07/17/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2013-IA-00851-SCT

Lewis Entertainment, Inc. d/b/a Extreme Skate Zone v. Carl Brady and Carrie Brady; Lamar County Court; LC Case #: CO12-0616A; Ruling Date: 05/08/2013; Ruling Judge: William Andrews, III; Majority Opinion: Lamar, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Henry W. Kinney and Frank L. Schmidt, Sr., M.D., et al. v. The Catholic Diocese of Biloxi, Inc.; Most Reverend Thomas J. Rodi, as Bishop of the Catholic Diocese of Biloxi, Mississippi, and as President of the Catholic Diocese of Biloxi, Inc.; and Rev. Dennis Carver, Individually, and as Pastor of St. Paul Catholic Church, Pass Christian, Mississippi; Harrison Chancery Court 1st District; LC Case #: 07-00978(1); Ruling Date: 09/28/2012; Ruling Judge: Thomas Zebert; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

In the Matter of Inclusion into the City of Oxford, Mississippi: Kenneth F. Farrell, James Morris and Terry Joe Blount v. Catherine Babb, Beth King, Robert King, City of Oxford, Mississippi, and Baptist Memorial Hospital-North Mississippi, Inc.; Lafayette Chancery Court; LC Case #: 2012-046(R0; Ruling Date: 02/26/2013; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

In Re: Commission on Mandatory Continuing Legal Education; Disposition: Petition to Amend Certain Rules for Mandatory Continuing Legal Education filed by the Mississippi Commission on Continuing Legal Education and the Mississippi Bar is granted. Rules 2 and 3 of the Mississippi Rules and Regulations for Mandatory Continuing Legal Education are hereby amended as set forth in Exhibit A hereto. The amendment is effective July 1, 2015. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). To Grant: All Justices. Order entered.

In the Matter of the Enlargement and Extension of the Municipal Boundaries of the City of Gulfport, Harrison, County, Mississippi: City of Gulfport, Mississippi v. City of Biloxi, Mississippi and Harrison County, Mississippi; Harrison Chancery Court 1st District; LC Case #: 09-01924-3; Ruling Date: 06/30/2011; Ruling Judge: Thomas Zebert; Disposition: Joint Motion for Rule 42 Dismissal is granted. This civil action is dismissed with prejudice, including the following claims: 1.) The appeal taken by the Plaintiff/Appellant, City of Gulfport, Mississippi; 2.) The cross-appeal taken by the Defendant/Appellee, City of Biloxi, Mississippi; and 3.) The cross-appeal taken by the Defendant/Appellee, the Board of Supervisors of Harrison County, Mississippi. The parties will bear their respective costs, including attorneys' fees. Dickinson, P.J., for the Court. Order entered.

Clarence Jones a/k/a Clarence Tyrone Jones a/k/a Clarence T. Jones v. State of Mississippi; Rankin Circuit Court; LC Case #: 23,132; Ruling Date: 11/17/2011; Ruling Judge: John Emfinger; Disposition: Petition for writ of certiorari filed by Clarence Jones a/k/a Clarence Tyrone Jones a/k/a Clarence T. Jones is denied. To Deny: All Justices. Order entered.

Kimberlye Estes Brown v. Hickman Scott Brown; Chickasaw Chancery Court 1st District; LC Case #: CV2010-100102-DWC; Ruling Date: 10/24/2011; Disposition: Petition for writ of certiorari filed by Kimberlye Estes Brown is denied. To Deny: All Justices. Order entered.

John W. Ravenstein v. Elisha Ravenstein (Hawkins); Madison Chancery Court; LC Case #: 96-350-B; Ruling Date: 04/18/2012; Ruling Judge: Cynthia Brewer; Majority Opinion: Waller, C.J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ., Concur. Pierce, J., Specially Concurs With Separate Written Opinion Joined by Dickinson, P.J., Kitchens and Chandler, JJ. King, J., Specially Concurs With Separate Written Opinion Joined by Dickinson, P.J., Kitchens, Chandler and Pierce, JJ. Specially Concurring Opinion: Pierce, J. Votes: Dickinson, P.J., Kitchens and Chandler, JJ., Join This Opinion. Specially Concurring Opinion: King, J. Votes: Dickinson, P.J., Kitchens, Chandler and Pierce, JJ., Join This Opinion.

Dolly E. Gray v. Framme Law Firm of MS, P.C.; and Framme Law Firm, P.C.; Holmes Circuit Court; LC Case #: 2010-0353; Ruling Date: 08/27/2012; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed by Dolly E. Gray is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. Not Participating: Pierce, J. Order entered.

Antonio Cannon v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2011-105-CR2; Ruling Date: 06/18/2012; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed by counsel on behalf of Antonio Cannon is dismissed. M.R.A.P. 17(b). To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Chandler, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. To Deny: Randolph, P.J. Order entered.

Damion Deandre Stokes a/k/a Damion D. Stokes a/k/a Damion Stokes v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CR 2011-70-JM(P1); Ruling Date: 09/20/2011; Ruling Judge: James McClure, III; Disposition: Petition for writ of certiorari filed by Damion Deandre Stokes is denied. To Deny: All Justices. Order entered.

Mississippi Valley Silica Company, Inc. v. Gwendolyn M. Reeves, Individually and as Wrongful Death Beneficiary of Robert B. Reeves, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Robert B. Reeves, Deceased; Jones Circuit Court 2nd District; LC Case #: 2007-61-CV6; Ruling Date: 07/03/2012; Ruling Judge: Billy Landrum; Disposition: Motion for rehearing filed by Appellees is denied. Waller, C.J., and Randolph, P.J., not participating.

