07/01/2021 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael, J.
X  2020-CA-00904-SCT

Micheal Taylor, Executor of the Estate of Mary Markwell, Deceased v. Cheryl Markwell Tolbert; Tate Chancery Court; LC Case #: 69CH1:19-cv-00386; Ruling Date: 08/12/2020; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Ishee, J. Disposition: Appeal Dismissed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ., Concur.

Cottage Grove Nursing Home, L.P. v. Carolyn Bowen, Individually and on Behalf of Her Deceased Husband Guy Bowen; Hinds Circuit Court 1st District; LC Case #: 25CI1:19-cv-00041-WLK; Ruling Date: 06/30/2020; Ruling Judge: Winston Kidd; Majority Opinion: Beam, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur.

Hyundai Motor America and Hyundai Motor Company v. Ola Mae Applewhite, as Personal Representative of the Estate of and Wrongful Death Beneficiaries of Dorothy Mae Applewhite, deceased, Ceola Wade, as Personal Representative of the Estate of and Wrongful Death Beneficiaries of Anthony J. Stewart, deceased, and Kenneth Cordell Carter, as Personal Representative of the Estate of and Wrongful Death Beneficiaries of Cecilia Cooper, Deceased; Coahoma Circuit Court; LC Case #: 14-CI-98-0086; Ruling Date: 01/13/2015; Ruling Judge: Albert Smith, III; Disposition: The Motion for Rehearing of Dennis Sweet is denied. Kitchens and King, P.JJ., would grant. Maxwell and Chamberlin, JJ., not participating.

Hyundai Motor America and Hyundai Motor Company v. Ola Mae Applewhite, as Personal Representative of the Estate of and Wrongful Death Beneficiaries of Dorothy Mae Applewhite, deceased, Ceola Wade, as Personal Representative of the Estate of and Wrongful Death Beneficiaries of Anthony J. Stewart, deceased, and Kenneth Cordell Carter, as Personal Representative of the Estate of and Wrongful Death Beneficiaries of Cecilia Cooper, Deceased; Coahoma Circuit Court; LC Case #: 14-CI-98-0086; Ruling Date: 01/13/2015; Ruling Judge: Albert Smith, III; Disposition: The Appellees' Motion for Rehearing is denied. Kitchens and King, P.JJ., and Coleman, J., would grant. Maxwell and Chamberlin, JJ., not participating.

Michael Anthony McDade a/k/a Michael A. McDade v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 18-CV-121(c); Ruling Date: 04/02/2019; Ruling Judge: Robert Bailey; Disposition: The Petition for Writ of Certiorari filed pro se by Michael Anthony McDade is denied. To Deny: All Justices. Order entered 6/30/21.

J. Larry Buffington v. State of Mississippi; Smith Chancery Court; LC Case #: 65CH1:09-cv-00188-DS; Ruling Date: 05/09/2019; Ruling Judge: David Shoemake; Disposition: The State of Mississippi's Corrected Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 6/25/21.

Gamma Healthcare Inc. and Employers Insurance Company of Wausau v. Estate of Sharon Burrell Grantham; LC Case #: 1510281-P- 2333- C; Ruling Date: 02/27/2019; Disposition: The Petition for Writ of Certiorari filed by Appellee is granted. To Grant: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam and Ishee, JJ. To Deny: Maxwell, Chamberlin and Griffis, JJ. Order entered 6/24/21.

John E. Winters v. Eric Feng; Hinds Circuit Court 1st District; LC Case #: 25CI1:17-cv-00528-WLK; Ruling Date: 06/27/2019; Ruling Judge: Winston Kidd; Disposition: The Petition for a Writ of Certiorari filed by counsel for John E. Winters is denied. To Deny: All Justices. Order entered 6/30/21.

Mario Franklin, III a/k/a Mario Franklin v. State of Mississippi; Madison Circuit Court; LC Case #: 2019-0021; Ruling Date: 06/19/2019; Ruling Judge: Steve Ratcliff, III; Disposition: Mario Franklin's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ. To Grant: Kitchens, P.J., and Ishee, J. Order entered 6/23/21.

Jamar Allen v. State of Mississippi; Alcorn Circuit Court; LC Case #: CR2017-125; Ruling Date: 08/09/2019; Ruling Judge: John White; Disposition: Jamar Allen's Petition for Writ of Certiorari is dismissed as untimely. Order entered 6/30/21.

Yancy Stevenson v. State of Mississippi; Quitman Circuit Court; LC Case #: 2017-0004; Ruling Date: 03/05/2020; Ruling Judge: Linda Coleman; Majority Opinion: Ishee, J. Disposition: Affirmed. Quitman County taxed with costs of appeal. Votes: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ., Concur. King, P.J., Specially Concurs with Separate Written Opinion Joined by Kitchens, P.J. Specially Concurring Opinion: King, P.J. Votes: Kitchens, P.J., Joins This Opinion.

In Re Initiative Measure No. 65: Mayor Mary Hawkins Butler, In Her Individual and Official Capacities and The City of Madison v. Michael Watson, In His Official Capacity as Secretary of State for the State of Mississippi; LC Case #: N/A; Disposition: Before the en banc Court, the Motion of MEVI 78 and Dr. David Allen, Sponsor of Initiative 77, for Leave to Intervene is denied. The Motion for Rehearing filed by MEVI 78 and Dr. David Allen is dismissed as moot. The Motion to Strike the Motion for Rehearing filed by Mary Hawkins Butler and the City of Madison is dismissed as moot. Order entered.