04/20/2023 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael, J.
X  2021-IA-01283-SCT

Franklin County Memorial Hospital v. Sabrina Fairman; Franklin Circuit Court; LC Case #: 21-CV-0007; Ruling Date: 11/01/2021; Ruling Judge: Debra Blackwell; Majority Opinion: Ishee, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ., Concur.

Dr. Benjamin Rush v. Rush Health Systems, Inc., Physician Services, LLC, Medical Foundation, Inc. and Rush Medical Foundation d/b/a Rush Foundation Hospital; Lauderdale Circuit Court; LC Case #: 18-CV-019W; Ruling Date: 07/08/2021; Ruling Judge: Richard McKenzie; Majority Opinion: Beam, J. Disposition: Dismissed without Prejudice and Remanded. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur.

Troy Anthony Eaton v. State of Mississippi; Tippah Circuit Court; LC Case #: TK2019-133; Ruling Date: 10/08/2021; Ruling Judge: John Luther; Majority Opinion: Randolph, C.J. Disposition: Affirmed. Tippah County taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

In Re: Mississippi Rules of Criminal Procedure; Disposition: Motion to Amend MRCrP 5 and 8 filed by The Mississippi Bail Agents Association, a Mississippi Nonprofit Corporation, and Victims on Call Against Lawlessness, A Mississippi Nonprofit Corporation, is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Disagree with Separate Written Statement: Griffis, J. Order entered 4/18/23.

In Re: Mississippi Rules of Criminal Procedure; Disposition: On the en banc Court's own motion, the Mississippi Rules of Criminal Procedure are amended in accordance with Exhibit A. Such amendments shall take effect on July 1, 2023. The Clerk of this Court shall spread this order upon the minutes of the Court and provide a certified copy to West Publishing Corporation for publication in the advance sheets of Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court. All Justices Agree. Order entered 4/13/23.

Dr. Benjamin Rush v. Rush Health Systems, Inc., Physician Services, LLC, Medical Foundation, Inc. and Rush Medical Foundation d/b/a Rush Foundation Hospital; Lauderdale Circuit Court; LC Case #: 18-CV-019W; Ruling Date: 07/08/2021; Ruling Judge: Richard McKenzie; Disposition: Motion to Supplement the Record and Motion to File Exhibits Under Seal are denied. See opinion of this Court handed down this date.

Howard Industries, Inc. v. Selina Hayes; Mississippi Workers' Compensation Commission; LC Case #: 15 03857-P-0960-D; Ruling Date: 05/19/2021; Consolidated with 2021-CT-00695-SCT Howard Industries, Inc. v. Selina Hayes; Mississippi Workers' Compensation Commission; LC Case #: 07 07775-M-6861-D; Ruling Date: 05/19/2021; ; Disposition: Petition for Writ of Certiorari filed by Howard Industries, Inc., is granted. To Grant: Maxwell, Beam, Chamberlin and Griffis, JJ. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman and Ishee, JJ. Order entered 4/14/23.

Loblolly Properties LLC v. Le Papillon Homeowner's Association Inc.; Lamar Chancery Court; LC Case #: 37CH1:19-cv-00446-SM; Ruling Date: 06/24/2021; Ruling Judge: Sheila Smallwood; Disposition: Loblolly Properties LLC's Petition for Writ of Certiorari is granted. To Grant: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Randolph, C.J. Order entered 4/12/23.

WBL SPO I, LLC v. West Town Bank & Trust; Jackson Circuit Court; LC Case #: 30CI1:20-cv-00048-RK; Ruling Date: 06/15/2021; Ruling Judge: Robert Krebs; Majority Opinion: Maxwell, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Affirmed. On Direct Appeal: WBL SPO I, LLC taxed with costs. On Cross-Appeal: West Town Bank & Trust taxed with costs. Votes: Coleman, Beam, Ishee and Griffis, JJ., Concur. Kitchens, P.J., Concurs in Result Only With Separate Written Opinion Joined by Randolph, C.J., King, P.J., and Chamberlin, J. Concur in Result Only Opinion: Kitchens, P.J. Votes: Randolph, C.J., King, P.J., and Chamberlin, J., Join This Opinion.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: En banc order directing the disbursement of $189,074.60 in civil legal assistance funds among the MS Center for Legal Services, MS Volunteer Lawyers Project, and North MS Rural Legal Services. Order entered 4/18/23.