06/14/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2011-IA-00196-SCT

Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic - Jackson Memorial Hospital v. Mississippi State Department of Health, University of Mississippi Medical Center and Board of Trustees of State Institutions of Higher Learning; Hinds Chancery Court 1st District; LC Case #: G2010-1337 W/4; Ruling Date: 01/19/2011; Ruling Judge: Patricia Wise; Consolidated with 2011-IA-00211-SCT Board of Trustees of State Institutions of Higher Learning and University of Mississippi Medical Center v. Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic Jackson Memorial Hospital; Hinds Chancery Court 1st District; LC Case #: G2010-1337 W/4; Ruling Date: 01/19/2011; Ruling Judge: Patricia Wise; Majority Opinion: Lamar, J. Disposition: As to 2011-IA-00196-SCT: Affirmed. As to 2011-IA-00211-SCT: Reversed and Rendered. Appellants and Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ., Concur.

W. C. Fore d/b/a W. C. Fore Trucking, Inc. v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission, Mississippi Department of Environmental Quality and Mississippi Commission on Environmental Quality; Harrison Chancery Court 1st District; LC Case #: C2401-09-00748-1; Ruling Date: 11/22/2010; Ruling Judge: Eugene Fair, Jr.; Majority Opinion: Carlson, P.J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Dickinson, P.J., not participating.

Dante Lamar Evans v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2008-027; Ruling Date: 03/12/2009; Ruling Judge: Jerry Terry, Sr.; Disposition: On the Court's own motion, this case on certiorari will be scheduled for en banc oral argument on all issues at a later date to be set by the Court and the parties are directed to file the original and nine copies of supplemental briefs addressing whether the trial court abused its discretion in denying Dante Lamar Evans funds to hire an expert on PTSD and whether this issue would be more appropriately addressed on a petition for post-conviction relief which are due on the following schedule: within 30 days of the entry of this order Evans shall file his supplemental brief which shall not exceed 25 pages; within 30 days of the service of Evans's supplemental brief, the State shall file its supplemental brief which shall not exceed 25 pages; and within 14 days of the service of the State's supplemental brief, Evans may file a supplemental reply brief which shall not exceed 10 pages. Not Participating: King, J. Order entered.

Dell Palmer, Palmer Holdings, LLC d/b/a Realty Executives and Tanja Adams v. Tammie R. Pittman, Jacob S. Pittman and Shawn M. Pittman; Hinds Circuit Court 1st District; LC Case #: 251-09-456CIV; Ruling Date: 10/28/2009; Ruling Judge: Tomie Green; Disposition: Petition for writ of certiorari filed by Dell Palmer, et al., is denied. To Deny: All Justices. Order entered.

Ashley Hankins v. City of Cleveland, Mississippi, Delta State University and Carl Towles; Bolivar Circuit Court 2nd District; LC Case #: 2009-0017; Ruling Date: 08/20/2010; Ruling Judge: Kenneth Thomas; Disposition: Petition for writ of certiorari filed by Ashley Hankins is denied. To Deny: All Justices. Order entered.

W. C. Fore d/b/a W. C. Fore Trucking, Inc. v. Mississippi Department of Revenue f/k/a Mississippi State Tax Commission, Mississippi Department of Environmental Quality and Mississippi Commission on Environmental Quality; Harrison Chancery Court 1st District; LC Case #: C2401-09-00748-1; Ruling Date: 11/22/2010; Ruling Judge: Eugene Fair, Jr.; Disposition: The motion for rehearing filed by Mississippi Department of Revenue is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Affirmed. Dickinson, P.J., not participating. See opinion of this Court handed down this date.

Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic - Jackson Memorial Hospital v. Mississippi State Department of Health, University of Mississippi Medical Center and Board of Trustees of State Institutions of Higher Learning; Hinds Chancery Court 1st District; LC Case #: G2010-1337 W/4; Ruling Date: 01/19/2011; Ruling Judge: Patricia Wise; Consolidated with 2011-IA-00211-SCT Board of Trustees of State Institutions of Higher Learning and University of Mississippi Medical Center v. Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic Jackson Memorial Hospital; Hinds Chancery Court 1st District; LC Case #: G2010-1337 W/4; Ruling Date: 01/19/2011; Ruling Judge: Patricia Wise; Disposition: Motion to Strike Exhibits filed by Board of Trustees of State Institutions of Higher Learning and University of Mississippi Medical Center is granted. Order entered.

Board of Trustees of State Institutions of Higher Learning and University of Mississippi Medical Center v. Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic Jackson Memorial Hospital; Hinds Chancery Court 1st District; LC Case #: G2010-1337 W/4; Ruling Date: 01/19/2011; Ruling Judge: Patricia Wise; Consolidated with 2011-IA-00196-SCT Jackson HMA, LLC, Mississippi Baptist Medical Center, Inc. and St. Dominic - Jackson Memorial Hospital v. Mississippi State Department of Health, University of Mississippi Medical Center and Board of Trustees of State Institutions of Higher Learning; Hinds Chancery Court 1st District; LC Case #: G2010-1337 W/4; Ruling Date: 01/19/2011; Ruling Judge: Patricia Wise; Disposition: Motion to Strike Exhibits filed by Board of Trustees of State Institutions of Higher Learning and University of Mississippi Medical Center is granted. Order entered.

In Re: Order Establishing Civil and Criminal Divisions in the Hinds County Circuit Court; Hinds Circuit Court 1st District; Ruling Judge: William Gowan, Jr.; Disposition: Motion for Conference or Meeting with the Mississippi Supreme Court filed by the Honorable Tomie T. Green is granted. Judge Green should contact Hubbard (Hubby) T. Saunders, IV, Court Administrator by telephone at (601) 359-2182 or by email at hsaunders@courts.ms.gov to schedule the meeting for either June 27, 2012 or for the afternoon of June 28, 2012, at such time as is convenient for all of the Hinds County Circuit Court Judges. To Grant: All Justices. Order entered.

Jan Michael Brawner v. State of Mississippi; Tate Circuit Court; LC Case #: CR2001-47-B-T; Ruling Date: 04/12/2002; Ruling Judge: Andrew Baker; Disposition: Motion to Suspend the Rules of Appellate Procedure and Accept Petitioner's Second Motion for Rehearing and the Motion for Stay of Execution filed by Jan Michael Brawner are denied. To Deny: Carlson and Dickinson, P.JJ., Randolph and Pierce, JJ. To Grant: Kitchens, Chandler and King, JJ. Not Participating: Waller, C.J., and Lamar, J. Order entered.