05/12/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis
X  2015-CA-00208-SCT

William Chad Wigington v. Laura McCalop; Hinds Chancery Court 1st District; LC Case #: 2009-1994-T/3; Ruling Date: 01/27/2015; Ruling Judge: J. Thomas; Majority Opinion: Coleman, J. Disposition: Appeal Dismissed. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Maxwell and Beam, JJ., Concur.

Spencer Ivy, on Behalf of Himself and the Other Wrongful Death Beneficiaries of Charlene Ivy v. East Mississippi State Hospital; Lauderdale Circuit Court; LC Case #: 14-CV- 001; Ruling Date: 01/26/2015; Ruling Judge: Robert Bailey; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

In Re: Mississippi Rules of Evidence; Disposition: The Motion to Amend Certain Rules of the Mississippi Rules of Evidence filed by the Advisory Committee on Rules on August 17, 2009, is denied. All Justices Agree. Order entered.

In Re: Mississippi Rules of Evidence; Disposition: The Motion to Amend Rule 404 of the Mississippi Rules of Evidence filed by the Advisory Committee on Rules is dismissed without prejudice. All Justices Agree. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, trial court clerks may use the appellate e-filing system to transmit files to this Court electronically. All Justices Agree. Order entered on 5/06/16.

Ouida J. Claiborne v. Ocwen Loan Servicing, LLC, Baker Donelson, Bearman, Caldwell & Berkowitz, PC and Adams and Reese LLP; Warren Circuit Court; LC Case #: 130002CI; Ruling Date: 10/07/2013; Ruling Judge: M. Chaney, Jr.; Disposition: The Petition for Writ of Certiorari filed pro se by Ouida J. Claiborne is dismissed. Order entered.

James Cobb Hutto, III v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 11-5005; Ruling Date: 05/28/2013; Ruling Judge: William Gowan, Jr.; Disposition: The Motion to Unseal Documents and Suspend the Briefing Schedule filed by the Appellee is granted. The aforementioned documents shall be unsealed, and the State's brief shall be filed within thirty days of entry of this Order. All Justices Agree. Order entered on 5/10/16.

Cardie Blackwell a/k/a Cardie B. Blackwell v. Howard Industries, Inc. ; Jones Circuit Court 2nd District; LC Case #: 2009-91-CV10; Ruling Date: 03/06/2014; Ruling Judge: Billy Landrum; Disposition: Cardie Blackwell's appeal from the Circuit Court of Jones County is dismissed for lack of a final, appealable judgment and the opinion of the Court of Appeals is vacated for the same reason. The case is remanded to the Circuit Court of Jones County for proceedings consistent with the instant order. Each party shall bear its own costs. Agree: Waller, C.J., Randolph, P.J., Lamar, King, Coleman and Beam, JJ. Dickinson, P.J., Objects in Part to the Order with Separate Written Statement joined by Kitchens, J.; Randolph, P.J., Joins in Part. Maxwell, J., Not Participating. Order entered.

Ridgway Lane & Associates, Inc. and The Timbers Homeowners Association v. Laurie Watson, Individually, and as Representative of the Marcus J. and Patricia Byrd Family Trust and Doris P. Byrd; Madison Circuit Court; LC Case #: 2011-0145-JE; Ruling Date: 05/08/2014; Ruling Judge: John Emfinger; Disposition: The Motion for Rehearing filed by Appellant is denied.

Christopher Grady a/k/a Christopher V. Grady a/k/a Christopher Vanshone Grady v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2013-0077-CR1H/1; Ruling Date: 11/25/2013; Ruling Judge: Lee Howard; Disposition: The Petition for Writ of Certiorari filed by Christopher Grady 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 Chad Wigington v. Laura McCalop; Hinds Chancery Court 1st District; LC Case #: 2009-1994-T/3; Ruling Date: 01/27/2015; Ruling Judge: J. Thomas; Disposition: Appellee's Motion for Stay of Trial Court Order pursuant to Mississippi Rules of Appellant Procedure 8(c) is denied. Appellant's Motion to Strike Appellee's Motion for Stay is denied. See Opinion of this Court handed down this date.

Mississippi Department of Corrections v. The Roderick & Solange MacArthur Justice Center; Hinds Chancery Court 1st District; LC Case #: G2014-01885; Ruling Date: 03/06/2015; Ruling Judge: Denise Owens; Disposition: The parties are directed to file supplemental briefs, due on the following schedule: Within thirty days of the date of this order, the Appellant shall file its supplemental brief, not to exceed twenty-five pages; within thirty days of the service of Appellant's supplemental brief, the Appellee shall file its supplemental brief, not to exceed twenty-five pages; within fourteen days of the service of the Appellee's supplemental brief, the Appellant may file a supplemental reply brief, not to exceed ten pages. Order entered on 5/05/16.

The Mississippi Bar v. Neal H. Labovitz; Disposition: Labovitz's Motion to Continue or Stay all Proceedings and the Bar's Motion for Immediate Suspension are dismissed as moot. See Order of Disbarment of this Court handed down this date.

The Mississippi Bar v. Neal H. Labovitz; Majority Opinion: Randolph, P.J. Disposition: Neal H. Labovitz is hereby permanently disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of permanent disbarment in this cause. Neal H. Labovitz is taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, King, Maxwell and Beam, JJ., Concur. Coleman, J., Concurs in Part and in Result without Separate Written Opinion. Lamar, J., not participating.

Mississippi State Representative House Speaker, Phillip A. Gunn v. Representative J. P. Hughes, Jr.; Hinds Circuit Court 1st District; LC Case #: 16-198; Ruling Date: 03/23/2016; Ruling Judge: Winston Kidd; Disposition: The Petition for Interlocutory Appeal by Permission, or in the Alternative, for Extraordinary Writ of Prohibition on Mandamus directed to the Circuit Court for the First Judicial District of Hinds County, Mississippi, and Motion for Stay filed by Philip A. Gunn is hereby granted. The notice of appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. Filing of the record and briefing is due as directed herein. The Corrected En Banc Order entered by this Court on March 24, 2016, shall remain in effect until further order of this Court. King, J., Objects to the Order with Separate Written Statement Joined by Kitchens, J. Lamar, J., Not Participating. Order entered on 5/09/16.