05/08/2014 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2009-CT-01223-SCT

W.R. Berkley Corporation, Union Standard Insurance Group, Union Standard Insurance Company, and Great River Insurance Company v. Rea's Country Lane Construction, Inc.; Wayne Chancery Court; LC Case #: 2001-21; Ruling Date: 06/17/2009; Ruling Judge: J. Buffington; Disposition: Petition for writ of certiorari filed by Rea's Country Lane Construction, Inc., is denied. To Deny: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Not Participating: Waller, C.J. Order entered.

Caplin Enterprises, Inc. and Check Cashers & More, Inc. d/b/a Zippy Check Advance v. Denise Arrington, Johnny Arrington, Margie Blackledge, Brenda Bonner, Juanita Davis, Kenneth Davis, Ker'Rita Evans, Larry Evans, Goldie Goodwin, Pansafae Gordon, Ray Charles Gray, Mamie Henry, Carolyn Hinton, Curtis Hinton, Tammy Howard, Kathy Jones, Viola Nash, Lanny Skinner, Kathleen Sterling and James Watts; Clarke Circuit Court; LC Case #: 2010-200 W; Ruling Date: 06/20/2011; Ruling Judge: Lester Williamson, Jr.; Consolidated with 2011-CT-01932-SCT Caplin Enterprises, Inc. and Check Cashers & More, Inc. d/b/a Zippy Check Advance v. Jerald Ainsworth, Mary Battle, Wilma Carstarfhnur, Kimberly Gaines, Fred Jones, Shonda Love, Archie Moore, Tomecca Pickett, Tammy Pitts, Doris Turner, Boronica Williamson and Shirley Wilson; Newton Circuit Court; LC Case #: 10-cv-313-NWC; Ruling Date: 11/28/2011; Ruling Judge: Vernon Cotten; Majority Opinion: Chandler, J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The judgments of the Circuit Court of Clarke County and the Circuit Court of Newton County are Affirmed. Appellants and Appellees taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Pierce and King, JJ., Concur. Coleman, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J. Dissenting Opinion: Coleman, J. Votes: Dickinson, P.J., Joins This Opinion.

Narjess Ghane, Individually and on Behalf of the Wrongful Death Beneficiaries of Shapoor Alexander ("Alex") Ghane, Jr. v. Mid-South Institute of Self Defense Shooting, Inc., a Tennessee Corporation; JFS, LLC, a Mississippi Limited Liability Company; John Fred Shaw; Donald Ross Sanders, Jr. and Jim Cowan; DeSoto Circuit Court; LC Case #: CV-2009-002400; Ruling Date: 12/20/2011; Ruling Judge: Robert Chamberlin; Disposition: Motion for rehearing filed by Mid-South Institute of Self Defense Shooting, Inc., is denied. Lamar and Coleman, JJ., would grant.

Elizabeth Dunnam v. Darrin Abney and Hope Abney; Jasper Circuit Court 1st District; LC Case #: 111-0009; Ruling Date: 02/08/2012; Ruling Judge: Eddie Bowen; Disposition: Petition for writ of certiorari filed by Elizabeth Dunnam is denied. To Deny: All Justices. Order entered.

Jerry P. Mize v. Westbrook Construction Company of Oxford, LLC, Jimmy Alvis Lewis, Jr., Kay W. Lewis and Jimmie Waller; Lafayette Chancery Court; LC Case #: 2008-507A; Ruling Date: 03/20/2012; Ruling Judge: Glenn Alderson; Disposition: Petition for writ of certiorari filed by Jerry P. Mize is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and King, JJ. To Deny: Kitchens and Coleman, JJ. Order entered.

Jimmy Swindle, Individually, and as Natural Father and Guardian of Jason Swindle, a Minor v. Neshoba County School District; Neshoba Circuit Court; LC Case #: 08CV-00116-NS-C; Ruling Date: 02/21/2012; Ruling Judge: Vernon Cotten; Disposition: Petition for writ of certiorari filed by counsel for Neshoba County School District is denied. To Deny: Dickinson and Randolph, P.JJ., Kitchens, Chandler, King and Coleman, JJ. To Grant: Waller, C.J., Lamar and Pierce, JJ. Order entered.

Thomas Holder a/k/a Thomas L. Holder v. State of Mississippi; Forrest Circuit Court; LC Case #: CI11-0083; Ruling Date: 12/01/2011; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed pro se by Thomas Holder is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J., Kitchens and Coleman, JJ. Order entered.

Troy Chaupette a/k/a Troy W. Chaupette v. State of Mississippi; Pearl River Circuit Court; LC Case #: K-2006-651E; Ruling Date: 06/01/2012; Ruling Judge: Prentiss Harrell; Disposition: Motion for rehearing filed by Troy Chaupette is denied. Chandler, J., would grant.

Ricky Franklin a/k/a Ricky Levert Franklin a/k/a Ricky L. Franklin v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 09-5-048; Ruling Date: 03/01/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: Motion for rehearing filed by Ricky Franklin is denied. Kitchens and King, JJ., would grant.

Paul Hernandez a/k/a Paul "Tito" Hernandez a/k/a Paul Henandez Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-11-394; Ruling Date: 09/20/2012; Ruling Judge: Lisa Dodson; Disposition: Petition for writ of certiorari filed by Paul Hernandez is denied. To Deny: All Justices. Order entered.

Bruce Chambers v. Clayton Bank & Trust Co. ; Leake Circuit Court; LC Case #: 12-CV-229-LE-C; Ruling Date: 12/06/2012; Ruling Judge: Vernon Cotten; Disposition: Petition for writ of certiorari filed by Bruce Chambers is denied. To Deny: All Justices. Order entered.

Eduardo A. Flechas v. Alyce Pearl Pitts; Lincoln Chancery Court; LC Case #: 2011-0478; Ruling Date: 05/23/2013; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Waller, C.J. Disposition: The Motion for Reconsideration is denied. The en banc Court's order filed herein on December 20, 2013, is vacated and withdrawn, and this order is substituted in lieu thereof. Flechas's Motion for Immediate, Extraordinary Relief, and Petition for Reconsideration and/or Rehearing of Previous Ruling Based on Newly Discovered Evidence and Related Legal Issues is granted. The chancery court's order 1 of February 1, 2013, is hereby reversed and rendered, and the chancery court's order 3 of September 13, 2013, is hereby vacated; the chancery court's order 2 of May 23, 2013, is affirmed as to finding Flechas to be in contempt of court and requiring him to pay attorney fees of $692.50, but is otherwise reversed and vacated; the chancery court shall first review whether the request contained in the subpoena seeks documents relevant under Rule 26 to the only issue before the chancery court at this time, devisavit vel non; Flechas shall produce all documents deemed relevant to the will contests by the chancery court and create a new privilege log, listing which of the relevant documents he believes are privileged; the chancery court shall then conduct an in camera, document-by-document review of the documents claimed privileged, explaining the corresponding rule or exception which may compel the production of the subpoenaed documents; the chancery court shall conduct further hearings as are required to carry out the directions of this order; and the chancery court defer consideration of further sanctions until the discovery issues are fully resolved. The stay entered by this Court on June 20, 2013, and continued on August 29, 2013, is vacated effective upon the issuance of this Court's mandate; the Motion to Dismiss and to Strike the Motion for Immediate, Extraordinary Relief, and Petition for Reconsideration and/or Rehearing of Previous Ruling Based on Newly Discovered Evidence and Related Legal Issues, or to Partially Strike is denied; Respondent's Rule 48A(d) Mississippi Rules Appellate Procedure Motion for Access to Sealed Document is denied.
Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.