04/29/2010 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99025-SCT

In Re: Uniform Rules of Circuit and County Court Practice; Disposition: Petition for Adoption of Rules Regarding Garnishment Procedure filed by the Mississippi Center for Legal Services Corporation, North Mississippi Rural Legal Services and Mississippi Center for Justice is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Graves, P.J., and Dickinson, J. Order entered.

George E. Trim v. Lisa Mosley Trim; Hinds Chancery Court 1st District; LC Case #: G2000-684R/1; Ruling Date: 08/24/2007; Ruling Judge: J. Thomas; Majority Opinion: Chandler, J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Chancery Court of Hinds County is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur.

Ronald Husband v. State of Mississippi; Stone Circuit Court; LC Case #: B6601-2006-44; Ruling Date: 01/21/2008; Ruling Judge: Roger Clark; Disposition: Petition for Writ of Certiorari filed pro se by Ronald Husband is dismissed as untimely filed. M.R.A.P. 17(b). Order entered.

Cynthia Amacker v. Patrick Amacker; Pearl River Chancery Court; LC Case #: 05-0427-GN-W; Ruling Date: 01/22/2008; Ruling Judge: Johnny Williams; Disposition: Petition for Writ of Certiorari filed by Cynthia Amacker is denied. To Deny: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: Waller, C.J. Order entered.

Gene Jones, Ashley Craft, Ralph Scott, Hardy Gordon, James Williams and Reggie Williams v. Fluor Daniel Services Corporation; Jasper Circuit Court 1st District; LC Case #: 13-0036; Ruling Date: 03/04/2008; Ruling Judge: Robert Evans; Disposition: Motion for rehearing filed by appellants is denied. Graves, P.J., Dickinson, Lamar and Kitchens, JJ., would grant.

Rubin Renfrow v. State of Mississippi; Simpson Circuit Court; LC Case #: 2007-174K; Ruling Date: 05/02/2008; Ruling Judge: Robert Evans; Disposition: Petition for Writ of Certiorari filed pro se by Rubin Renfrow on March 8, 2010, is dismissed as untimely filed. M.R.A.P. 17(b). The Petition for Writ of Certiorari timely filed by counsel for Rubin Renfrow on February 26, 2010 will be considered in due course. Order entered.

In the Matter of The Estate of Thelma M. McCullough, Deceased: Arlean Morant Leach, Daniel Lawrence Morant, Jr., Linda Ann Morant, Tommy Earl Morant, Carolyn Ann Morant Fairley, Johnny Earl Morant, James Morant, Jr., Jessica Morant and Kendrian Collins v. Geraldine Yates, Administratrix, Jim Hood and State of Mississippi; Hinds Chancery Court 1st District; LC Case #: P-2004-7-W/4; Ruling Date: 01/08/2008; Ruling Judge: Patricia Wise; Disposition: Motion for rehearing filed by appellants is denied. Dickinson and Lamar, JJ., would grant.

Oakwood Capital Management, LLC v. Margaret Lisa Longenecker Donovan, Harry Donovan, Renasant Bank, Michael Thomas Isaac Donovan and Jonathan Bryan Allen Donovan and Kimberly Lauren Elizabeth Donovan; Monroe Chancery Court; LC Case #: 94-443; Ruling Date: 07/14/2009; Ruling Judge: C. Malski; Disposition: The order denying Oakwood's motion to compel arbitration is reversed and a judgment rendered compelling arbitration of the Donovans' claims against Oakwood. This cause is remanded to the Chancery Court of Monroe County for further proceedings consistent with this order. The Donovans' motions to modify the stay previously granted by this Court are dismissed as moot. The costs of this appeal are divided equally between Oakwood and the Donovans. Agree: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ. Graves, P.J., Disagrees and would deny interlocutory appeal. Lamar, J., Not Participating. Chandler, J., for the Court. Order entered.

Oakwood Capital Management, LLC v. Margaret Lisa Longenecker Donovan, Harry Donovan, Renasant Bank, Michael Thomas Isaac Donovan and Jonathan Bryan Allen Donovan and Kimberly Lauren Elizabeth Donovan; Monroe Chancery Court; LC Case #: 94-443; Ruling Date: 07/14/2009; Ruling Judge: C. Malski; Disposition: The order denying Oakwood's motion to compel arbitration is reversed and a judgment rendered compelling arbitration of the Donovans' claims against Oakwood. This cause is remanded to the Chancery Court of Monroe County for further proceedings consistent with this order. The Donovans' motions to modify the stay previously granted by this Court are dismissed as moot. The costs of this appeal are divided equally between Oakwood and the Donovans. Agree: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ. Graves, P.J., Disagrees and would deny interlocutory appeal. Lamar, J., Not Participating. Chandler, J., for the Court. Order entered.

Oakwood Capital Management, LLC v. Margaret Lisa Longenecker Donovan, Harry Donovan, Renasant Bank, Michael Thomas Isaac Donovan and Jonathan Bryan Allen Donovan and Kimberly Lauren Elizabeth Donovan; Monroe Chancery Court; LC Case #: 94-443; Ruling Date: 07/14/2009; Ruling Judge: C. Malski; Disposition: On the Court's own motion, briefing in this matter is suspended until such time as an order is entered which disposes of the Motion to Modify Stay. To Grant: All Justices. Order entered.

Mid-South Retina, LLC v. Bernice Conner; Coahoma County Court; LC Case #: 14-CO-04-116; Ruling Date: 01/11/2010; Ruling Judge: Thomas Allen; Disposition: Petition for Interlocutory Appeal filed by Mid-South Retina, LLC, is granted. The trial court proceedings in this matter are stayed pending resolution of this appeal. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Chandler and Pierce, JJ. To Deny: Graves, P.J., Lamar and Kitchens, JJ. Order entered.

Mid-South Retina, LLC v. Bernice Conner; Coahoma County Court; LC Case #: 14-CO-04-116; Ruling Date: 01/11/2010; Ruling Judge: Thomas Allen; Disposition: Petitioner's Motion to Strike the Supplemental Affidavit of LaDonna Northington is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant: Dickinson, J. Order entered.

Mid-South Retina, LLC v. Bernice Conner; Coahoma County Court; LC Case #: 14-CO-04-116; Ruling Date: 01/11/2010; Ruling Judge: Thomas Allen; Disposition: Motion to Supplement the Record filed by Bernice Conner is granted. To Grant: All Justices. Order entered.