03/22/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2011-CA-00328-SCT

Wayne County School District v. Ernestine Worsham, Individually and on Behalf of Ze'Metrice Denison, a Minor; Wayne Circuit Court; LC Case #: CV-2009-26-W; Ruling Date: 02/17/2011; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ., Concur.

W. C. Fore d/b/a W. C. Fore Trucking, Inc. v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission, Mississippi Department of Environmental Quality and Mississippi Commission on Environmental Quality; Harrison Chancery Court 1st District; LC Case #: C2401-09-00748-1; Ruling Date: 11/22/2010; Ruling Judge: Eugene Fair, Jr.; Majority Opinion: Carlson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Dickinson, P.J., not participating.

Charles Timothy West, West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company and West Investments, LLC v. Deborah Gayle Thornton West; Jones Chancery Court 1st District; LC Case #: 94-0191E; Ruling Date: 05/08/2008; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2010-CA-00316-SCT Deborah Gayle Thornton West v. Charles Timothy West, West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company, KT of Baton Rouge and West Investments, LLC; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 02/09/2010; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2009-CA-01877-SCT Deborah Gayle Thornton West v. West Quality Food Services, Inc., Coastal Express, Inc., West Leasing Company, West Brothers Leasing Company, West Family Leasing Company and West Investments, LLC; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 10/20/2009; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2002-IA-01158-SCT Deborah Gayle Thornton West v. Charles Timothy West; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 07/08/2002; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Dickinson, P.J. Disposition: As to 2008-CA-01700-SCT: On Direct Appeal: Affirmed in Part; Reversed in Part and Remanded. On Cross-Appeal: Affirmed in Part; Reversed in Part and Remanded. As to 2009-CA-01877-SCT: Affirmed. As to 2010-CA-00316-SCT: Reversed and Remanded. Appellants and Appellee taxed with costs of appeal. Votes: Carlson, P.J., Lamar, Pierce and King, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Waller, C.J., and Chandler, J. Randolph, J., not participating. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Waller, C.J., and Chandler, J., Join This Opinion.

Trustmark National Bank d/b/a Credit Card Center v. Roxco Ltd.; Hinds Circuit Court 1st District; LC Case #: 251-02-481CIV; Ruling Date: 02/02/2009; Ruling Judge: Tomie Green; Disposition: Motion for rehearing filed by Roxco Ltd., is denied. Pierce, J., not participating. Opinion modified at paragraphs 1 and 7.

Albert Kea v. Lisa Keys and State Farm Insurance Companies; Simpson Circuit Court; LC Case #: 2006-250; Ruling Date: 01/15/2010; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by counsel for Albert Kea is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J. Order entered.

Michael Robichaux, as the personal representative of Mary Robichaux, deceased, and Michael Robichaux, Individually v. Nationwide Mutual Fire Insurance Company and Jay Fletcher Insurance; Jackson Circuit Court; LC Case #: 2006-00,303(1); Ruling Date: 09/30/2009; Ruling Judge: Billy Bridges; Disposition: Motion for rehearing filed by Michael Robichaux is denied.

Michael Robichaux, as the personal representative of Mary Robichaux, deceased, and Michael Robichaux, Individually v. Nationwide Mutual Fire Insurance Company and Jay Fletcher Insurance; Jackson Circuit Court; LC Case #: 2006-00,303(1); Ruling Date: 09/30/2009; Ruling Judge: Billy Bridges; Disposition: Motion for rehearing filed by Nationwide Mutual Fire Insurance Company is denied.

Harry Baker Smith Architects II, PLLC v. Sea Breeze I, LLC and Roy Anderson Corporation; Harrison Chancery Court 2nd District; LC Case #: C2402-09-764(3); Ruling Date: 03/31/2010; Ruling Judge: James Persons; Disposition: Petition for writ of certiorari filed by Harry Baker Smith Architects II, PLLC, is denied. To Deny: All Justices. Order entered.

George Wesley Devereaux v. State of Mississippi; Tate Circuit Court; LC Case #: CR-2009-157-BT; Ruling Date: 04/21/2010; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by the State of Mississippi, Office of the Attorney General, was granted by order of this Court on January 19, 2012 in order to carefully review the issues and the record in this matter. Having done so, the Court now finds that there is no need for further review, and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Kitchens and King, JJ., not participating. Dickinson, P.J., for the Court. Order entered.

Joseph Patrick Brown v. State of Mississippi; Adams Circuit Court; LC Case #: 04-KV-0020-P; Ruling Date: 11/20/2009; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar and Pierce, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Chandler, J. Kitchens, J., Dissents With Separate Written Opinion Joined by King, J. Dickinson, P.J., Joins In Part. Dissenting Opinion: Dickinson, P.J. Votes: Chandler, J., Joins This Opinion. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion. Dickinson, P.J., Joins This Opinion in Part.

Wayne County School District v. Ernestine Worsham, Individually and on Behalf of Ze'Metrice Denison, a Minor; Wayne Circuit Court; LC Case #: CV-2009-26-W; Ruling Date: 02/17/2011; Ruling Judge: Lester Williamson, Jr.; Disposition: Motion to Strike Extra-Record Citations From the Brief of Appellee is denied. Order entered.

Larry Matthew Puckett v. State of Mississippi; Forrest Circuit Court; LC Case #: 18729; Ruling Date: 08/07/1996; Ruling Judge: Richard McKenzie; Disposition: The pro se motion for leave to file a successive petition for post-conviction relief is dismissed. Agreed: All Justices. Order entered.