03/30/2017 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
X  2016-IA-00031-SCT

Cleveland Smith v. Kansas City Southern Railway Company; Lowndes Circuit Court; LC Case #: 2015-0034-CV1K; Ruling Date: 12/18/2015; Ruling Judge: James Kitchens, Jr.; Majority Opinion: King, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

In the Matter of the Estate of Joe Howard Estes, Deceased: Greg Estes and Jeff Estes v. Sarah Estes; Lee Chancery Court; LC Case #: 07-0694; Ruling Date: 08/31/2011; Ruling Judge: C. Malski; Consolidated with 2014-CT-01533-SCT Greg Estes and Jeff Estes, Co-Executors of the Estate of Joe Howard Estes, Deceased v. Sarah Young Estes; Lee Chancery Court; LC Case #: CV2007-000694-41; Ruling Date: 09/25/2014; Ruling Judge: C. Malski; Disposition: The Petition for Writ of Certiorari filed by Sarah Young Estes is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Coleman, Beam and Chamberlin, JJ. To Deny: Randolph, P.J., and King, J. Not Participating: Maxwell, J. Order entered.

Mississippi Department of Audit, Stacey Pickering, Jim Hood, Chris Lott, David Huggins, Melissa C. Patterson, Joseph A. Runnels, Jr., Sandra R. Chestnut and Harold E. Pizzetta, III v. Gulf Publishing Company, Inc.; Harrison Chancery Court 2nd District; LC Case #: 24CH213-cv-00032; Ruling Date: 11/04/2013; Ruling Judge: Jennifer Schloegel; Consolidated with 2014-CT-00894-SCT Melissa C. Patterson, Stacey Pickering, Individually, David Huggins, Individually, Chris Lott, Individually, Mississippi Department of Audit, Stacey Pickering in his official capacity as State Auditor for the State of Mississippi, Harold E. Pizzetta, III, Mississippi Department of Marine Resources, Joseph A. Runnels, Jr., Sandra R. Chesnut and Jim Hood v. Gulf Publishing Company, Inc.; Harrison Chancery Court 2nd District; LC Case #: 24CHH2:13-CV-00032; Ruling Date: 05/27/2014; Ruling Judge: Jennifer Schloegel; Disposition: On the Court's own motion, the parties shall file their simultaneous supplemental briefs within sixty days of the entry of this order. Kitchens and Maxwell, JJ., not participating. Order entered.

William Michael Jordan a/k/a Booty v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 456-12; Ruling Date: 04/14/2014; Ruling Judge: Robert Bailey; Disposition: The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, King and Coleman, JJ., would grant. Maxwell, J., not participating.

Ellis Turnage v. Ellis Christopher Brooks, a Minor, and Alex Jarrett Brooks, a Minor, by Mary Brooks, Mother and Adult Next Friend; Bolivar Chancery Court 2nd District; LC Case #: 2009-0422; Ruling Date: 06/04/2014; Ruling Judge: Edward Prisock; Disposition: Ellis Turnage's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Kitchens, J. Order entered.

Greg Estes and Jeff Estes, Co-Executors of the Estate of Joe Howard Estes, Deceased v. Sarah Young Estes; Lee Chancery Court; LC Case #: CV2007-000694-41; Ruling Date: 09/25/2014; Ruling Judge: C. Malski; Consolidated with 2011-CT-01451-SCT In the Matter of the Estate of Joe Howard Estes, Deceased: Greg Estes and Jeff Estes v. Sarah Estes; Lee Chancery Court; LC Case #: 07-0694; Ruling Date: 08/31/2011; Ruling Judge: C. Malski; Disposition: The Petition for Writ of Certiorari filed by Sarah Young Estes is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Coleman, Beam and Chamberlin, JJ. To Deny: Randolph, P.J., and King, J. Not Participating: Maxwell, J. Order entered.

