06/10/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2009-CA-00531-SCT

Cherokee Insurance Company v. Sarajean Babin, Individually for and on Behalf of all Heirs of Britt Rogers, and the Estate of Britt Rogers and Kathy Gustavis; Copiah Circuit Court; LC Case #: 2005-0365; Ruling Date: 03/24/2009; Ruling Judge: Lamar Pickard; Consolidated with 2008-CA-00145-SCT Cherokee Insurance Company v. Sarajean Babin, Individually, for and on Behalf of all Heirs of Britt Rogers and the Estate of Britt Rogers, and Kathy Gustavis; Copiah Circuit Court; LC Case #: 2005-0365; Ruling Date: 12/13/2007; Ruling Judge: Lamar Pickard; Majority Opinion: Kitchens, J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Each party shall bear its own costs. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

David Doll and Sandra Doll v. BSL, Inc. d/b/a Casino Magic Bay St. Louis; Hancock Circuit Court; LC Case #: A2301-2004-00182; Ruling Date: 12/02/2008; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Dr. Charles Hall, Janet H. Clark, Beatrice Langston Berry, Kate Sharp, Belinda Boozer, William Murphy, Carol Murphy, Steve Hanneke, Mary Ellen Martin, Mary S. Godbold, Bobby J. Stokes, Kevin Camp, Gary E. Payne, Maria Rosa Gutierrez, Denise Michelle Wilson, Mary Bishoff, John Austin Evans, Mel Evans, Larry Stowe, Paige Stowe and Kim H. Loper v. The City of Ridgeland, Mississippi, Madison County Land Company, LLC, Southern Farm Bureau Brokerage Company, Inc., Bailey-Madison, LLC, 200 Renaissance, LLC, 100 Renaissance, LLC and Renaissance at Colony Park, LLC; Madison Circuit Court; LC Case #: CI2007-0401-R; Ruling Date: 09/22/2008; Ruling Judge: Samac Richardson; Majority Opinion: Graves, P.J. Disposition: On Direct Appeal and Cross-Appeal: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Louise Meadows and Lavelle Meadows v. Kendall T. Blake, M.D., Mississippi Baptist Health Systems, Inc. d/b/a Mississippi Baptist Medical Center; Hinds Circuit Court 1st District; LC Case #: 251-04-1012CIV; Ruling Date: 02/08/2008; Ruling Judge: W. Yerger; Majority Opinion: Carlson, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only. Waller, C.J., Specially Concurs with Separate Written Opinion Joined by Carlson, P.J., Dickinson, Randolph, Lamar and Pierce, JJ. Specially Concurring Opinion: Waller, C.J. Votes: Carlson, P.J., Dickinson, Randolph, Lamar and Pierce, JJ., Join This Opinion.

In Re: Commission on Children's Justice; Disposition: On the Court's own motion, the Court hereby relieves and discharges the members of the Commission on Children's Justice from the duties conferred upon them by the order of April 26, 2006, entered in cause number 2006-AD-0001-SCT, with the sincere appreciation of the Court for their service. The Court hereby re-establishes and reconstitutes the Commission on Children's Justice charged with developing a statewide comprehensive approach to improving the child welfare system; coordinating the three branches of government in assessing the impact of government actions on children who are abused or neglected; and recommending changes to improve children's safety, strengthen and support families, and promote public trust and confidence in the child welfare system. Members of the Commission are set out in the order. The Commission shall review such reports, studies and materials as it deems appropriate, study proposed legislation, analyze the use of court improvement funds and submit recommendations to the En Banc Conference of the Mississippi Supreme Court for any necessary changes to improve the court system for children. Justice Randy G. Pierce and Judge Thomas Broome are appointed Co-Chairs. The term of service for each member of the Commission shall be for three years from the date of this order, unless terminated sooner by resignation or further order of this Court. The Clerk of the Supreme Court shall spread this order upon the minutes of the Court and transmit to each appointee a true copy hereof. Order entered.

Gulf South Pipeline Company, LP v. Blanche Marie Downey Pitre; Warren Special Court of Eminent Domain; LC Case #: 06,0689-CO; Ruling Date: 06/26/2007; Ruling Judge: John Price, Jr.; Disposition: Motion for rehearing filed by appellee is denied. Graves, P.J., would grant.

Walter Eddie McComb v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2003-00478; Ruling Date: 07/16/2007; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed pro se by Walter Eddie McComb is dismissed. To Dismiss: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar and Pierce, JJ. To Deny: Randolph and Kitchens, JJ. Not Participating: Chandler, J. Order entered.

Mississippi Transportation Commission v. Engineering Associates, A Division of Pickering Firm, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-05-232CN; Ruling Date: 07/27/2007; Ruling Judge: W. Yerger; Majority Opinion: Lamar, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur.

Deanie Lee, Individually and as Mother and Next Friend of Summer Jackson; Teresa A. Brown, Individually and as Mother and Next Friend of Erica Blankinchip and Ceselie Blankinchip; Guy Eric Blankinchip, Individually and as Father, Next Friend and Guardian of Erica Blankinchip and Ceselie Blankinchip; Guy Eric Blankinchip, Individually and as Administrator of the Estate of Beverly Blankinchip; J. C. Bell, Trustee and Dorothy M. Sipp v. Mississippi Department of Transportation; George Circuit Court; LC Case #: 2004-0281; Ruling Date: 02/08/2008; Ruling Judge: Kathy Jackson; Disposition: Motion to File Out-of-Time Petition for a Writ of Certiorari filed by counsel for Deanie Lee, et al., is denied. M.R.A.P. 17(f). Pierce, J., not participating. Order entered.

