04/15/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2008-CA-00977-SCT

Carla Utz, Individually and on Behalf of All Wrongful Death Beneficiaries and the Estate of Preston Jimmy Utz, Deceased v. Running & Rolling Trucking, Inc. and Anthony Q. Hunter; Bolivar Circuit Court 2nd District; LC Case #: 2005-0008; Ruling Date: 04/11/2008; Ruling Judge: Charles Webster; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens and Pierce, JJ., Concur. Waller, C.J., and Dickinson, J., not participating.

Adams Community Care Center, LLC d/b/a Adams County Nursing Center, Adams County Nursing Center, Magnolia Management Corporation d/b/a Magnolia Ancillary Services, Inc., Comm-Care Mississippi d/b/a Adams Comm-Care, LLC and Edward E. Crow, Administrator v. Sheila Reed, as Personal Representative and Conservator of Annie Reed; Adams Circuit Court; LC Case #: 05-KV-0246; Ruling Date: 12/22/2008; Ruling Judge: Lillie Sanders; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only Without Separate Written Opinion.

Gulf South Pipeline Company, LP v. Blanche Marie Downey Pitre; Warren Special Court of Eminent Domain; LC Case #: 06,0689-CO; Ruling Date: 06/26/2007; Ruling Judge: John Price, Jr.; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., Joins This Opinion.

Thomas Edwin Loden, Jr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR00-068; Ruling Date: 09/21/2001; Ruling Judge: Thomas Gardner, III; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by petitioner is denied. See Opinion of this Court handed down this date.

Thomas Edwin Loden, Jr. v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR00-068; Ruling Date: 09/21/2001; Ruling Judge: Thomas Gardner, III; Majority Opinion: Randolph, J. Disposition: Post-Conviction Relief Denied. Itawamba County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

James Robert Delker v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 586-06; Ruling Date: 09/19/2007; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by James Robert Delker is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Randolph, J. Order entered.

City of Jackson, Mississippi, and Miranda Morton v. Lynda Key Presley; Hinds Circuit Court 1st District; LC Case #: 251-99-465-CIV; Ruling Date: 12/18/2007; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by the City of Jackson, Mississippi, is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Chandler and Pierce, JJ. To Deny: Randolph and Kitchens, JJ. Order entered.

Curley Camp, Howard Camp and Marty Tate d/b/a Tate Logging v. Clint Stokes; Monroe Chancery Court; LC Case #: CV2007-000458-JEM; Ruling Date: 05/20/2008; Ruling Judge: Jacqueline Mask; Disposition: Petition for writ of certiorari filed by counsel for Curley Camp, et al., is granted. To Grant: All Justices. Order entered.

Steven Eason v. Christopher Epps, Alicia Box and Ronald King; Greene Circuit Court; LC Case #: 2008-06-089(1); Ruling Date: 07/17/2008; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by Steven Eason is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Dickinson and Kitchens, JJ. Order entered.

State of Mississippi v. Bayer Corporation, Bayer Pharmaceuticals Corporation and Bayer Healthcare, LLC; Hinds Chancery Court 1st District; LC Case #: G-2005-2021S/2; Ruling Date: 08/29/2008; Ruling Judge: William Singletary; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Waller, C.J., Concurs in Part and in Result With Separate Written Opinion Joined by Dickinson, J. Concurring in Part and in Result Opinion: Waller, C.J. Votes: Dickinson, J., Joins This Opinion.

Dialysis Solution, LLC v. Mississippi State Department of Health, Dr. Mary Currier, In her Capacity as the Executive Director of the Department of Health; State of Mississippi and RCG-Montgomery County, LLC; Hinds Chancery Court 1st District; LC Case #: G2007-1990; Ruling Date: 12/08/2008; Ruling Judge: J. Thomas; Disposition: Motion for rehearing filed by appellee, RCG-Montgomery County, LLC, is denied.

Willie L. Williams, Jr. v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2007-0089-K; Ruling Date: 11/17/2008; Ruling Judge: Richard Smith; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Sunflower County taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Lamar, Chandler and Pierce, JJ., Concur. Carlson, P.J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., Dickinson, Randolph, Lamar and Pierce, JJ. Specially Concurring Opinion: Carlson, P.J. Votes: Waller, C.J., Dickinson, Randolph, Lamar and Pierce, JJ., Join This Opinion.