05/15/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
XX  2012-CA-01772-SCT

Andrea Gaiennie v. Michael McMillin; Warren Chancery Court; LC Case #: 2007-060 GN; Ruling Date: 09/27/2012; Ruling Judge: Vicki Barnes; Majority Opinion: Randolph, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Coleman, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: Coleman, J.

Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier d/b/a Sheila M. Bossier, Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, III, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese & Goss, PLLC and Medresolve, PLLC v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 72841; Ruling Date: 06/11/2012; Ruling Judge: Dan Fairly; Consolidated with 2013-CA-00361-SCT Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier d/b/a Sheila M. Bossier, Attorney at Law, PLLC, Bossier & Associates, PLLC, Sweet & Freese, PLLC, Dennis C. Sweet, III, P.A. d/b/a Sweet & Associates and Freese & Goss, PLLC v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 74,385; Ruling Date: 01/17/2013; Ruling Judge: Dan Fairly; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

In Re: State Drug Courts Advisory Committee; Disposition: On the Court's own motion, finding that certain appointments expired on December 31, 2013, the en banc Court now makes the following appointment to the State Drug Courts Advisory Committee as set out in the Order. The Clerk of this Court is directed to forthwith forward true copies of this order to all members of the State Drug Courts Advisory Committee. Order entered.

Rosemary Finch v. Stewart Finch; Lamar Chancery Court; LC Case #: 2008-0138-GN-DJG; Ruling Date: 02/16/2011; Ruling Judge: Deborah Gambrell; Disposition: Motion for rehearing filed by Rosemary Finch is denied. Waller, C.J., Dickinson, P.J., King and Coleman, JJ., would grant.

Daryl Conner v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2009-365-CD; Ruling Date: 07/01/2011; Ruling Judge: Robert Chamberlin; Majority Opinion: Chandler, J. Disposition: Count I: Conviction of burglary of a dwelling and sentence of life in the custody of the Mississippi Department of Corrections as an habitual offender, without the eligibility for parole, Affirmed. Count III: Conviction of felony fleeing and sentence of life in the custody of the Mississippi Department of Corrections, Affirmed. Sentences shall run consecutively to any sentence currently being served. Appellant shall pay court costs and a fine of $1,000.00 with conditions and shall be given credit for 349 days for time served. DeSoto County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ., Concur. Dickinson, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined In Part by Kitchens and King, JJ. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by King, J. Concurring in Part and Dissenting in Part Opinion: Dickinson, P.J. Votes: Kitchens and King, JJ., Join This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

Tom Christmas and Consandra J. Christmas v. Exxon Mobil Corporation, A New Jersey Corporation; Wilkinson Circuit Court; LC Case #: 08-0112; Ruling Date: 06/23/2011; Ruling Judge: Lillie Sanders; Majority Opinion: Lamar, J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Circuit Court of Wilkinson County is Reinstated and Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Pierce and Coleman, JJ., Concur. Chandler, J., Dissents With Separate Written Opinion Joined by Randolph, P.J., Kitchens and King, JJ. Dissenting Opinion: Chandler, J. Votes: Randolph, P.J., Kitchens and King, JJ., Join This Opinion.

Dexter Fulton a/k/a Dexter Calvin Fulton v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0518-CR1; Ruling Date: 03/01/2011; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Dexter Fulton is granted. To grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar and Pierce, JJ. Order entered.

Joel Misita v. Roy A. (Al) Conn and Mitzi P. Conn; Adams Chancery Court; LC Case #: 2011-317; Ruling Date: 10/25/2011; Ruling Judge: E. Davis; Majority Opinion: Randolph, P.J. Disposition: The judgment of the Court of Appeals is Affirmed In Part and Reversed In Part. The judgment of the Adams County Chancery Court is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Donald Keith Smith a/k/a Donald Smith a/k/a Donald K. Smith v. State of Mississippi; Jackson Circuit Court; LC Case #: 2011-00,286(3); Ruling Date: 01/05/2012; Ruling Judge: Dale Harkey; Consolidated with 2012-CT-00926-SCT Donald Keith Smith a/k/a Donald Smith a/k/a Donald K. Smith v. State of Mississippi; Jackson Circuit Court; LC Case #: 2012-00,042(3); Ruling Date: 05/25/2012; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by Donald Keith Smith is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Weldon Leagea a/k/a Weldon Leage v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-09-00069; Ruling Date: 07/23/2011; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Petition for writ of certiorari filed by Weldon Leagea is denied. To Deny: All Justices. Order entered.

