04/21/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2014-IA-01820-SCT

Pekin Insurance Company v. Marsha R. Hinton and Thomas F. Hinton, Individually and, as the Wrongful Death Beneficiaries of Timothy R. Hinton, Deceased; Jones Circuit Court 2nd District; LC Case #: 2013-112-CV10; Ruling Date: 12/10/2014; Ruling Judge: Billy Landrum; Majority Opinion: Maxwell, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, King, Coleman and Beam, JJ., Concur. Dickinson, P.J., and Kitchens, J., not participating.

Peter Barrett and Fay Barrett v. City of Gulfport, Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-09-38; Ruling Date: 02/10/2015; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

Steven Hall v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2002-0561CRD; Ruling Date: 05/06/2005; Ruling Judge: Robert Chamberlin; Disposition: Steven Hall's Application for Leave to Proceed in the Trial Court is dismissed in part and denied in part. To Dismiss in Part and Deny in Part: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman, Maxwell and Beam, JJ. To Grant: Kitchens and King, JJ. Order entered.

High Sierra Tax Sale Properties, LLC and GJ Tax Sale Properties, LLC v. Robert M. Daley and Jeremia R. Daley; Jackson Chancery Court; LC Case #: 2012-1026-NH; Ruling Date: 01/08/2014; Ruling Judge: D. Harris, Sr.; Disposition: The Petition for Writ of Certiorari filed by High Sierra Tax Sale Properties, LLC, and GJ Tax Sale Properties, LLC, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Margaret Byrd v. Kenneth Stubbs, M.D.; Adams Circuit Court; LC Case #: 06-KV-0025-J; Ruling Date: 11/22/2013; Ruling Judge: Forrest Johnson, Jr.; Disposition: The Petition for Writ of Certiorari filed by Margaret Byrd is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman and Beam, JJ. To Grant: Kitchens and King, JJ. Not Participating: Maxwell, J. Order entered.

In The Matter of the Last Will and Testament and Estate of Frances B. Holmes, Deceased: James Brett Holmes v. Becky Turner; Hinds Chancery Court 1st District; LC Case #: P-2011-517-T/1; Ruling Date: 05/20/2014; Ruling Judge: J. Thomas; Disposition: The Petition for Writ of Certiorari filed by James Brett Holmes is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Michael Ducksworth v. State of Mississippi; Forrest Circuit Court; LC Case #: HC13-0001; Ruling Date: 03/26/2013; Ruling Judge: Robert Helfrich; Disposition: The Petition for Writ of Certiorari filed pro se by Michael Ducksworth is dismissed. Order entered.

Michael Leroy Knight a/k/a Leroy Michael Knight a/k/a Michael Mosemak a/k/a Leroy M. Knight a/k/a Michael L. Knight a/k/a Michael Knight a/k/a Mike Knight a/k/a L. Michael Knight v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2013-103; Ruling Date: 04/16/2014; Ruling Judge: Lisa Dodson; Disposition: The Petition for Writ of Certiorari filed by Michael Leroy Knight, pro se, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

William Dewayne Savell a/k/a Dewayne Savell v. State of Mississippi; Neshoba Circuit Court; LC Case #: 14-CV-0177-NS-G; Ruling Date: 08/06/2014; Ruling Judge: Marcus Gordon; Disposition: The Petition for Writ of Certiorari filed by William Dewayne Savell is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Coleman and Beam, JJ. Dickinson, P.J., Agrees with Separate Written Statement Joined by Kitchens and King, JJ. Not Participating: Maxwell, J. Order and Separate Written Statement entered.

In the Interest of: J.T., a Minor, D. T. and M. T. v. Hinds County Youth Court; Hinds Youth Court 1st District; LC Case #: 25-YC-2014-P-964-1(268350; Ruling Date: 12/30/2014; Ruling Judge: William Skinner, II; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Lamar, Kitchens, King and Coleman, JJ., Concur. Maxwell, J., Concurs in Part and in Result without Separate Written Opinion. Beam, J., Concurs in Part and in Result with Separate Written Opinion Joined by Randolph, P.J.; Waller, C.J., and Maxwell, J., Join in Part. Concurring in Part and in Result Opinion: Beam, J. Votes: Randolph, P.J., Joins This Opinion. Waller, C.J., and Maxwell, J., Join This Opinion in Part.

Hyundai Motor America and Hyundai Motor Company v. Joyce D. Hutton and Derek Bell; Bolivar Circuit Court 2nd District; LC Case #: 2006-0053; Ruling Date: 11/03/2014; Ruling Judge: Johnnie Walls, Jr.; Disposition: The Court finds that Lesley Loree Spence is in contempt of court for her failure to file her portion of the transcript in this appeal and for her failure to comply with M.R.A.P. 11. The Court directs Ms. Spence to file her portion of the transcript in this appeal by April 29, 2016. The Court finds that Ms. Spence should be sanctioned in the amount of Five Hundred Dollars ($500.00), to be paid unto the Clerk of this Court within thirty days of the entry of this order. The Court refers this matter to the Board of Certified Court Reporters so that it may engage in such investigation and take such disciplinary action as it deems appropriate. The Clerk of the Court shall provide copies of this order to Lesley Loree Spence and the attorneys of record. Order entered on 4/14/16.

Hyundai Motor America and Hyundai Motor Company v. Joyce D. Hutton and Derek Bell; Bolivar Circuit Court 2nd District; LC Case #: 2006-0053; Ruling Date: 11/03/2014; Ruling Judge: Johnnie Walls, Jr.; Disposition: The Court finds that Lesley Loree Spence is in contempt of court for her failure to file her portion of the transcript in this appeal and for her failure to comply with M.R.A.P. 11. The Court directs Ms. Spence to file her portion of the transcript in this appeal by April 29, 2016. The Court finds that Ms. Spence should be sanctioned in the amount of Five Hundred Dollars ($500.00), to be paid unto the Clerk of this Court within thirty days of the entry of this order. The Court refers this matter to the Board of Certified Court Reporters so that it may engage in such investigation and take such disciplinary action as it deems appropriate. The Clerk of the Court shall provide copies of this order to Lesley Loree Spence and the attorneys of record. Order entered on 4/14/16.

Hyundai Motor America and Hyundai Motor Company v. Joyce D. Hutton and Derek Bell; Bolivar Circuit Court 2nd District; LC Case #: 2006-0053; Ruling Date: 11/03/2014; Ruling Judge: Johnnie Walls, Jr.; Disposition: The Court finds that Barbara L. Crawford should be sanctioned in the amount of Two Hundred Dollars ($200.00), to be paid unto the Clerk of this Court within thirty days of the entry of this order. The Clerk of the Court shall provide copies of this order to Barbara L. Crawford and the attorneys of record. Order entered on 4/14/16.