Cynthia Kuljis v. Winn-Dixie Montgomery, LLC; Harrison Chancery Court 2nd District; LC Case #: 24CH2:14-cv-00459; Ruling Date: 02/06/2015; Ruling Judge: Carter Bise; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, P.J., Maxwell, Beam and Chamberlin, JJ., Concur. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Kitchens, King and Coleman, JJ. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens, King and Coleman, JJ., Join This Opinion.

Patrick Fluker a/k/a Patrick Dantre Fluker a/k/a Patrick D. Fluker v. State of Mississippi, Mississippi Parole Board; Forrest Circuit Court; LC Case #: HC14-0013; Ruling Date: 05/04/2015; Ruling Judge: Robert Helfrich; Disposition: The mandate issued on January 31, 2017, shall be recalled and the Petition for Writ of Certiorari filed by Patrick Fluker, pro se, shall be considered on its merits. The Petition for Writ of Certiorari filed by Patrick Fluker, pro se, is denied. To Deny: All Justices. Order entered.

Patrick Fluker a/k/a Patrick Dantre Fluker a/k/a Patrick D. Fluker v. State of Mississippi, Mississippi Parole Board; Forrest Circuit Court; LC Case #: HC14-0013; Ruling Date: 05/04/2015; Ruling Judge: Robert Helfrich; Disposition: The mandate issued on January 31, 2017, shall be recalled and the Petition for Writ of Certiorari filed by Patrick Fluker, pro se, shall be considered on its merits. The Petition for Writ of Certiorari filed by Patrick Fluker, pro se, is denied. To Deny: All Justices. Order entered.

Vincent N. Creppel a/k/a Vincent Nicholas Creppel a/k/a Vincent Creppel v. State of Mississippi; Jackson Circuit Court; LC Case #: 2015-00,094(2)(1); Ruling Date: 07/06/2015; Ruling Judge: Robert Krebs; Disposition: The Petition for Writ of Certiorari filed by Vincent N. Creppel is denied. All Justices Agree. Order entered.

Baptist Memorial Hospital-Desoto, Inc. d/b/a Baptist Memorial Hospital-Desoto v. Mississippi State Department of Health and Methodist Healthcare-Olive Branch Hospital; Hinds Chancery Court 1st District; LC Case #: G2015-749O/3; Ruling Date: 08/28/2015; Ruling Judge: Denise Owens; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Beam and Chamberlin, JJ., Concur.

Herman Grant Co., Inc. v. Jo Ann Washington, Administrator of the Estate of Carl W. Washington, Jo Ann Washington, Individually and Derrick Frontrell Jones and James R. "Rusty" Bradford; Jasper Circuit Court 1st District; LC Case #: 114-0077; Ruling Date: 03/08/2016; Ruling Judge: Eddie Bowen; Majority Opinion: King, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur. Randolph, P.J., not participating.

Buffalo Services, INC. d/b/a B-Kwik Food Mart, Buffalo Services, Inc., Clifton Van Cleave and Lane McCarty v. Brander Smith; Wilkinson Circuit Court; LC Case #: 2016-0003; Ruling Date: 11/30/2016; Ruling Judge: Lillie Sanders; Disposition: The Petition for Interlocutory Appeal filed by Buffalo Services, Inc. d/b/a B-Kwik Food Mart; Buffalo Services, Inc., Clifton Van Cleave and Lane McCarty is granted. The Order of the Wilkinson County Circuit Court, Civil Action No. 2016-0003, dated November 28, 2016, which denied the Petitioners' summary judgment, is reversed and a judgment is rendered in favor of the Petitioners, dismissing all claims against them. The notice of appeal having been deemed filed, the filing fee is due and payable to the Clerk of this Court. Respondent, Brander Smith, is taxed with all costs of this appeal. To Agree: Dickinson and Randolph, P.JJ., Maxwell, Beam and Chamberlin, JJ. Coleman, J., Agrees in Part without separate written statement. King, J., Objects to the Order with Separate Written Statement Joined by Waller, C.J., and Kitchens, J.; Coleman, J., Joins in Part. Maxwell, J., for the Court. Order entered.