03/15/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael, J.
X  2016-CA-01157-SCT

Stacy Triplett v. Southern Hens, Inc.; Jones Circuit Court 2nd District; LC Case #: 2015-92-CV12; Ruling Date: 07/13/2016; Ruling Judge: Dal Williamson; Majority Opinion: Ishee, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Sedric Sutton a/k/a Cedric Sutton a/k/a Sedric Quintorus Sutton a/k/a Cedric Quintorus Sutton v. State of Mississippi; Washington Circuit Court; LC Case #: 2014-0220; Ruling Date: 06/01/2016; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Chamberlin, J. Disposition: Reversed and Remanded. Washington County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Beam, JJ., Concur. Kitchens, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by King, J. Ishee, J., not participating. Concurring in Part and Dissenting in Part Opinion: Kitchens, P.J. Votes: King, J., Joins This Opinion.

Forrest Thomas, III v. Mississippi Department of Corrections and Gloria Gibbs, Director of Records; Marshall Circuit Court; LC Case #: CV2015-161; Ruling Date: 01/11/2017; Ruling Judge: Andrew Howorth; Majority Opinion: Coleman, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Kitchens, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by King, J. Concurring in Part and Dissenting in Part Opinion: Kitchens, P.J. Votes: King, J., Joins This Opinion.

Singing River Health System, Jennifer Thomas-Taylor, M.D., Alva Britt, R.N., Benjamin W. Hudson M.D., and Emergency Room Group, LTD. v. Teresa Vermilyea and Julie Vermilyea Kasby as the Wrongful Death Beneficiaries of Randy Vermilyea and Julie Vermilyea Kasby, Individually; Jackson Circuit Court; LC Case #: 2015-00,174(I); Ruling Date: 07/11/2016; Ruling Judge: Robert Krebs; Majority Opinion: Kitchens, P.J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Waller, C.J., King, Chamberlin and Ishee, JJ., Concur. Maxwell, J., Dissents with Separate Written Opinion Joined by Coleman and Beam, JJ. Randolph, P.J., not participating. Dissenting Opinion: Maxwell, J. Votes: Coleman and Beam, JJ., Join This Opinion.

Mississippi Department of Wildlife, Fisheries, and Parks v. Candace Webb, Thomas Harper, and Kathleen D. Webb; Harrison Circuit Court 2nd District; LC Case #: A2402-2010-00097; Ruling Date: 12/02/2014; Ruling Judge: Lisa Dodson; Majority Opinion: Kitchens, P.J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Circuit Court of the Second Judicial District of Harrison County is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., King, Beam and Chamberlin, JJ., Concur. Maxwell, J., Concurs in Part and in Result without Separate Written Opinion. Coleman, J., Dissents with Separate Written Opinion. Ishee, J., not participating. Dissenting Opinion: Coleman, J.

Dauwanna Mitchell v. Tabitha Moore, Tillmon Bishop, Guardian of Kevin Earl Moore, Minor (necessary party); Lincoln Chancery Court; LC Case #: 2010-0501; Ruling Date: 10/20/2015; Ruling Judge: Edward Patten, Jr.; Consolidated with 2016-CA-00177-SCT In the Matter of the Estate of Travis Lynn Weems, Deceased: Dauwanna Mitchell v. Tillmon Bishop, Guardian of Kevin Earl Moore and Administrator of Estate of Travis Lynn Weems, Deceased; Lincoln Chancery Court; LC Case #: 2014-0605; Ruling Date: 01/05/2016; Ruling Judge: Edward Patten, Jr.; Disposition: The Motion for Rehearing filed by Appellant is denied. Waller, C.J., and Coleman, J., would grant.

Bettye Logan v. Klaussner Furniture Corporation d/b/a Bruce Furniture Industries and American Casualty Company of Reading, PA; LC Case #: 04 13389-J-1339-A; Ruling Date: 10/23/2015; Majority Opinion: Randolph, P.J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Mississippi Workers' Compensation Commission is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur. Ishee, J., not participating.