Rita Faye Miley v. Dennis K. Daniel, Executor of the Estate of William M. Miley, Jr., Deceased; Oktibbeha Chancery Court; LC Case #: 2007-0138-B; Ruling Date: 02/21/2008; Ruling Judge: Kenneth Burns; Disposition: Rita Faye Miley's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar and Pierce, JJ. To Grant: Kitchens and Chandler, JJ. Order entered.

Baker Donelson Bearman Caldwell & Berkowitz, P.C. and William N. Reed v. Sam Seay; Hinds Circuit Court 1st District; LC Case #: 251-05-477; Ruling Date: 04/14/2008; Ruling Judge: Tomie Green; Consolidated with 2008-IA-00999-SCT William N. Reed and Baker Donelson Bearman Caldwell & Berkowitz, P.C. v. Sam Seay; Hinds Circuit Court 1st District; LC Case #: 251-05-477; Ruling Date: 05/27/2008; Ruling Judge: Tomie Green; Majority Opinion: Randolph, J. Disposition: 2008-IA-00768-SCT: Reversed and Remanded. 2008-IA-00999-SCT: Affirmed in Part; Reversed and Remanded in Part. 2008-IA-00768-SCT - Appellee taxed with costs of appeal. 2008-IA-00999-SCT- Appellants and Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar and Chandler, JJ., Concur. Pierce, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Graves, P.J., and Kitchens, J., not participating. Concurring in Part and Dissenting in Part Opinion: Pierce, J.

Otis Lee Banks v. State of Mississippi; Warren Circuit Court; LC Case #: 08,0043CI; Ruling Date: 04/17/2008; Ruling Judge: Frank Vollor; Disposition: Petition for writ of certiorari filed pro se by Otis Lee Banks is denied. To Deny: All Justices. Order entered.

Vicki Worthy and Fred Worthy, Individually and As Wrongful Death Beneficiaries of Mackenzy Worthy, Deceased v. Robbye D. McNair, M.D., Women's Clinic of Greenwood, P.A.; Leflore Circuit Court; LC Case #: 2002-0070-CICI; Ruling Date: 04/30/2008; Ruling Judge: Richard Smith; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph and Lamar, JJ., Concur. Graves, P.J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Dissenting Opinion: Graves, P.J. Votes: Kitchens and Chandler, JJ., Join This Opinion.

State Farm Mutual Automobile Insurance Company v. Jerry P. Jones; Jones Circuit Court 2nd District; LC Case #: 2007-19-CV3; Ruling Date: 09/19/2008; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by counsel for Jerry P. Jones is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ. Not Participating: Pierce, J. Order entered.

Louise Meadows and Lavelle Meadows v. Kendall T. Blake, M.D., Mississippi Baptist Health Systems, Inc. d/b/a Mississippi Baptist Medical Center; Hinds Circuit Court 1st District; LC Case #: 251-04-1012CIV; Ruling Date: 02/08/2008; Ruling Judge: W. Yerger; Disposition: Appellants' Rule 43(a) Motion to Substitute is granted. Appellants' Motion to Strike Appellees' Untimely Responses in Opposition to Appellants' Rule 43(a) Motion to Substitute is denied. Order entered.

Louise Meadows and Lavelle Meadows v. Kendall T. Blake, M.D., Mississippi Baptist Health Systems, Inc. d/b/a Mississippi Baptist Medical Center; Hinds Circuit Court 1st District; LC Case #: 251-04-1012CIV; Ruling Date: 02/08/2008; Ruling Judge: W. Yerger; Disposition: Appellants' Rule 43(a) Motion to Substitute is granted. Appellants' Motion to Strike Appellees' Untimely Responses in Opposition to Appellants' Rule 43(a) Motion to Substitute is denied. Order entered.

Nickey Williams v. State of Mississippi; Lee Circuit Court; LC Case #: CR06-415; Ruling Date: 08/08/2008; Ruling Judge: James Pounds; Disposition: Motion for rehearing filed by the State of Mississippi is denied. Graves, P.J., Randolph and Chandler, JJ., would grant.

Joe Miller and Alice Miller v. Parker McCurley Properties, L.L.C. and Parker McCurley, Individually; Jones Chancery Court 2nd District; LC Case #: 2006-0513; Ruling Date: 11/18/2008; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Carlson, P.J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Kitchens and Chandler, JJ., Concur. Dickinson, J., Dissents With Separate Written Opinion Joined by Randolph, Lamar and Pierce, JJ. Dissenting Opinion: Dickinson, J. Votes: Randolph, Lamar and Pierce, JJ., Join This Opinion.

Jay Jones v. City of Ridgeland; Madison Circuit Court; LC Case #: CI-2008-0282; Ruling Date: 04/28/2009; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by counsel for Jay Jones is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Randolph, J. Order entered.

Mississippi Commission on Judicial Performance v. Joe M. Brown; LC Case #: 2008-098; Ruling Date: 12/17/2009; Ruling Judge: Henry Lackey; Majority Opinion: Carlson, P.J. Disposition: Quitman County Justice Court Judge Joe M. Brown shall be publicly reprimanded; suspended from the office of Justice Court Judge, District Two, Quitman County, for a period of thirty (30) days without pay; and assessed a fine of $1,500 plus costs of $1,955.20. The Public Reprimand shall be read in Open Court by the Presiding Judge of the Quitman County Circuit Court on the first day of the next term of that court in which a jury venire is present after this decision becomes final. Justice Court Judge Joe M. Brown taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.