03/07/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2011-CA-01716-SCT

Mississippi State and School Employees' Life and Health Plan and Catalyst Rx d/b/a Catalyst Rx, Inc. v. KCC, Inc., an Alabama Corporation d/b/a Vital Care of Meridian; Hinds Chancery Court 1st District; LC Case #: G2010-753 0/3; Ruling Date: 10/26/2011; Ruling Judge: Denise Owens; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.

Freddie Webber, Jr. a/k/a Freddie Lee Webber, Jr. a/k/a "Head" a/k/a "Fnu Lnu" v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0280-CR1; Ruling Date: 09/02/2011; Ruling Judge: Lee Howard; Majority Opinion: Waller, C.J. Disposition: Conviction of sale of cocaine and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections, as a habitual offender, Affirmed. Sentence shall not be reduced nor suspended nor shall Appellant be eligible for parole or probation. Appellant shall pay a fine of $5,000.00. Lowndes County taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

City of Jackson, Mississippi v. Alexander Gardner; Hinds Circuit Court 1st District; LC Case #: 251-10-983CIV; Ruling Date: 03/22/2012; Ruling Judge: Winston Kidd; Majority Opinion: Waller, C.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Dominic Gebben v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2010-61-KR2; Ruling Date: 07/21/2010; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by Dominic Gebben is denied. To Deny: All Justices. Order entered.

David E. Fleisher v. Southern Agcredit, FLCA f/k/a Land Bank South, FLCA; Stone Circuit Court; LC Case #: 2009-0027; Ruling Date: 08/30/2010; Ruling Judge: Lisa Dodson; Disposition: Motion for Leave to Seek Relief From Judgment in the Trial Court Below filed by the Appellant is denied. Order entered.

David E. Fleisher v. Southern Agcredit, FLCA f/k/a Land Bank South, FLCA; Stone Circuit Court; LC Case #: 2009-0027; Ruling Date: 08/30/2010; Ruling Judge: Lisa Dodson; Disposition: Petition for writ of certiorari filed by the Appellant was granted by order of this Court on November 15, 2012 in order to carefully review the issues and the record in this matter. Having done so, the Court now finds that there is no need for further review and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Dickinson, P.J., not participating. Lamar, J., for the Court. Order entered.

William Martin Falkner and wife, Valerie J. Falkner v. John E. Stubbs, Jr. d/b/a Mississippi Polysteel; Chickasaw Circuit Court 1st District; LC Case #: H-2001-95; Ruling Date: 09/01/2010; Ruling Judge: Henry Lackey; Majority Opinion: Chandler, J. Disposition: The judgment of the Court of Appeals is Affirmed. The judgment of the Chickasaw County Circuit Court is Reversed and the case is Remanded. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.

Perry L. Collins v. Iretha F. Collins; Washington Chancery Court; LC Case #: 0601470; Ruling Date: 10/18/2010; Ruling Judge: Marie Wilson; Disposition: Petition for writ of certiorari filed by Perry L. Collins is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. To Deny: Kitchens, J. Not Participating: King, J. Order entered.

Laura Karpinsky v. American National Insurance Company and Oraclean, Inc.; Harrison Circuit Court 2nd District; LC Case #: A2402-08-139; Ruling Date: 12/01/2010; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Lamar, J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Harrison County Circuit Court is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Pierce and Coleman, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Chandler and King, JJ. Dissenting Opinion: Kitchens, J. Votes: Chandler and King, JJ., Join This Opinion.

Talib Ammer Hannah a/k/a Talib Hannah a/k/a Talib A. Hannah a/k/a Kane v. State of Mississippi; Washington Circuit Court; LC Case #: 2010-0086; Ruling Date: 02/17/2011; Ruling Judge: W. Hines; Majority Opinion: Randolph, P.J. Disposition: Reversed and Remanded. Washington County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Jones County School District and Jones County School Board v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission; Mississippi State Oil & Gas Board; Bean Resources, Inc.; Denbury Resources, Inc.; and Venture Oil & Gas, Inc. AND Mississippi Department of Revenue f/k/a Mississippi State Tax Commission v. Jones County School District; Jones County School Board; Bean Resources, Inc.; Denbury Resources, Inc.; Venture Oil & Gas, Inc.; and The Secretary of State of the State of Mississippi AND The Secretary of State of the State of Mississippi v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission AND Bean Resources, Inc.; Denbury Resources, Inc.; and Venture Oil & Gas, Inc. v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission and Mississippi State Oil & Gas Board; Jones Chancery Court 2nd District; LC Case #: 2008-0533 & 2008-0767; Ruling Date: 05/02/2011; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Pierce, J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellants and Appellees taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur. Waller, C.J., not participating.

Circus Circus Mississippi, Inc. d/b/a Gold Strike Casino Resort v. Fendley Joy Cushing; Tunica Circuit Court; LC Case #: 2009-0229; Ruling Date: 06/22/2011; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed by Circus Circus Mississippi, Inc. d/b/a Gold Strike Casino Resort is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. Not Participating: Coleman, J. Order entered.

Moses McBride a/k/a Moses Leon McBride a/k/a Leon Mosses McBride a/k/a Moses Leon Moye McBride v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2011-0273-CVK; Ruling Date: 06/14/2011; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by Moses McBride, pro se, is denied. To Deny: All Justices. Order entered.

William Antonio Avery a/k/a William Avery v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 11-CV-042(W); Ruling Date: 07/08/2011; Ruling Judge: Lester Williamson, Jr.; Disposition: Petition for writ of certiorari filed pro se by William Antonio Avery is denied. To Deny: All Justices. Order entered.