In the Matter of the Estate of Travis Lynn Weems, Deceased: Dauwanna Mitchell v. Tillmon Bishop, Guardian of Kevin Earl Moore and Administrator of Estate of Travis Lynn Weems, Deceased; Lincoln Chancery Court; LC Case #: 2014-0605; Ruling Date: 01/05/2016; Ruling Judge: Edward Patten, Jr.; Consolidated with 2015-CA-01651-SCT Dauwanna Mitchell v. Tabitha Moore, Tillmon Bishop, Guardian of Kevin Earl Moore, Minor (necessary party); Lincoln Chancery Court; LC Case #: 2010-0501; Ruling Date: 10/20/2015; Ruling Judge: Edward Patten, Jr.; Disposition: The Motion for Rehearing filed by Appellant is denied. Waller, C.J., and Coleman, J., would grant.

In the Matter of the Estate of Dorothy Johnson, Deceased, Sheila West and Jennifer Patzius, Co-Executrices: Sheila West, Jennifer Patzius and Jessica McAlister v. Ron Johnson, Brad Johnson and Melanie Fowler; Tippah Chancery Court; LC Case #: 2010-339A; Ruling Date: 09/02/2015; Ruling Judge: Glenn Alderson; Disposition: The Motion for Rehearing filed by Appellants is denied. The Amended Motion for Rehearing filed by Appellants is denied. Coleman and Maxwell, JJ., would grant.

Estate of Russell Puckett v. Carol Clement; Warren Circuit Court; LC Case #: 10,0082; Ruling Date: 04/21/2016; Ruling Judge: Isadore Patrick, Jr.; Disposition: The Motion for Rehearing filed by Appellee is denied. The original opinions are withdrawn and these opinions substituted therefor. Reversed and Rendered. See opinions of this Court handed down this date. Ishee, J., not participating.

Estate of Russell Puckett v. Carol Clement; Warren Circuit Court; LC Case #: 10,0082; Ruling Date: 04/21/2016; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Chamberlin, J. Disposition: The motion for rehearing is denied. The original opinions are withdrawn and these opinions substituted therefor. Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Beam, JJ., Concur. Kitchens, P.J., Concurs in Part and in Result with Separate Written Opinion Joined by King, J. Ishee, J., not participating. Concurring in Part and in Result Opinion: Kitchens, P.J. Votes: King, J., Joins This Opinion.

Robert Patrick Terrell a/k/a Robert P. Terrell a/k/a Patrick Terrell v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K13-0002M-H; Ruling Date: 04/08/2016; Ruling Judge: Prentiss Harrell; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens, P.J., and King, J., would grant.

John Renner v. Retzer Resources, Inc. and Velencia Hubbard, Individually and in Her Capacity as Manager of McDonald's; Washington Circuit Court; LC Case #: 2014-0109 CI; Ruling Date: 08/02/2016; Ruling Judge: W. Hines; Disposition: The Motion to Modify Mandate filed by counsel for John Renner is granted. The mandate in this matter issued February 22, 2018, shall be recalled. The costs of this appeal shall be assessed to the Appellees. The new mandate shall issue immediately upon entry of this order. Order entered.

John Renner v. Retzer Resources, Inc. and Velencia Hubbard, Individually and in Her Capacity as Manager of McDonald's; Washington Circuit Court; LC Case #: 2014-0109 CI; Ruling Date: 08/02/2016; Ruling Judge: W. Hines; Disposition: The Motion to Modify Mandate filed by counsel for John Renner is granted. The mandate in this matter issued February 22, 2018, shall be recalled. The costs of this appeal shall be assessed to the Appellees. The new mandate shall issue immediately upon entry of this order. Order entered.

Gregory Dunn a/k/a Gregory Todd Dunn v. State of Mississippi; Calhoun Circuit Court; LC Case #: CV2016-084; Ruling Date: 08/09/1994; Ruling Judge: John Gregory; Disposition: Gregory Dunn's letter motion is dismissed as procedurally barred. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Chamberlin, JJ. Disagree: Kitchens, P.J., King, Beam and Ishee, JJ. Order entered.