03/11/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2008-CA-02088-SCT

Jay Bearden v. BellSouth Telecommunications, Inc.; Hinds Circuit Court 2nd District; LC Case #: 2006-46; Ruling Date: 11/13/2008; Ruling Judge: William Coleman; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur.

Margie Brown v. Mississippi Department of Employment Security; Newton Circuit Court; LC Case #: 08-CV-160-NWC; Ruling Date: 11/24/2008; Ruling Judge: Vernon Cotten; Majority Opinion: Waller, C.J. Disposition: Affirmed. Newton County taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only. Randolph, J., not participating.

In Re: Commission on Mandatory Continuing Legal Education; Disposition: Petition filed by the Mississippi Commission on Legal Education to Amend Rule 3 of the Rules and Regulations for Mandatory Continuing Legal Education is granted. Rule 3 is amended as set forth in Exhibit "A" to the order. This amendment is effective on July 1, 2010. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Order entered.

Brentwood Health Management of Mississippi, LLC d/b/a Children's Hospital of Vicksburg v. Mississippi State Department of Health; Hinds Chancery Court 1st District; LC Case #: G2007-1643 O/3; Ruling Date: 01/17/2008; Ruling Judge: Denise Owens; Disposition: Petition for writ of certiorari filed by Brentwood Health Management of Mississippi, LLC, is denied. To Deny: All Justices. Order entered.

Terrance Watkins v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2007-032-CR2; Ruling Date: 11/30/2007; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed pro se by Terrance Watkins is denied. To Deny: All Justices. Order entered.

Jessie James Davis v. State of Mississippi; Grenada Circuit Court; LC Case #: 2007-473CVM; Ruling Date: 01/10/2008; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed by Jessie James Davis is denied. To Deny: All Justices. Order entered.

Danny Allen Westbrook v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-2007-00078; Ruling Date: 08/08/2007; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed by counsel for Danny Allen Westbrook is denied. To Deny: All Justices. Order entered.

David M. Cox, Inc. v. Rembert W. Pitts and Phyllis Pitts, Co-Administrators of the Estate of Jason Pitts, Deceased; Lamar Chancery Court; LC Case #: 2004-0336-GN-D; Ruling Date: 02/27/2008; Ruling Judge: Sebe Dale, Jr.; Disposition: Petition for writ of certiorari filed by David M. Cox, Inc., is denied. To Deny: Waller, C.J., Graves, P.J., Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Carlson, P.J., Dickinson and Randolph, JJ. Order entered.

Paul Allen Houser v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2007-0056-CR1; Ruling Date: 12/07/2007; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed pro se by Paul Allen Houser is denied. To Deny: All Justices. Order entered.

Willie Earl Gray a/k/a Joe Collier v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-07-838-CIV; Ruling Date: 10/12/2007; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by Willie Earl Gray is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Graves, P.J. Order entered.

Bennie E. Lacey a/k/a Bennie E. Lacy a/k/a Benny E. Lacey a/k/a Bandigo Lacey a/k/a Bendo a/k/a Bennie Everette Lacey v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2008-54-B; Ruling Date: 05/08/2008; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed pro se by Bennie E. Lacey is denied. To Deny: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Waller, C.J. Order entered.

Phyllis Minter v. John C. Minter; Lamar Chancery Court; LC Case #: 2000-0233-GN-W; Ruling Date: 05/28/2008; Ruling Judge: Johnny Williams; Disposition: Petition for writ of certiorari filed by Phyllis Minter is denied. To Deny: All Justices. Order entered.

James Grant McIntyre v. The Mississippi Bar; LC Case #: 2008-B-00083; Ruling Date: 08/13/2008; Ruling Judge: Richard McKenzie; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Graves, P.J., Concurs in Result Only.

Larry Wayne McKenzie v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 08-CV-096(B); Ruling Date: 09/08/2008; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed pro se by Larry Wayne McKenzie is denied. To Deny: All Justices. Order entered.

Transocean Enterprise, Inc. v. Ingalls Shipbuilding, Inc. ; Jackson Circuit Court; LC Case #: CI-2000-00,337(1); Ruling Date: 10/10/2008; Ruling Judge: Robert Krebs; Disposition: Appellant's Motion for Enlargement of Time to File Opposition Brief is granted. Order entered.

Transocean Enterprise, Inc. v. Ingalls Shipbuilding, Inc. ; Jackson Circuit Court; LC Case #: CI-2000-00,337(1); Ruling Date: 10/10/2008; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is granted. The original opinions are withdrawn and these opinions are substituted therefor. Affirmed. See opinion of this Court handed down this date.

Transocean Enterprise, Inc. v. Ingalls Shipbuilding, Inc. ; Jackson Circuit Court; LC Case #: CI-2000-00,337(1); Ruling Date: 10/10/2008; Ruling Judge: Robert Krebs; Disposition: The motion to amend or clarify opinion filed by Transocean Enterprise, Inc., is dismissed as moot. See Majority Opinion of this Court handed down this date @ footnote 1.

Transocean Enterprise, Inc. v. Ingalls Shipbuilding, Inc. ; Jackson Circuit Court; LC Case #: CI-2000-00,337(1); Ruling Date: 10/10/2008; Ruling Judge: Robert Krebs; Majority Opinion: Carlson, P.J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn and these opinions are substituted therefor. Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Lamar and Pierce, JJ., Concur. Graves, P.J., Specially Concurs With Separate Written Opinion Joined by Kitchens, J.; Randolph and Chandler, JJ., Join In Part. Randolph, J., Specially Concurs With Separate Written Opinion Joined by Chandler, J.; Dickinson and Pierce, JJ., Join In Part. Specially Concurring Opinion: Graves, P.J. Votes: Kitchens, J., Joins This Opinion. Randolph and Chandler, JJ., Join This Opinion in Part. Specially Concurring Opinion: Randolph, J. Votes: Chandler, J., Joins This Opinion. Dickinson and Pierce, JJ., Join This Opinion in Part.

Robert W. Kennedy v. Illinois Central Railroad Company; Pike Circuit Court; LC Case #: 06-274-PCT; Ruling Date: 10/15/2008; Ruling Judge: Michael Taylor; Disposition: The motion for rehearing filed by counsel for the appellee, Illinois Central Railroad Company is granted. The prior opinion is withdrawn, and this opinion is substituted therefor. Reversed and Remanded. See opinion of this Court handed down this date. Randolph, J., not participating.

Robert W. Kennedy v. Illinois Central Railroad Company; Pike Circuit Court; LC Case #: 06-274-PCT; Ruling Date: 10/15/2008; Ruling Judge: Michael Taylor; Majority Opinion: Carlson, P.J. Disposition: The motion for rehearing filed by counsel for the appellee, Illinois Central Railroad Company is granted. The prior opinion is withdrawn and this opinion is substituted therefor. Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Randolph, J., not participating.