06/17/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
XXX  2007-CA-00886-SCT

Jennifer McDonald v. Michael Steven McDonald; Rankin Chancery Court; LC Case #: 53,464; Ruling Date: 05/15/2007; Ruling Judge: Dan Fairly; Consolidated with 2008-CA-00240-SCT Jennifer McDonald v. Michael Steven McDonald; Rankin Chancery Court; LC Case #: 53,464; Ruling Date: 01/22/2008; Ruling Judge: Dan Fairly; Consolidated with 2008-CA-01484-SCT Jennifer McDonald v. Michael Steven McDonald; Rankin Chancery Court; LC Case #: 53,464; Ruling Date: 08/20/2008; Ruling Judge: Dan Fairly; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Lamar, Kitchens and Chandler, JJ., Concur. Dickinson, J., Specially Concurs with Separate Written Opinion Joined by Carlson, P.J., Randolph, Lamar and Chandler, JJ. Pierce, J., Concurs in Part and in Result With Separate Written Opinion Joined by Waller, C.J., and Graves, P.J., Joins in Part. Specially Concurring Opinion: Dickinson, J. Votes: Carlson, P.J., Randolph, Lamar and Chandler, JJ., Join This Opinion. Concurring in Part and in Result Opinion: Pierce, J. Votes: Waller, C.J., Joins This Opinion. Graves, P.J., Joins This Opinion in Part.

Edward Bruce Kelley v. J. Donald Matherne, Ph.D.; Harrison Circuit Court 2nd District; LC Case #: A2402-06-148; Ruling Date: 05/28/2009; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Randolph, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Hill Brothers Construction Company, Inc. v. Mississippi Transportation Commission; Hinds Circuit Court 1st District; LC Case #: 251-07-153CIV; Ruling Date: 12/12/2008; Ruling Judge: William Coleman; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Kitchens, Chandler and Pierce, JJ., Concur. Randolph, J., Concurs in Result Only. Graves, P.J., Dissents With Separate Written Opinion Joined by Lamar, J. Dissenting Opinion: Graves, P.J. Votes: Lamar, J., Joins This Opinion.

In The Interest of C.K.B., a Minor v. Harrison County Youth Court; Harrison Youth Court 1st District; LC Case #: 24-YC-2009-D-6; Ruling Date: 06/23/2009; Ruling Judge: Michael Ward; Majority Opinion: Graves, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Dickinson, J., Concurs in Result Only. Randolph, J., not participating.

Simmons Housing, Inc. and Southern Energy Homes, Inc. v. Coleman Britt Shelton and Joshua Mason Shelton, by and through their mother and next friend, Kimberly Shelton; Copiah Circuit Court; LC Case #: 2005-0393; Ruling Date: 03/16/2009; Ruling Judge: Lamar Pickard; Majority Opinion: Waller, C.J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

The Mississippi Bar v. Kimberly A. Castle; Disposition: The Motion for Disbarment filed by The Mississippi Bar is granted. Kimberly A. Castle 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. Order of Disbarment entered.

The Mississippi Bar v. Kimberly A. Castle; Majority Opinion: Kitchens, J. Disposition: Kimberly A. Castle 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. Kimberly A. Castle taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

William Daniel Vaughn v. Connie Lynn Davis, Individually, and as Maternal Grandmother and Next Friend of Danielle Lynn Vaughn; Rankin Chancery Court; LC Case #: 55788; Ruling Date: 08/01/2007; Ruling Judge: Dan Fairly; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens and Chandler, JJ., Concur. Pierce, J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., and Carlson, P.J. Specially Concurring Opinion: Pierce, J. Votes: Waller, C.J., and Carlson, P.J., Join This Opinion.

Robin Harper, Individually and on Behalf of Reijah Harper, a Minor v. Cal-Maine Foods, Inc.; Hinds Circuit Court 2nd District; LC Case #: 2006-28; Ruling Date: 02/28/2008; Ruling Judge: Bobby DeLaughter; Majority Opinion: Dickinson, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Hinds County Circuit Court, First Judicial District, is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Lamar and Chandler, JJ., Concur. Graves, P.J., Dissents With Separate Written Opinion Joined by Randolph, Kitchens and Pierce, JJ. Dissenting Opinion: Graves, P.J. Votes: Randolph, Kitchens and Pierce, JJ., Join This Opinion.

Wade Short v. Wilson Meat House, LLC and Bridgefield Casualty Insurance Company; Copiah Circuit Court; LC Case #: 2007-0364; Ruling Date: 06/30/2008; Ruling Judge: Lamar Pickard; Majority Opinion: Dickinson, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Decision of the Mississippi Workers' Compensation Commission is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Graves, P.J., Dissents With Separate Written Opinion. Kitchens, J., not participating. Dissenting Opinion: Graves, P.J.

Jay Jones v. City of Ridgeland; Madison Circuit Court; LC Case #: CI-2008-0282; Ruling Date: 04/28/2009; Ruling Judge: Samac Richardson; Disposition: On the Court's own motion, the parties hereto shall file briefs discussing the constitutionality of Mississippi Code Annotated Section 11-51-81. The Attorney General for the State of Mississippi is invited to brief the issue. The briefing period will run simultaneously with all briefs being due Monday, July 19, 2010. Order entered.

In The Interest of C.K.B., a Minor v. Harrison County Youth Court; Harrison Youth Court 1st District; LC Case #: 24-YC-2009-D-6; Ruling Date: 06/23/2009; Ruling Judge: Michael Ward; Disposition: Motion for Leave to Withdraw Motion to Exclude Appellee's Record Excerpts is granted. See Opinion of this Court handed down this date. Randolph, J., not participating.

In The Interest of C.K.B., a Minor v. Harrison County Youth Court; Harrison Youth Court 1st District; LC Case #: 24-YC-2009-D-6; Ruling Date: 06/23/2009; Ruling Judge: Michael Ward; Disposition: Motion for Leave to Withdraw Motion to Exclude Appellee's Record Excerpts is granted. See Opinion of this Court handed down this date. Randolph, J., not participating.

Riverbend Utilities, Inc. v. Hugh Edward Brennan and Shanda Melissa Brennan, et al.; Harrison Circuit Court 1st District; LC Case #: A2401-07-294; Ruling Date: 01/05/2010; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Riverbend Utilities, Inc.'s Motion for Reconsideration or for Clarification is granted. The Petition for Interlocutory Appeal filed by Riverbend Utilities, Inc., is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. All proceedings in cause number A2401-07-294 in the Circuit Court for the First Judicial District of Harrison County, Mississippi are hereby stayed pending this Court's decision in the interlocutory appeal. Graves, P.J., Kitchens and Chandler, JJ., would deny. Dickinson, J., not participating. Order entered.

Riverbend Utilities, Inc. v. Hugh Edward Brennan and Shanda Melissa Brennan, et al.; Harrison Circuit Court 1st District; LC Case #: A2401-07-294; Ruling Date: 01/05/2010; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Riverbend Utilities, Inc.'s Motion for Reconsideration or for Clarification is granted. The Petition for Interlocutory Appeal filed by Riverbend Utilities, Inc., is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. All proceedings in cause number A2401-07-294 in the Circuit Court for the First Judicial District of Harrison County, Mississippi are hereby stayed pending this Court's decision in the interlocutory appeal. Graves, P.J., Kitchens and Chandler, JJ., would deny. Dickinson, J., not participating. Order entered.