03/10/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2009-AN-00584-SCT

In the Matter of the Enlarging, Extending and Defining the Corporate Limits and Boundaries of The City of Horn Lake, DeSoto County, Mississippi; City of Horn Lake, Mississippi v. Town of Walls, Mississippi, DeSoto County, Mississippi and Walls Fire Protection District; DeSoto Chancery Court; LC Case #: 07-12-2387ML; Ruling Date: 03/24/2009; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ., Concur. King, J., not participating.

The Estate of Ellen Pope, by and through James Payne, Individually and as the Personal Representative for the use and benefit of the Estate of Ellen Pope, and on behalf of and for the use and benefit of the wrongful death beneficiaries of Ellen Pope v. Delta Health Group, Inc.; Bolivar Circuit Court 2nd District; LC Case #: 2009-0048; Ruling Date: 11/09/2009; Ruling Judge: Albert Smith, III; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ., Concur. King, J., not participating.

Montae Blanchard v. State of Mississippi; Monroe Circuit Court; LC Case #: CR08-253; Ruling Date: 02/19/2010; Ruling Judge: Thomas Gardner, III; Majority Opinion: Kitchens, J. Disposition: Conviction of armed robbery and sentence of fifty (50) years in the custody of the Mississippi Department of Corrections, Affirmed. Monroe County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ., Concur. King, J., not participating.

In Re: Local Rules; Disposition: The request for approval of local rules filed by the Honorable Edward C. Fenwick and the Honorable Joseph Kilgore of the Sixth Chancery Court District is granted. The local rules, as set forth in Exhibit A to this order, are approved. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition). Not Participating: King, J. Order entered.

In Re: Local Rules; Disposition: The Petition for Approval of Local Rules filed by the Honorable Jon M. Bardwell, the Honorable Catherine Farris-Carter and the Honorable Watosa M. Sanders of the Seventh Chancery Court District is granted. The local rules, as set forth in Exhibit A to this order, are approved. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition). Not Participating: King, J. Order entered.

David Hardin Doyle v. Karen Phyliss Doyle; DeSoto Chancery Court; LC Case #: 06-01-0105; Ruling Date: 08/22/2007; Ruling Judge: Vicki Cobb; Consolidated with 2008-CT-01927-SCT David Hardin Doyle v. Karen Phyliss Doyle; DeSoto Chancery Court; LC Case #: 06-01-0105; Ruling Date: 08/27/2008; Ruling Judge: Vicki Cobb; Disposition: Petition for writ of certiorari filed pro se by David Hardin Doyle is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Dismiss: Waller, C.J. Not Participating: King, J. Order entered.

Vanessa Decker a/k/a Vanessa Francis Decker a/k/a Vanessa Frances Decker a/k/a Fran v. State of Mississippi; Clay Circuit Court; LC Case #: 9092; Ruling Date: 08/01/2008; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by counsel for Vanessa Decker is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens and Pierce, JJ. To Deny: Carlson, P.J., and Randolph, J. Not Participating: Chandler and King, JJ. Order entered.

Edmond Jenkins v. Rose Jenkins; Copiah Chancery Court; LC Case #: 2006-325; Ruling Date: 10/31/2008; Ruling Judge: George Ward; Disposition: Petition for writ of certiorari filed by Edmond Jenkins 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.

David Hardin Doyle v. Karen Phyliss Doyle; DeSoto Chancery Court; LC Case #: 06-01-0105; Ruling Date: 08/27/2008; Ruling Judge: Vicki Cobb; Consolidated with 2007-CT-01925-SCT David Hardin Doyle v. Karen Phyliss Doyle; DeSoto Chancery Court; LC Case #: 06-01-0105; Ruling Date: 08/22/2007; Ruling Judge: Vicki Cobb; Disposition: Petition for writ of certiorari filed pro se by David Hardin Doyle is denied. To Deny: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Dismiss: Waller, C.J. Not Participating: King, J. Order entered.

State of Mississippi, Ex Rel Jim Hood, Attorney General v. Louisville Tire Center, Inc. d/b/a Fair Oil Company; Winston Chancery Court; LC Case #: 2007-134; Ruling Date: 11/25/2008; Ruling Judge: J. Kilpatrick; Disposition: Motion by Special Assistant Attorney General Sondra S. McLemore to Withdraw as Counsel of Record for the Appellant is granted. Order entered.

State of Mississippi, Ex Rel Jim Hood, Attorney General v. Louisville Tire Center, Inc. d/b/a Fair Oil Company; Winston Chancery Court; LC Case #: 2007-134; Ruling Date: 11/25/2008; Ruling Judge: J. Kilpatrick; Majority Opinion: Pierce, J. Disposition: On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens and Chandler, JJ., Concur. King, J., not participating.

In the Estate of Cynthia Wallace, Deceased, Personal Representative Louis M. Wallace v. Emad H. Mohamed, M.D., Bristol Myers Squibb Company and Sanofi Synthelabo, Inc.; Lowndes Circuit Court; LC Case #: 2005-0176-CV1; Ruling Date: 12/15/2008; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Emad H. Mohamed, M.D., is granted. To Grant: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Deny: Kitchens, J. Not participating: King, J. Order entered.

Lincoln Electric Company and The ESAB Group, Inc. v. Stanley McLemore; Copiah Circuit Court; LC Case #: 2005-0378; Ruling Date: 11/26/2008; Ruling Judge: Lamar Pickard; Disposition: Motion for rehearing filed by Stanley McLemore is denied. Kitchens, J., would grant. King, J., not participating.

Emerson Osborne a/k/a Emmerson Osborne v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2007-028-CR2; Ruling Date: 11/07/2008; Ruling Judge: Albert Smith, III; Disposition: Motion for rehearing filed by Emerson Osborne is denied. Dickinson, P.J., Kitchens and Chandler, JJ., would grant. King, J., not participating.

Alan M. Avant v. State of Mississippi; Leake Circuit Court; LC Case #: 08-CV-378-A-LE-C; Ruling Date: 04/15/2009; Ruling Judge: Vernon Cotten; Disposition: Petition for writ of certiorari filed by Alan M. Avant pro se 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.

A. B. v. Y. Z.; Perry Chancery Court; LC Case #: 2009-0018; Ruling Date: 09/28/2009; Ruling Judge: Joe Walker; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., and Chandler, J., Concur. Lamar, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J. Randolph, Pierce and King, JJ., not participating. Dissenting Opinion: Lamar, J. Votes: Dickinson, P.J., Joins This Opinion.

Vincent Vaughn v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2008-0114; Ruling Date: 01/11/2010; Ruling Judge: Albert Smith, III; Disposition: On March 2, 2011, the Clerk of this Court was notified by the Mississippi Department of Corrections that appellant Vincent Vaughn died on November 3, 2010, during pendency of this appeal. The Court finds that this appeal should be dismissed as moot. On the Court's own motion, this appeal is dismissed as moot and with Coahoma County to bear the costs of appeal. Pierce, J., for the Court. King, J., not participating. Order entered.