03/29/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Chamberlin, Robert P., J.
X  2016-IA-01356-SCT

Tommy Brooks Oil Company, a Mississippi Corporation v. Jerry Wilburn and Wilburn Oil Company, Inc.; Lee Circuit Court; LC Case #: CV14-055(P)L&CV14-068(P)L; Ruling Date: 08/22/2016; Ruling Judge: James Pounds; Consolidated with 2016-CA-01400-SCT Tommy Brooks Oil Company v. Jerry Wilburn; Lee Circuit Court; LC Case #: CV14-055(P)L&CV14-068(P)L; Ruling Date: 08/22/2016; Ruling Judge: James Pounds; Majority Opinion: Chamberlin, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Beam and Ishee, JJ., Concur. Maxwell, J., not participating.

Joel Jones a/k/a Joel Dudley Jones a/k/a "Blue" v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2012-0471-CR1K; Ruling Date: 08/25/2014; Ruling Judge: James Kitchens, Jr.; Disposition: The Petition for Writ of Certiorari filed by counsel for Joel Jones is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Beam and Chamberlin, JJ. To Grant: Kitchens, P.J., King and Coleman, JJ. Not Participating: Ishee, J. Order entered.

Robert W. DeYarmett a/k/a Robert Wayne DeYarmett a/k/a Robert DeYarmett a/k/a Robert DeYmarett v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-11-240; Ruling Date: 08/20/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Robert W. DeYarmett's Application for Leave to Proceed in the Trial Court for Post-Conviction Collateral Relief is dismissed. DeYarmett is hereby warned that he may be sanctioned for any future filing deemed frivolous. DeYarmett's motions to amend are denied. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Chamberlin, JJ. Disagree: Kitchens, P.J., King, Beam and Ishee, JJ. Order entered.

Robert W. DeYarmett a/k/a Robert Wayne DeYarmett a/k/a Robert DeYarmett a/k/a Robert DeYmarett v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-11-240; Ruling Date: 08/20/2012; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Robert W. DeYarmett's Application for Leave to Proceed in the Trial Court for Post-Conviction Collateral Relief is dismissed. DeYarmett is hereby warned that he may be sanctioned for any future filing deemed frivolous. DeYarmett's motions to amend are denied. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Chamberlin, JJ. Disagree: Kitchens, P.J., King, Beam and Ishee, JJ. Order entered.

Johnson & Johnson, Inc. and Ortho-McNeil-Janssen Pharmaceuticals, Inc. v. Brenda Fortenberry, as the Conservator of the Estate of Person of Louise Taylor; Copiah Circuit Court; LC Case #: 2002-0389; Ruling Date: 01/27/2015; Ruling Judge: Lamar Pickard; Disposition: The Motion to Clarify Mandate or in the Alternative Motion to Retax Costs filed by Johnson & Johnson, Inc. and Ortho-McNeil-Janssen Pharmaceuticals, Inc., is granted. The mandate issued on February 8, 2018, is hereby recalled. All costs of the appeal are taxed to Brenda Fortenberry as the Conservator of the Estate of the Person of Louise Taylor, the appellee/cross-appellant. The Clerk of the Court shall promptly issue a new mandate which provides in pertinent part: All costs of the appeal are taxed to Brenda Fortenberry, as the Conservator of the Estate of the Person of Louise Taylor, the appellee/cross-appellant. King, J., Disagrees. Order entered.

John Gale a/k/a Nookie v. State of Mississippi; Winston Circuit Court; LC Case #: 2015-055-CR; Ruling Date: 05/04/2016; Ruling Judge: Joseph Loper, Jr.; Disposition: John Gale's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Garrett Eugene Ray a/k/a Garrett E. Ray a/k/a Garrett Ray v. State of Mississippi; Stone Circuit Court; LC Case #: B6601-2013-84; Ruling Date: 09/21/2016; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The Motion for Rehearing filed by Appellant is denied.

Kobe Jones v. Rebel Rags, LLC; Lafayette Circuit Court; LC Case #: L17-244; Ruling Date: 10/19/2017; Ruling Judge: John Gregory; Disposition: The Petition of Defendant Kobe Jones for Permission to Appeal Interlocutory Order Denying Motion to Sever and Transfer Venue and for Stay of Proceedings in Circuit Court is denied. To Deny: Randolph and Kitchens, P.JJ., Coleman, Beam, Chamberlin and Ishee, JJ. Waller, C.J., Objects to the Order with Separate Written Statement Joined by King, J. Maxwell, J., Not Participating. Order entered.

Kobe Jones v. Rebel Rags, LLC; Lafayette Circuit Court; LC Case #: L17-244; Ruling Date: 10/19/2017; Ruling Judge: John Gregory; Disposition: Respondent/Plaintiff Rebel Rags, LLC's Motion to Strike Letter Filed by Petitioner Kobe Jones on February 26, 2018, is granted. The letter and its accompanying exhibits shall be struck. To Grant: Waller, C.J., Randolph and Kitchens, P.JJ., Coleman, Beam, Chamberlin and Ishee, JJ. To Deny: King, J. Not Participating: Maxwell, J. Order entered.

Leo Lewis v. Rebel Rags, LLC; Lafayette Circuit Court; LC Case #: L17-244; Ruling Date: 10/19/2017; Ruling Judge: John Luther; Disposition: The Petition of Leo Lewis for Permission to Appeal from Interlocutory Order is denied. To Deny: Randolph and Kitchens, P.JJ., Coleman, Beam, Chamberlin and Ishee, JJ. Waller, C.J., Objects to the Order with Separate Written Statement Joined by King, J. Maxwell, J. Not Participating. Order entered.

Leo Lewis v. Rebel Rags, LLC; Lafayette Circuit Court; LC Case #: L17-244; Ruling Date: 10/19/2017; Ruling Judge: John Luther; Disposition: Respondent/Plaintiff Rebel Rags, LLC's Motion to Strike Letter Filed by Petitioner Leo Lewis on February 27, 2018, is granted. The letter and its accompanying exhibits shall be struck. To Grant: Waller, C.J., Randolph and Kitchens, P.JJ., Coleman, Beam, Chamberlin and Ishee, JJ. To Deny: King, J. Not Participating: Maxwell, J. Order entered.