03/18/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2008-CA-01192-SCT

Michael Stringer as Natural Father and Next Friend of Alicia Stringer, A Minor v. James T. Trapp, M.D.; Clay Circuit Court; LC Case #: 2007-0004; Ruling Date: 05/23/2008; Ruling Judge: Lee Howard; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

In Re: Local Rules; Disposition: Proposed Local Rule 4 Regarding Courtroom Decorum filed by the Circuit Court for the Eighteenth Circuit Court District is approved. The proposed Rule No. 4 is attached to the order as Exhibit A. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series (Mississippi Edition). Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 45(c) of the Mississippi Rules of Appellate Procedure is amended as set forth in 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. To Amend: All Justices. Order entered.

John Albert Woods, Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-2006-00044; Ruling Date: 03/09/2007; Ruling Judge: Lisa Dodson; Disposition: Petition for writ of certiorari filed by John Albert Woods, Jr., is denied. To Deny: All Justices. Order entered.

United Plumbing & Heating Company, Inc., Price's Glass & Mirror Co., Inc., James Thomas d/b/a T's Tile, Carr Plumbing Supply, Inc., Ricky Jackson d/b/a Jackson Sheet Metal & Welding, Tommy Meadows d/b/a F&M Construction, Precision Ceiling, LLC and Ronnie Deforest v. AmSouth Bank, Sometimes Identified as Regions Bank as Successor from the Merger with AmSouth Bank f/k/a Deposit Guaranty National Bank; Hinds Circuit Court 2nd District; LC Case #: 2005-31; Ruling Date: 09/14/2007; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by United Heating & Plumbing Company, Inc., et al., is denied. To Deny: All Justices. Order entered.

Claudine Brown, Individually and as Administratrix of the Estate of Charles Brown, Deceased and on behalf of all Wrongful Death Beneficiaries of Charles Brown, Deceased v. Progressive Gulf Insurance Company; Yazoo Circuit Court; LC Case #: 2005-CI-92; Ruling Date: 12/12/2007; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed by Claudine Brown is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Graves, P.J., and Kitchens, J. Order entered.

Covington County School District v. Lutricia Magee, Individually and on Behalf of the Wrongful Death Beneficiaries of Lonnie C. Magee, Jr., Deceased, and All Others Who are Entitled to Recover Under the Wrongful Death and Survival Statute; Covington Circuit Court; LC Case #: 2008-45C; Ruling Date: 06/25/2008; Ruling Judge: Robert Evans; Disposition: Motion for rehearing filed by appellee is denied. Graves, P.J., Kitchens and Chandler, JJ., would grant.

Cherelle L. German a/k/a Cherelle Lamar German v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK06-107; Ruling Date: 06/05/2008; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by Cherelle L. German is denied. To Deny: All Justices. Order entered.

Carla Stutts v. Janice Miller and Jaci Miller; Alcorn Circuit Court; LC Case #: CV07-000483RA; Ruling Date: 10/06/2008; Ruling Judge: James Roberts, Jr.; Majority Opinion: Carlson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, Lamar, Chandler and Pierce, JJ., Concur. Pierce, J., Specially Concurs with Separate Written Opinion Joined by Randolph, Lamar and Chandler, JJ. Kitchens, J., Dissents With Separate Written Opinion Joined by Waller, C.J., and Graves, P.J. Dickinson, J., not participating. Specially Concurring Opinion: Pierce, J. Votes: Randolph, Lamar and Chandler, JJ., Join This Opinion. Dissenting Opinion: Kitchens, J. Votes: Waller, C.J., and Graves, P.J., Join This Opinion.