05/14/2020 - Hand Down and published opinions in WordPerfect/ZIP format

Beam, Dawn H., J.
XXX  2018-SA-01263-SCT

Mississippi Division of Medicaid and Drew Snyder, in his Official Capacity as Director of Mississippi Division of Medicaid v. Windsor Place Nursing Center, Inc. d/b/a Windsor Place Nursing & Rehab Center, Billdora Senior Care, LLC, Lexington Manor Senior Care, LLC and Magnolia Senior Care, LLC; Hinds Chancery Court 1st District; LC Case #: 2011-2048W/4 &G2013-139T/; Ruling Date: 08/06/2018; Ruling Judge: Patricia Wise; Majority Opinion: Beam, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Randolph, C.J., Maxwell, Chamberlin and Ishee, JJ., Concur. Coleman, J., Specially Concurs with Separate Written Opinion Joined by King, P.J.; Griffis, J. Joins In Part. King, P.J., Concurs in Part and in Result without Separate Written Opinion. Griffis, J., Dissents with Separate Written Opinion Joined by Kitchens, P.J. Specially Concurring Opinion: Coleman, J. Votes: King, P.J., Joins This Opinion. Griffis, J., Joins This Opinion in Part. Dissenting Opinion: Griffis, J. Votes: Kitchens, P.J., Joins This Opinion.

Will Realty, LLC v. Mark Isaacs and Sally Isaacs; Hancock Circuit Court; LC Case #: 23CI1:19-cv-00065; Ruling Date: 08/16/2019; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Randolph, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.

In Re: The Rules of Civil Procedure; Disposition: The Motion to Amend M.R.C.P. 43 filed by the Advisory Committee on Rules is granted, and Rule 43 is amended as set forth in Exhibit A effective July 1, 2020. All Justices Agree. Order entered 5/05/2020.

In Re: The Rules of Civil Procedure; Disposition: The Motion to Amend M.R.C.P. 63 filed by the Advisory Committee on Rules is granted, and Rule 63 is amended as set forth in Exhibit A effective July 1, 2020. All Justices Agree. Order entered 5/05/20.

In Re: The Rules of Civil Procedure; Disposition: The Motion to Amend M.R.C.P. 71A filed by the Advisory Committee on Rules is granted, and Rule 71A is amended as set forth in Exhibit A effective July 1, 2010. All Justices Agree. Order entered 5/05/20.

In Re: The Rules of Civil Procedure; Disposition: The Motion to Amend M.R.C.P. 1 filed by the Advisory Committee on Rules is granted, and Rule 1 is amended as set forth in Exhibit A effective July 1, 2020. All Justices Agree. Order entered 5/05/20.

In Re: The Rules of Civil Procedure; Disposition: The Motion to Amend M.R.C.P. 15 filed by the Advisory Committee on Rules is granted, and Rule 15 is amended as set forth in Exhibit A effective July 1, 2020. All Justices Agree. Order entered 5/05/20.

In Re: The Rules of Civil Procedure; Disposition: The Motion to Amend M.R.C.P. 71A is granted, and Rule 71A is amended as set forth in Exhibit A effective July 1, 2020. All Justices Agree. Corrected Order entered 5/06/20.

In Re: Commission on Mandatory Continuing Legal Education; Disposition: The Mississippi Commission on Continuing Legal Education's Petition to Temporarily Remove the Limit on CLE Credit Earned Through Online Programs for the 2019-2020 reporting year is granted as set forth in this Order, and the new lawyer program set forth in Rule 3b shall be amended as set forth in this Order. All Justices Agree. Order entered 5/05/20.

In Re: Local Rules; Disposition: The Motion to Amend by Deletion the Local Rules of the Fourth Chancery District of Mississippi filed by the Chancellors of the Fourth Chancery District of Mississippi is granted, and the Local Rules for the Fourth Chancery Court District of Mississippi are repealed effective upon the entry of this order. All Justices Agree. Order entered on 5/05/20.

In Re: Judicial Mandatory Continuing Legal Education; Disposition: En banc order directing that the Rules and Regulations for Mandatory Continuing Judicial Education are temporarily amended for 2019-2020 reporting year as set forth in this Order. Order entered 5/05/20.

In Re: Justice Court Rules; Disposition: The Board of the Mississippi Justice Court Judges Association's Petition to Amend the Mississippi Uniform Rules of Procedure for Justice Court to Improve the Uniformity, Efficiency, and Clarity of Justice Court Procedures is granted in part, and the Mississippi Uniform Rules of Procedure for Justice Court are amended as set forth in Exhibit A effective July 1, 2020. The Proposed Uniform Rules of Justice Court, filed by the Justice Court Rules Committee and the Petition to Repeal the Mississippi Uniform Rules of Procedure for Justice Court and to Adopt the Proposed Mississippi Uniform Rules of Justice Court as Endorsed by the Mississippi Justice Court Judges Association are dismissed. All Justices Agree. Order entered 05/05/20.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 1 of the Mississippi Rules of Appellate Procedure and its Comment are amended as set forth in Exhibit A effective upon the entry of this order. All Justices Agree. Order entered 05/05/20.

In Re: State Intervention Courts Advisory Committee; Disposition: En banc order appointing Stacey E. Pickering as a member of the State Intervention Courts Advisory Committee effective upon the entry of this order for the balance of the term of Justice Robert P. Chamberlin expiring on December 31, 2020. All Justices Agree. Order entered 5/07/20.

Alberto Julio Garcia a/k/a Alberto J. Garcia a/k/a Alberto Garcia v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-15-500; Ruling Date: 01/25/2017; Ruling Judge: Lisa Dodson; Majority Opinion: Maxwell, J. Disposition: Affirmed. Harrison County taxed with costs of appeal. Votes: Randolph, C.J., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ., Concur. King, P.J., Concurs in Part and in Result with Separate Written Opinion Joined by Kitchens, P.J. Concurring in Part and in Result Opinion: King, P.J. Votes: Kitchens, P.J., Joins This Opinion.

Oren Joseph Lewis v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2015-101; Ruling Date: 06/20/2017; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: The Petition for Certiorari filed by Oren Joseph Lewis is denied. All Justices Agree. Order entered 5/07/20.

Ruth Dedeaux v. Coastal Developments Inc.; Harrison Chancery Court 1st District; LC Case #: 24CH1:16-cv-01133-CB; Ruling Date: 04/10/2018; Ruling Judge: Carter Bise; Disposition: The Petition for Writ of Certiorari filed by Ruth Dedeaux is denied. All Justices Agree. Order entered 05/06/20.

Latoya Brisco a/k/a Latoya Nicole Brisco a/k/a Toya v. State of Mississippi; Warren Circuit Court; LC Case #: 14,0245CRC; Ruling Date: 03/31/2017; Ruling Judge: M. Chaney, Jr.; Disposition: The Petition for Writ of Certiorari filed by Latoya Brisco is denied. To Deny: All Justices. Order entered 5/06/20.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: The Mississippi Commission on Continuing Legal Education's Petition to Temporarily Remove the Limit on CLE Credit Earned Through Online Programs for the 2019-2020 reporting year is granted as set forth in this Order, and the new lawyer program set forth in Rule 3b shall be amended as set forth in this Order. All Justices Agree. Order entered 5/05/20.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: En banc order directing that the Rules and Regulations for Mandatory Continuing Judicial Education are temporarily amended for 2019-2020 reporting year as set forth in this Order. Order entered 5/05/20.