Meadowbrook Health and Rehab, LLC v. Queen City Nursing Center, Inc., Community Living Centers, LLC d/b/a Meridian Community Living Center and Beverly Enterprises-Mississippi, Inc. d/b/a Golden Living Center-Meridian; Hinds Chancery Court 1st District; LC Case #: G2010-299-T/1; Ruling Date: 11/19/2012; Ruling Judge: J. Thomas; Disposition: Four of the justices of this Court are of the opinion that the judgment of the Hinds County Chancery Court, First Judicial District should be affirmed, and four are of the opinion that it should be reversed. Accordingly as the judgment of the Hinds County Chancery Court, First Judicial District has not been decided to be erroneous by a majority of the justices sitting in this case, we affirm, without opinion, the judgment of the Chancellor. We do not, by affirming without opinion in this particular case, establish a precedent that all cases in this procedural position will be affirmed without opinion. Appellant is taxed with costs of appeal. Agree: Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and Coleman, JJ. Disagree: Kitchens and King, JJ. Not Participating. Waller, C.J. Chandler, J., for the Court. Order entered.

Vicksburg Healthcare, LLC d/b/a River Region Health System v. Clara Dees; Warren Circuit Court; LC Case #: 10,0151-CI; Ruling Date: 01/22/2013; Ruling Judge: Isadore Patrick, Jr.; Disposition: Attorney Michael E. Winfield shall appear before this Court on Thursday, July 24, 2014, at 10:00 a.m. and show cause, if any he can, why he should not be held in contempt for failing to pay timely to the Clerk of this Court the sanctions imposed in the May 2 order. Winfield shall file a response to Vicksburg Healthcare's Motion to Hold Appellee in Contempt and Second Motion to Hold Appellee in Contempt on or before July 14, 2014. Counsel for Vicksburg Healthcare shall appear at the show-cause hearing on Thursday, July 24, 2014, at 10:00 a.m. and present Vicksburg Healthcare's Motion to Hold Appellee in Contempt and Second Motion to Hold Appellee in Contempt. Winfield is hereby given notice that a finding of contempt could result in one or more of the following: (1) having the Appellee's Brief struck; (2) entry of a judgment in favor of Vicksburg Healthcare; (3) an order that he pay the entire $2,586 in attorney's fees incurred by Vicksburg Healthcare; (4) suspension or disbarment; or (5) incarceration until Winfield purges himself of contempt. A copy of this order shall be forwarded to Winfield's client, Clara Dees, at the mailing address provided by Winfield to the Clerk of this Court. Order entered.

Frank Gideon Whitaker, IV a/k/a Frank Gideon Whitaker a/k/a Frank Whitaker v. State of Mississippi; Warren Circuit Court; LC Case #: 12,0024 CRC; Ruling Date: 01/25/2013; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Coleman, J. Disposition: Conviction of aggravated driving under the influence and sentence of twenty-five (25) years in the custody of the Mississippi Department of Corrections with ten (10) years suspended and five (5) years post-release supervision and ordered to pay $25,000 in restitution, $5,000 in fines, $104 in court costs and $280.50 in state assessments, Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion, Joined by Dickinson, P.J., and King, J. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., and King, J., Join This Opinion.

Edward M. Myers a/k/a Edward Myers v. State of Mississippi; Madison Circuit Court; LC Case #: 2006-0141; Ruling Date: 09/22/2008; Ruling Judge: Samac Richardson; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Madison County taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Pierce and Coleman, JJ., Concur. Dickinson, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Kitchens, Chandler and King, JJ. Concurring in Part and Dissenting in Part Opinion: Dickinson, P.J. Votes: Kitchens, Chandler and King, JJ., Join This Opinion.

Gregory Stalling Hopkins a/k/a Gregory S. Hopkins a/k/a Gregory Hopkins a/k/a Greg Hopkins v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-11-13; Ruling Date: 01/27/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Motion for rehearing filed by Appellant is denied.

David T. Huntington v. Margaret F. Huntington; Copiah Circuit Court; LC Case #: 2013-0063; Ruling Date: 11/12/2013; Ruling Judge: Lamar Pickard; Disposition: Petition for Permission to File Interlocutory Appeal is granted. The Notice of Appeal is deemed to have been filed, and the filing fee is due and payable to the Clerk of this Court. The appeal in this matter shall proceed in accordance with M.R.A.P. 10 and 11. To Deny: Dickinson, P.J., Lamar, Kitchens and Coleman, JJ. Order entered.

David T. Huntington v. William T. Huntington, A Minor, By and Through His Mother and Next Friend, Cindy P. Huntington, and William T. Huntington, Individually; Copiah Circuit Court; LC Case #: 2013-0064; Ruling Date: 11/12/2013; Ruling Judge: Lamar Pickard; Disposition: Petition for Permission to File Interlocutory Appeal is granted. The Notice of Appeal is deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal in this matter shall proceed in accordance with M.R.A.P. 10 and 11. To Deny: Dickinson, P.J., Lamar, Kitchens and Coleman, JJ. Order entered.

J. Allen Derivaux, Jr. v. The Mississippi Bar; LC Case #: 2010-B-928; Ruling Date: 07/23/2012; Disposition: Motion of the Mississippi Bar to Dismiss Petition is granted. See opinion of this Court handed down this date at paragraph 13.

J. Allen Derivaux, Jr. v. The Mississippi Bar; LC Case #: 2010-B-928; Ruling Date: 07/23/2012; Disposition: Petition for Reinstatement filed by J. Allen Derivaux, Jr., is dismissed. See opinion of this Court handed down this date.

J. Allen Derivaux, Jr. v. The Mississippi Bar; LC Case #: 2010-B-928; Ruling Date: 07/23/2012; Majority Opinion: Lamar, J. Disposition: Petition for reinstatement dismissed. J. Allen Derivaux, Jr., taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.