03/19/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2008-CA-00067-SCT

The Estate of Hamilton Peter Guillotte, by and through Edith Jordan, Individually and as Administratrix of the Estate of Hamilton Peter Guillotte v. Delta Health Group, Inc., Dixie White House Nursing Home, Inc. and Pensacola Healthtrust, Inc.; Harrison Circuit Court 2nd District; LC Case #: A2402-2002-310; Ruling Date: 12/05/2007; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Graves, P.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Howard Cater, II v. State of Mississippi; Adams Circuit Court; LC Case #: 2006-KR-0160-S; Ruling Date: 09/13/2007; Ruling Judge: Lillie Sanders; Majority Opinion: Waller, C.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

In Re: Rules of Discipline for the Mississippi Bar; Disposition: Dwight Springfield's pro se "Motion to Amend Rule 15(a)(ii) of the Rules of Discipline for the State Bar" filed on November 4, 2008, is denied. Dwight Springfield's pro se "Motion to Amend Rule 15(a)(ii) of the Rules of Discipline for the State Bar," filed on February 3, 2009, is denied. Order entered.

Ray Charles Lenoir v. State of Mississippi; Monroe Circuit Court; LC Case #: CV04-452-AM; Ruling Date: 06/14/2007; Ruling Judge: Sharion Aycock; Disposition: Petition for writ of certiorari filed pro se by Ray Charles Lenoir is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce. JJ. Not Participating: Chandler, J. Order entered.

Michael Henry Hearn v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 350-05; Ruling Date: 08/08/2007; Ruling Judge: David Ishee; Disposition: Motion for rehearing filed by appellant is denied. Kitchens, J., would grant.

Lisa Byrd, Aurora Cares, LLC d/b/a Tara Cares, Manhattan Nursing & Rehabilitation Center, LLC, Beverly Enterprises, Inc., Beverly Health & Rehabilitation Services, Inc. f/k/a Beverly California Corp., Beverly Enterprises-Mississippi, Inc., Manhattan Health Care Center d/b/a Beverly Healthcare-Manhattan d/b/a Beverly Healthcare-Eason Boulevard d/b/a Beverly Healthcare Tupelo and Bobbie Blackard v. Ira W. Simmons; Hinds Circuit Court 1st District; LC Case #: 251-05-433CIV; Ruling Date: 09/06/2007; Ruling Judge: Bobby DeLaughter; Consolidated with 2007-CA-01775-SCT Manhattan Nursing & Rehabilitation Center, LLC, Aurora Cares, LLC d/b/a Tara Cares, Bobbie Blackard and Lisa Byrd v. Ira W. Simmons; Hinds Circuit Court 1st District; LC Case #: 251-05-433CIV; Ruling Date: 07/18/2007; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Interlocutory Appeal filed by Lisa Byrd is granted. See Opinion of this Court handed down this date.

Manhattan Nursing & Rehabilitation Center, LLC, Aurora Cares, LLC d/b/a Tara Cares, Bobbie Blackard and Lisa Byrd v. Ira W. Simmons; Hinds Circuit Court 1st District; LC Case #: 251-05-433CIV; Ruling Date: 07/18/2007; Ruling Judge: Bobby DeLaughter; Consolidated with 2007-IA-01673-SCT Lisa Byrd, Aurora Cares, LLC d/b/a Tara Cares, Manhattan Nursing & Rehabilitation Center, LLC, Beverly Enterprises, Inc., Beverly Health & Rehabilitation Services, Inc. f/k/a Beverly California Corp., Beverly Enterprises-Mississippi, Inc., Manhattan Health Care Center d/b/a Beverly Healthcare-Manhattan d/b/a Beverly Healthcare-Eason Boulevard d/b/a Beverly Healthcare Tupelo and Bobbie Blackard v. Ira W. Simmons; Hinds Circuit Court 1st District; LC Case #: 251-05-433CIV; Ruling Date: 09/06/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: Graves, P.J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Edward E. Shelnut v. The Department of Human Services of The State of Mississippi; Hinds Chancery Court 2nd District; LC Case #: U99-1 R/1; Ruling Date: 11/19/2007; Ruling Judge: J. Thomas; Majority Opinion: Randolph, J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Chase Manhattan Mortgage Corp. a/k/a Chase Home Finance, LLC and Deutsche Bank National Trust Company v. Tricia S. Hopson; Coahoma Chancery Court; LC Case #: 2007-532; Ruling Date: 06/02/2008; Ruling Judge: William Willard, Jr.; Disposition: Combined Motion and Brief in Support of Defendants' Motion for Rehearing on Petition for Interlocutory Appeal filed by Chase Manhattan Mortgage Corp. and Deutsche Bank National Trust Company is granted in part. The order previously entered in this matter denying the Petition for Interlocutory Appeal is withdrawn. The Petition for Interlocutory Appeal is granted in part and the injunction issued on July 13, 2007, is hereby dissolved. This matter is remanded to the chancery court for further proceedings consistent with this order. All costs of this appeal are assessed to the respondent. To Grant Rehearing and Dissolve the Injunction: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Randolph, J., for the Court. Order entered.

Chase Manhattan Mortgage Corp. a/k/a Chase Home Finance, LLC and Deutsche Bank National Trust Company v. Tricia S. Hopson; Coahoma Chancery Court; LC Case #: 2007-532; Ruling Date: 06/02/2008; Ruling Judge: William Willard, Jr.; Disposition: Combined Motion and Brief in Support of Defendants' Motion for Rehearing on Petition for Interlocutory Appeal filed by Chase Manhattan Mortgage Corp. and Deutsche Bank National Trust Company is granted in part. The order previously entered in this matter denying the Petition for Interlocutory Appeal is withdrawn. The Petition for Interlocutory Appeal is granted in part and the injunction issued on July 13, 2007, is hereby dissolved. This matter is remanded to the chancery court for further proceedings consistent with this order. All costs of this appeal are assessed to the respondent. To Grant Rehearing and Dissolve the Injunction: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Randolph, J., for the Court. Order entered.