03/03/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2009-IA-01181-SCT

Ruth Fredericks, M.D. and J. Martin Tucker, M.D. v. C. Eric Malouf, Kristine K. Malouf individually and on Behalf of Kimberly Malouf, a Minor; Hinds Circuit Court 1st District; LC Case #: 251-03-77; Ruling Date: 07/16/2009; Ruling Judge: Tomie Green; Majority Opinion: Lamar, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler and Pierce, JJ., Concur. Waller, C.J., and King, J., not participating.

Virginia McGee, Individually; and Leroy Mitchell, as Conservator over the Estate of Virginia McGee v. River Region Medical Center, et al; Warren Circuit Court; LC Case #: 08,0024-CI; Ruling Date: 08/21/2009; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Chandler and Pierce, JJ., Concur. Kitchens, J., Concurs in Part and in Result With Separate Written Opinion. King, J., not participating Concurring in Part and in Result Opinion: Kitchens, J.

Marguerite B. Holder and Herbert Holder v. Orange Grove Medical Specialties, P.A., and Boyd Benefield, M.D.; Harrison Circuit Court 1st District; LC Case #: A-2401-06-456; Ruling Date: 07/29/2008; Ruling Judge: Jerry Terry, Sr.; Disposition: Motion to Supplement or Modify the Record is denied. Order entered.

Marguerite B. Holder and Herbert Holder v. Orange Grove Medical Specialties, P.A., and Boyd Benefield, M.D.; Harrison Circuit Court 1st District; LC Case #: A-2401-06-456; Ruling Date: 07/29/2008; Ruling Judge: Jerry Terry, Sr.; Disposition: Motion for rehearing filed by Appellants is denied. Chandler and Kitchens, JJ., would grant. King, J., not participating.

Curtis Ervin, on Behalf of the Wrongful Death Beneficiaries and as Administrator of the Estate of Janice Ervin, Deceased v. Delta Regional Medical Center; Washington Circuit Court; LC Case #: CI2005-250; Ruling Date: 10/06/2008; Ruling Judge: Richard Smith; Disposition: Petition for writ of certiorari filed by Curtis Ervin is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: King, J. Order entered.

Helen L. Rogillio v. David M. Rogillio; Warren Chancery Court; LC Case #: 2007-107 GN; Ruling Date: 10/03/2008; Ruling Judge: Marie Wilson; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Kitchens and Chandler, JJ., Concur. Waller, C.J., Dissents With Separate Written Opinion Joined by Lamar, J. King, J., not participating. Dissenting Opinion: Waller, C.J. Votes: Lamar, J., Joins This Opinion.

J. Clifford Harrison as Trustee ("Harrison") and Regions Bank f/k/a AmSouth Bank and Successor in Interest to Deposit Guaranty National Bank ("Bank") v. Mississippi Transportation Commission; Webster Special Court of Eminent Domain; LC Case #: 98-0058-CV-L; Ruling Date: 06/23/2008; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Lamar, J. Disposition: The judgment of the Court of Appeals is Affirmed. The judgment of the Webster County Special Court of Eminent Domain is Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.

Rodney Sands and Aqui Demetrius Rhodes v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: 2007-64H; Ruling Date: 04/16/2009; Ruling Judge: Prentiss Harrell; Majority Opinion: Dickinson, P.J. Disposition: As to Rodney Sands: Conviction of two counts of manslaughter and one count of aggravated assault, Reversed and Rendered. As to Aqui Rhodes: Count I: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, with the possibility of parole, Affirmed. Count II: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, with the possibility of parole, Affirmed. Count III: Conviction of aggravated assault and sentence of twenty (20) years imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Sentences imposed in Counts I, II and III shall run consecutively to each other. Jefferson Davis County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. King, J., not participating.