04/28/2011 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2009-CA-01197-SCT

James K. Littleton v. Carolyn McAdams; Leflore Chancery Court; LC Case #: G09-0110; Ruling Date: 08/26/2009; Ruling Judge: Joseph Webster; Majority Opinion: Dickinson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 11 of the Mississippi Rules of Appellate Procedure is hereby amended as set forth in Exhibit "A" hereto. This amendment is effective July 1, 2011. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). To Approve: All Justices. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 10 of the Mississippi Rules of Appellate Procedure is hereby amended as set forth in Exhibit "A" hereto. This amendment is effective July 1, 2011. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). To Approve: All Justices. Order entered.

The Mississippi Bar v. Paul S. Minor; Disposition: Motion for rehearing filed by Paul Minor is denied. Kitchens and King, JJ., not participating.

Clark Sand Company, Inc., Clemco Industries Corporation, Pangborn Corporation, P. K. Lindsay Company, Southern Silica of Louisiana, Inc., Mississippi Valley Silica Company, Inc., and Pulmosan Safety Equipment Corporation v. Ruby C. Kelly a/k/a Ruby Kelley, Executrix of the Estate of David C. Bozeman, Deceased and on Behalf of all Wrongful Death Beneficiaries of David C. Bozeman, Deceased; Warren Circuit Court; LC Case #: 07,0076-CI; Ruling Date: 08/11/2008; Ruling Judge: Isadore Patrick, Jr.; Disposition: Motion for rehearing filed by the appellee is granted. The previous opinions are withdrawn, and these opinions are substituted therefor. Affirmed in Part, Reversed in Part and Remanded. King, J., not participating.

Clark Sand Company, Inc., Clemco Industries Corporation, Pangborn Corporation, P. K. Lindsay Company, Southern Silica of Louisiana, Inc., Mississippi Valley Silica Company, Inc., and Pulmosan Safety Equipment Corporation v. Ruby C. Kelly a/k/a Ruby Kelley, Executrix of the Estate of David C. Bozeman, Deceased and on Behalf of all Wrongful Death Beneficiaries of David C. Bozeman, Deceased; Warren Circuit Court; LC Case #: 07,0076-CI; Ruling Date: 08/11/2008; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Waller, C.J. Disposition: The motion for rehearing filed by the appellee is granted. The previous opinions are withdrawn, and these opinions are substituted therefor. Affirmed in Part, Reversed in Part and Remanded. Appellants and Appellee taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar and Pierce, JJ., Concur. Dickinson, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined In Part by Dickinson, P.J., and Chandler, J. King, J., not participating. Concurring in Part and Dissenting in Part Opinion: Dickinson, P.J. Votes: Kitchens and Chandler, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Dickinson, P.J., and Chandler, J., Join This Opinion in Part.

Laura Carpenter v. Tangela Berry, Ricky Banks and the Guardianship of Ryheim Banks; Adams Chancery Court; LC Case #: 2005-432; Ruling Date: 06/30/2009; Ruling Judge: Kennie Middleton; Disposition: Motion for rehearing filed by Laura Carpenter is denied. Waller, C.J., Carlson and Dickinson, P.JJ., and Lamar, J., would grant. Pierce, J., not participating.

Mississippi Commission on Judicial Performance v. Ralph Boone; LC Case #: 2009-108; Ruling Date: 07/02/2010; Ruling Judge: H. Clark, II; Disposition: Motion to Expedite Decision filed by the Mississippi Commission on Judicial Performance is dismissed as moot. Order entered.

Mississippi Commission on Judicial Performance v. Ralph Boone; LC Case #: 2009-108; Ruling Date: 07/02/2010; Ruling Judge: H. Clark, II; Majority Opinion: Carlson, P.J. Disposition: Lincoln County Justice Court Judge Ralph Boone shall be suspended from office for a period of ninety (90) days without pay, effective on the date of issuance of this Court's mandate; publicly reprimanded; and assessed costs of $1,907.05. The public reprimand shall be read in open court by the presiding judge of the Lincoln County Circuit Court on the first day of the next term of that court in which a jury venire is present after the issuance of this Court's mandate, with Judge Boone in attendance. Justice Court Judge Ralph Boone taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.