Woodland Village Nursing Center, LLC v. Mississippi Department of Employment Security and Kelsey Nobach; Hancock Circuit Court; LC Case #: 10-0490; Ruling Date: 12/27/2011; Ruling Judge: Roger Clark; Disposition: Petition for writ of certiorari filed by Woodland Village Nursing Center, LLC is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Order entered.

Donald Keith Smith a/k/a Donald Smith a/k/a Donald K. Smith v. State of Mississippi; Jackson Circuit Court; LC Case #: 2012-00,042(3); Ruling Date: 05/25/2012; Ruling Judge: Robert Krebs; Consolidated with 2012-CT-00159-SCT Donald Keith Smith a/k/a Donald Smith a/k/a Donald K. Smith v. State of Mississippi; Jackson Circuit Court; LC Case #: 2011-00,286(3); Ruling Date: 01/05/2012; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by Donald Keith Smith is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier d/b/a Sheila M. Bossier, Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, III, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese & Goss, PLLC and Medresolve, PLLC v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 72841; Ruling Date: 06/11/2012; Ruling Judge: Dan Fairly; Consolidated with 2013-CA-00361-SCT Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier d/b/a Sheila M. Bossier, Attorney at Law, PLLC, Bossier & Associates, PLLC, Sweet & Freese, PLLC, Dennis C. Sweet, III, P.A. d/b/a Sweet & Associates and Freese & Goss, PLLC v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 74,385; Ruling Date: 01/17/2013; Ruling Judge: Dan Fairly; Disposition: On the Court's own motion, the trial court's order sealing the records in the instant appeal is vacated in part and modified as follows: (1) The records in the instant appeal shall be unsealed. (2) The identities of the parties to the instant appeal shall not remain confidential. (3) The confidential settlement agreements governing the underlying PCB Litigation shall remain sealed, with the exception that this Court will publish any clauses contained therein that this Court finds relevant to the parties' disputes in these cases and that will not compromise any confidentiality previously asserted. (4) The parties to the underlying PCB Litigation shall remain confidential, and any client lists found in the record of the underlying PCB Litigation shall remain sealed. Order entered.

Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier d/b/a Sheila M. Bossier, Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, III, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese & Goss, PLLC and Medresolve, PLLC v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 72841; Ruling Date: 06/11/2012; Ruling Judge: Dan Fairly; Consolidated with 2013-CA-00361-SCT Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier d/b/a Sheila M. Bossier, Attorney at Law, PLLC, Bossier & Associates, PLLC, Sweet & Freese, PLLC, Dennis C. Sweet, III, P.A. d/b/a Sweet & Associates and Freese & Goss, PLLC v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 74,385; Ruling Date: 01/17/2013; Ruling Judge: Dan Fairly; Disposition: Appellees' Motion to Dismiss Appeal is denied. Order entered.

Andrea Gaiennie v. Michael McMillin; Warren Chancery Court; LC Case #: 2007-060 GN; Ruling Date: 09/27/2012; Ruling Judge: Vicki Barnes; Disposition: Emergency Motion to Vacate Order and Lift Stay filed by Michael McMillin is denied. See opinion of this Court handed down this date at paragraph 6.

Raymond J. Greer a/k/a Raymond Joseph Greer, Sr., a/k/a Rusty Greer a/k/a Raymond Joseph Greer v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-1998-0047; Ruling Date: 12/14/2012; Ruling Judge: Lisa Dodson; Disposition: Petition for writ of certiorari filed pro se by Raymond J. Greer is denied. To Deny: All Justices. Order entered.

Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier d/b/a Sheila M. Bossier, Attorney at Law, PLLC, Bossier & Associates, PLLC, Sweet & Freese, PLLC, Dennis C. Sweet, III, P.A. d/b/a Sweet & Associates and Freese & Goss, PLLC v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 74,385; Ruling Date: 01/17/2013; Ruling Judge: Dan Fairly; Consolidated with 2012-CA-01045-SCT Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier d/b/a Sheila M. Bossier, Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, III, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese & Goss, PLLC and Medresolve, PLLC v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 72841; Ruling Date: 06/11/2012; Ruling Judge: Dan Fairly; Disposition: Appellees' Motion to Dismiss Appeal is denied. Order entered.