03/11/2021 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D., J.
X  2020-SA-00174-SCT

In the Matter of The Stewardship of the Public Trust Tidelands: City of Biloxi, Mississippi v. The Secretary of State of the State of Mississippi, in his Official Capacity Board of Trustees of State Institutions of Higher Learning in its own Capacity and on behalf of The University of Southern Mississippi, The Gulf Coast Research Laboratory and The J.L. Scott Marine Education Center and Riverboat Corporation of Mississippi; Harrison Chancery Court 2nd District; LC Case #: 24CH2:02-cv-00760-JS; Ruling Date: 08/06/2019; Ruling Judge: Jennifer Schloegel; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

Hyundai Motor America and Hyundai Motor Company v. Ola Mae Applewhite, as Personal Representative of the Estate of and Wrongful Death Beneficiaries of Dorothy Mae Applewhite, deceased, Ceola Wade, as Personal Representative of the Estate of and Wrongful Death Beneficiaries of Anthony J. Stewart, deceased, and Kenneth Cordell Carter, as Personal Representative of the Estate of and Wrongful Death Beneficiaries of Cecilia Cooper, Deceased; Coahoma Circuit Court; LC Case #: 14-CI-98-0086; Ruling Date: 01/13/2015; Ruling Judge: Albert Smith, III; Majority Opinion: Randolph, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Beam, Ishee and Griffis, JJ., Concur. Beam, J., Concurring with Separate Written Opinion Joined by Randolph, C.J., and Griffis, J.; Coleman, J., Joins in Part. Ishee, J., Concurring with Separate Written Opinion Joined by Randolph, C.J., Coleman, Beam and Griffis, JJ. Kitchens, P.J., Dissents with Separate Written Opinion Joined by King, P.J.; Coleman, J., Joins in Part. King, P.J., Dissents with Separate Written Opinion Joined by Kitchens, P.J. Coleman, J., Dissents with Separate Written Opinion Joined in Part by Kitchens, P.J. Maxwell and Chamberlin, JJ., Not Participating. Concurring Opinion: Beam, J. Votes: Randolph, C.J., and Griffis, J., Join This Opinion. Coleman, J., Joins This Opinion in Part. Concurring Opinion: Ishee, J. Votes: Randolph, C.J., Coleman, Beam and Griffis, JJ., Join This Opinion. Dissenting Opinion: Kitchens, P.J. Votes: King, P.J., Joins This Opinion. Coleman, J., Joins This Opinion in Part. Dissenting Opinion: King, P.J. Votes: Kitchens, P.J., Joins This Opinion. Dissenting Opinion: Coleman, J. Votes: Kitchens, P.J., Joins This Opinion in Part.

Jeffrey Havard a/k/a Jeffrey Keith Havard v. State of Mississippi; Adams Circuit Court; LC Case #: 02-KR-0141-J; Ruling Date: 09/14/2018; Ruling Judge: Forrest Johnson, Jr.; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens and King, P.JJ., would grant.

Carl Boyanton, Individually and on behalf of Farmer Fresh Produce, Inc. v. Brothers Produce, Inc. and Brent Erenwert; Pearl River Circuit Court; LC Case #: 55CI1:16-cv-00149-CM; Ruling Date: 12/28/2018; Ruling Judge: Claiborne McDonald; Disposition: Appellees' Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Griffis, J. Order entered 3/02/21.

Lisa Sandlin a/k/a Lisa A. Sandlin a/k/a Lisa Babler a/k/a Lisa Husky v. State of Mississippi; Lee Circuit Court; LC Case #: CV16-012-PF-L; Ruling Date: 03/20/2019; Ruling Judge: Paul Funderburk; Consolidated with 2012-CT-00258-SCT Lisa Sandlin a/k/a Lisa A. Sandlin a/k/a Lisa Babler a/k/a Lisa Husky v. State of Mississippi; Lee Circuit Court; LC Case #: CR11-020(PF)L; Ruling Date: 12/01/2011; Ruling Judge: Paul Funderburk; Disposition: The Petition for Writ of Certiorari filed by Lisa Sandlin is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: Ishee, J. Order entered.

Mississippi Sand Solutions, LLC v. Bessie B. Otis, Sherry Fisher, Connie Fisher Walker, Dennis Roy Holmes, Robbie Jean Holmes Ware, Maggie Fisher, Gregory Cooper, Janice Fisher Turner, Larry D. Fisher, Johnny L. Wright, Bridgett G. Winters, James Fisher, Jr., Ray W. Fisher, Sr., Michael C. Fisher, Sr., Jimmy L. Wright, Cornelius Fisher, Sr., Derrick Fisher, Dianne Fisher Williams, Sharon Fisher Hill, Shelia Fisher Keys and Ledoria Fisher Baldwin, C.J. Fisher, Jr., Horace Darryl Fisher, Frank Fisher, Joyce Fisher, Shirley Fisher Gray and Minnette Fisher Chambers; Warren Special Court of Eminent Domain; LC Case #: 75CO1:17-cv-00799; Ruling Date: 06/17/2019; Ruling Judge: Janace Goree; Disposition: The Motion for Rehearing filed by Appellant is denied.

Adam Brent Wallace v. State of Mississippi; Lamar Circuit Court; LC Case #: 37CI1:18-cv-00096-PH; Ruling Date: 11/05/2019; Ruling Judge: Prentiss Harrell; Disposition: The Petition for Writ of Certiorari filed by Adam Brent Wallace is denied. All Justices Agree. Order entered.

Dr. Benjamin Rush v. Rush Health Systems, Inc., Physician Services, LLC, Medical Foundation, Inc. and Rush Medical Foundation d/b/a Rush Foundation Hospital; Lauderdale Circuit Court; LC Case #: 18-CV-019W; Ruling Date: 09/16/2020; Ruling Judge: Robert Bailey; Disposition: Dr. Benjamin Rush's Motion for Clarification is denied without prejudice to his right to seek relief in the trial court. All Justices Agree. Order entered 3/03/21.