06/18/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
  2008-IA-00323-SCT

Regions Bank as Successor to AmSouth Bank v. Jimmy Walker; Jones Circuit Court 2nd District; LC Case #: 2004-112-CV6; Ruling Date: 01/30/2008; Ruling Judge: Billy Landrum; Majority Opinion: Kitchens, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

Daryl Hawkins v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2004-021-CR2; Ruling Date: 05/13/2004; Ruling Judge: Albert Smith, III; Disposition: The Petition for Writ of Certiorari filed by Daryl Hawkins is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Estate of Brandon Bolden, by and through Marilyn Bolden, Administratrix v. Cedric Williams and AutoZone Mississippi, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-04-771; Ruling Date: 06/01/2007; Ruling Judge: W. Yerger; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar and Chandler, JJ., Concur. Kitchens, J., Concurs With Separate Written Opinion Joined by Carlson, P.J., Chandler and Pierce, JJ. Graves, P.J., Concurs in Part and in Result With Separate Written Opinion Joined In Part by Kitchens, Chandler and Pierce, JJ. Waller, C.J., not participating. Concurring Opinion: Kitchens, J. Votes: Carlson, P.J., Chandler and Pierce, JJ., Join This Opinion. Concurring in Part and in Result Opinion: Graves, P.J. Votes: Kitchens, Chandler and Pierce, JJ., Join This Opinion in Part.

Deere & Company and Parker Tractor & Implement Company, Inc. v. First National Bank of Clarksdale and Edward J. Johnson, Jr. d/b/a F & E Farm; Coahoma County Court; LC Case #: 14-CO-01-0411; Ruling Date: 07/16/2007; Ruling Judge: Charles Brett; Disposition: The motion for rehearing filed by Deere & Company is denied. The original opinion is withdrawn, and these opinions are substituted therefor. Affirmed and Remanded. Graves, P.J., and Kitchens, J., would grant.

Deere & Company and Parker Tractor & Implement Company, Inc. v. First National Bank of Clarksdale and Edward J. Johnson, Jr. d/b/a F & E Farm; Coahoma County Court; LC Case #: 14-CO-01-0411; Ruling Date: 07/16/2007; Ruling Judge: Charles Brett; Majority Opinion: Dickinson, J. Disposition: The motion for rehearing filed by Deere & Company is denied. The original opinion is withdrawn, and these opinions are substituted therefor. Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Waller, C.J., and Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Graves, P.J., Dissents With Separate Written Opinion Joined by Kitchens, J. Dissenting Opinion: Graves, P.J. Votes: Kitchens, J., Joins This Opinion.

Chancellor Christmas v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: 07-5-014; Ruling Date: 07/11/2007; Ruling Judge: Bobby DeLaughter; Disposition: The motion for rehearing filed by appellant is denied.

Mississippi Commission on Judicial Performance v. Solomon C. Osborne; LC Case #: 2006-192/193/197/206/207/; Ruling Date: 03/18/2008; Ruling Judge: Franklin Coleman; Disposition: The motion for rehearing filed by Solomon C. Osborne is denied. Dickinson and Kitchens, JJ., would grant.

Mississippi Commission on Judicial Performance v. Solomon C. Osborne; LC Case #: 2006-192/193/197/206/207/; Ruling Date: 03/18/2008; Ruling Judge: Franklin Coleman; Disposition: The motion for rehearing filed by the Mississippi Commission on Judicial Performance is granted, in part. Thus, the original opinions are withdrawn and these opinions are substituted therefor. Former County Court Judge Solomon C. Osborne shall be suspended from office for a period of one year from and after the issuance of the mandate in this case and is assessed costs of $731.89. Graves, P.J., and Dickinson, J., would deny.

Mississippi Commission on Judicial Performance v. Solomon C. Osborne; LC Case #: 2006-192/193/197/206/207/; Ruling Date: 03/18/2008; Ruling Judge: Franklin Coleman; Majority Opinion: Carlson, P.J. Disposition: The motion for rehearing filed by Solomon C. Osborne is denied. However, the motion for rehearing filed by the Mississippi Commission on Judicial Performance is granted, in part. Thus, the original opinions are withdrawn and these opinions are substituted therefor. Former County Court Judge Solomon C. Osborne shall be suspended from office for a period of one year from and after the issuance of the mandate in this case and is assessed costs of $731.89. Former County Court Judge Solomon C. Osborne taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Dissents with Separate Written Opinion Joined in Part by Graves, P.J., and Dickinson, J. Dickinson, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Graves, P.J., and Kitchens, J. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J. and Dickinson, J., Join This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Dickinson, J. Votes: Graves, P.J., and Kitchens, J., Join This Opinion.

Frank Smith v. State of Mississippi; Pike Circuit Court; LC Case #: 07-196-PKS-1; Ruling Date: 01/18/2008; Ruling Judge: David Strong, Jr.; Disposition: The "Motion for Writ of Cert." filed pro se by Frank Smith is dismissed. M.R.A.P. 17(b). Order entered.

Mississippi Commission on Judicial Performance v. Solomon C. Osborne; LC Case #: 2006-117; Ruling Date: 07/09/2008; Ruling Judge: Franklin Coleman; Majority Opinion: Pierce, J. Disposition: Former County Court Judge Solomon C. Osborne, Leflore County, is hereby removed from office and shall pay the costs of this proceeding in the amount of $1,389.69. Former County Court Judge Solomon C. Osborne taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar and Chandler, JJ., Concur. Graves, P.J., Concurs in Result Only. Kitchens, J., Dissents with Separate Written Opinion Joined by Dickinson, J. Dissenting Opinion: Kitchens, J. Votes: Dickinson, J., Joins This Opinion.

Albert L. East, III v. Trustmark National Bank; Hinds Chancery Court 1st District; LC Case #: G-2008-1332W/4; Ruling Date: 01/05/2009; Ruling Judge: Patricia Wise; Disposition: Petitioner's petition for interlocutory appeal is granted; the order of the Hinds County Chancery Court, First Judicial District, denying a transfer of this case to the Hinds County Circuit Court, First Judicial District is reversed; this case is remanded to the Hinds County Chancery Court, First Judicial District, with directions that it promptly transfer this case to the Hinds County Circuit Court, First Judicial District; that the petitioner's request for a stay of the trial court proceedings is dismissed as moot; and all costs are assessed against respondent Trustmark National Bank. Graves, P.J., disagrees. Dickinson, J., for the Court. Order entered.

Albert L. East, III v. Trustmark National Bank; Hinds Chancery Court 1st District; LC Case #: G-2008-1332W/4; Ruling Date: 01/05/2009; Ruling Judge: Patricia Wise; Disposition: Petitioner's petition for interlocutory appeal is granted; the order of the Hinds County Chancery Court, First Judicial District, denying a transfer of this case to the Hinds County Circuit Court, First Judicial District is reversed; this case is remanded to the Hinds County Chancery Court, First Judicial District, with directions that it promptly transfer this case to the Hinds County Circuit Court, First Judicial District; that the petitioner's request for a stay of the trial court proceedings is dismissed as moot; and all costs are assessed against respondent Trustmark National Bank. Graves, P.J., disagrees. Dickinson, J., for the Court. Order entered.