02/20/2020 - Hand Down and published opinions in WordPerfect/ZIP format

Griffis, T. Kenneth, J.
X  2018-CA-01772-SCT

In the Matter of the Estate of Julisa Matute, Deceased: University of South Alabama, by and through its division, USA Health University Hospital v. Julita Perez; Harrison Chancery Court 1st District; LC Case #: 24CH1:16-cv-01799-SS; Ruling Date: 12/06/2018; Ruling Judge: Sanford Steckler; Majority Opinion: Griffis, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and Appellee taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Randolph, C.J., Concurs in Result Only without Separate Written Opinion.

Mario Holland v. Murphy Oil USA, Inc., Aden, LLC d/b/a Black's Food Market, Raman Aman, LLC, Miss U Holdings, John Lee, Lee Johnson and Edward West d/b/a West Restaurant and Lounge; Hinds Circuit Court 1st District; LC Case #: 25CI1:18-cv-00067-JAS; Ruling Date: 09/21/2018; Ruling Judge: Eleanor Peterson; Majority Opinion: King, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Mississippi Department of Public Safety v. Justin Herrington; Lamar Circuit Court; LC Case #: 2015K-305H; Ruling Date: 12/10/2018; Ruling Judge: Prentiss Harrell; Majority Opinion: King, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Randolph, C.J., Kitchens, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Chasity Anderson v. Darnice Wiggins; Rankin Chancery Court; LC Case #: 15,506; Ruling Date: 11/29/2016; Ruling Judge: John Grant, III; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Ceola James v. Bennie Thompson In His Individual Capacity; Warren Circuit Court; LC Case #: 17,0086CI; Ruling Date: 08/21/2017; Ruling Judge: M. Chaney, Jr.; Disposition: The Notice of Request for Appointment of a Special Judge filed by Ceola James, pro se, is denied. To Deny: Kitchens, P.J., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ. Not Participating: Randolph, C.J., King, P.J., and Maxwell, J. Order entered 2/13/20.

Carlos Boyd Smith a/k/a Carlos Smith v. State of Mississippi; Stone Circuit Court; LC Case #: 6601-2012-60; Ruling Date: 07/05/2017; Ruling Judge: Roger Clark; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Martha G. Bradshaw v. Loyd E. Bradshaw; Jackson Chancery Court; LC Case #: 30CH1:16-cv-00244-DNH; Ruling Date: 11/17/2017; Ruling Judge: D. Harris, Sr.; Disposition: The Petition for Writ of Certiorari filed by Martha G. Bradshaw is denied. To Deny: All Justices. Order entered.

Jones County School District and Jones County School Board v. Covington County School District, Covington County School Board, Arnetta Crosby, in Her Capacity as Superintendent of Education of the Covington County School District and the Secretary of State for the State of Mississippi; Covington Chancery Court; LC Case #: 16CH1:16-cv-00260; Ruling Date: 05/28/2019; Ruling Judge: Gerald Martin; Disposition: Petitioners' Petition for Permission to Appeal Interlocutory Order of the Chancery Court of Covington County, Mississippi is granted. 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 as required by Mississippi Rules of Appellate Procedure 10 and 11. The trial court proceedings are stayed pending appeal. To Grant: Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Coleman, J. Not Participating: Randolph, C.J. Order entered 2/13/20.

DKS Transport, LLC, Petrol Holdings, LLC, and Scott A. Harwell, Individually, John L. Blacher, Jr., Individually, Wesley H. Blacksher , Individually and Jerry W. Brock, Individually v. Eagle Capital Corporation; Lee County Court; LC Case #: CV2015-001121; Ruling Date: 06/10/2019; Ruling Judge: James Moore; Disposition: The Petition for Permission to File Interlocutory Appeal and for Stay filed by DKS Transport, LLC is denied. To Agree: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin and Ishee, JJ. To Disagree: Griffis, J. Not Participating: Coleman, J. Order entered.

Obert Law Group, P.A. and Keith D. Obert v. Janet T. Holt, in Her Capacity as Executrix for the Estate of Dr. Edwin L. Holt, Jr. and Premier Trust, Inc., as Trustee for the Minor Beneficiaries; Madison Chancery Court; LC Case #: 45CH1:16-cv-00524; Ruling Date: 07/19/2019; Ruling Judge: James Walker; Disposition: The Petition for Interlocutory Appeal filed by Obert Law Group, P.A. and Keith D. Obert is granted. 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 pursuant to M.R.A.P. 10 and 11. To Grant: Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin and Griffis, JJ. Not Participating: Randolph, C.J., Beam and Ishee, JJ. Order entered 2/13/20.

Liberty Mutual Fire Insurance Company, as Subrogee of Chickasaw County School District v. Fowlkes Plumbing, L.L.C., Sullivan Enterprises, Incorporated, and Quality Heat and Air, Incorporated; LC Case #: 18-60608; Ruling Date: 08/12/2019; Majority Opinion: Coleman, J. Disposition: Certified Question Answered. Defendants-Appellants and Plaintiff-Appellee taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Mississippi Baptist Health Systems Inc. and Mississippi Baptist Medical Center, Inc. v. Shemika Harris, Mother and Next Friend of Mekhi Jordan Ard, a Minor and Lakina Walker, Mother and Next Friend of Caleb Ard, a Minor and on Behalf of the Wrongful Death Beneficiaries of Roosevelt Ard, III; Hinds Circuit Court 1st District; LC Case #: 25CI1:16-cv-00604-TTG; Ruling Judge: Tomie Green; Disposition: The Petition for Interlocutory Appeal filed by Mississippi Baptist Health Systems, Inc. and Mississippi Baptist Medical Center, Inc., is hereby granted solely to address MBMC's contention that the Beneficiaries' "claim against MBMC's nurses fails since there is no qualified or reliable opinion that the subject nursing care was the proximate cause of [Ard's] injuries." The claim pertaining to MBHS's "dismiss[al] without prejudice" is dismissed as untimely. The Petition is hereby denied with regard to all other claims. To Agree: Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Disagree: Kitchens and King, P.JJ. To Deny Part I and Agree with Parts II and III: Randolph, C.J. Order entered.

Phillip Earl Young a/k/a Phillip E. Young v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2018-0036; Ruling Judge: Richard Smith; Disposition: Phillip Earl Young's Petition for Permission to File Motion for Post-Conviction Relief is denied. To Deny with Sanctions Warning: Randolph, C.J., Coleman, Beam, Ishee and Griffis, JJ. To Dismiss with Sanctions Warning: Maxwell and Chamberlin, JJ. To Deny: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered.