v. Sylvia Dianne Harkins and Reggie Harkins; Hinds Circuit Court 1st District; LC Case #: 25CII:14-cv-00560WLK; Ruling Date: 02/26/2016; Ruling Judge: Winston Kidd; Majority Opinion: Chamberlin, J. Disposition: Affirmed and Remanded. Appellants are taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Beam and Ishee, JJ., Concur. Coleman, J., Dissents with Separate Written Opinion Joined by Maxwell, J. Dissenting Opinion: Coleman, J. Votes: Maxwell, J., Joins This Opinion.

Brian Ray Pedigo v. Kristopher Robertson, Rent-A-Center, Inc. and Rent-A-Center East, Inc.; Prentiss Circuit Court; LC Case #: CV2015-000096TG; Ruling Date: 03/24/2016; Ruling Judge: Thomas Gardner, III; Disposition: Motion for Rehearing filed by the Appellees is denied. Opinion modified at paragraphs 3 and 4.

Brian Ray Pedigo v. Kristopher Robertson, Rent-A-Center, Inc. and Rent-A-Center East, Inc.; Prentiss Circuit Court; LC Case #: CV2015-000096TG; Ruling Date: 03/24/2016; Ruling Judge: Thomas Gardner, III; Disposition: The Motion to Strike filed by Brian Ray Pedigo is denied. Order entered.

Akeem Rasheed a/k/a Akeem Muwakkil Rasheed a/k/a Akeem Abdullah Rasheed a/k/a Lee Morris Sharp a/k/a Lamar Sharp v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2014-0327-CRH; Ruling Date: 04/20/2016; Ruling Judge: Lee Howard; Disposition: The Petition for Writ of Certiorari filed by Akeem Abdullah Rasheed, pro se is denied. To Deny: Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Waller, C.J., and Ishee, J. Order entered.

John Renner v. Retzer Resources, Inc. and Velencia Hubbard, Individually and in Her Capacity as Manager of McDonald's; Washington Circuit Court; LC Case #: 2014-0109 CI; Ruling Date: 08/02/2016; Ruling Judge: W. Hines; Disposition: Appellees' Motion for Rehearing is denied.

The City of Gulfport, Mississippi, A Municipal Corporation v. Dedeaux Utility Company, Inc.; Harrison Special Court of Eminent Domain 1st District; LC Case #: 96-01102; Ruling Date: 08/03/2016; Ruling Judge: William Barnett; Majority Opinion: Randolph, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Kitchens, P.J. Dissenting Opinion: King, J. Votes: Kitchens, P.J., Joins This Opinion.

James Curtis Clark a/k/a James Clark v. State of Mississippi; Forrest Circuit Court; LC Case #: 15-383CR; Ruling Date: 07/25/2016; Ruling Judge: Robert Helfrich; Disposition: James Curtis Clark's Petition for Writ of Certiorari, filed pro se, is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

James Curtis Clark a/k/a James Clark v. State of Mississippi; Forrest Circuit Court; LC Case #: 15-383CR; Ruling Date: 07/25/2016; Ruling Judge: Robert Helfrich; Disposition: James Curtis Clark's Petition for Writ of Certiorari, filed by counsel, is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.