Supreme Court of MississippiHand Down List
July 26, 2012
07/26/2012 - Hand Down and published opinions in WordPerfect/ZIP format
King, Leslie D.
X 2011-CA-00163-SCT
University of Mississippi Medical Center v. Barbara Lanier, Individually and on Behalf of the Heirs at Law of Darrell Gill, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-00-42CIV; Ruling Date: 12/02/2010; Ruling Judge: S. Harrison; Majority Opinion: King, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Randolph, J., Concurs in Result Only Without Separate Written Opinion.
Randolph, Michael K.
X 2010-CA-01104-SCT
Town Creek Master Water Management District of Lee, Pontotoc, Prentiss, and Union Counties, Mississippi v. Denton Webb, Ruby Webb, Rachael Webb and Dan W. Webb; Lee Chancery Court; LC Case #: 46077; Ruling Date: 06/09/2010; Ruling Judge: Percy Lynchard, Jr.; Consolidated with 2003-CA-02270-SCT Denton Webb, Ruby Webb, Rachael Webb and Dan W. Webb v. Town Creek Master Water Management District of Lee, Pontotoc, Prentiss and Union Counties; and John Morgan, Jimmy Bucy, Kenneth Oswalt and Houston Pannell in Their Official Capacities as Members of the Board of Commissioners of Town Creek Master Water Management District of Lee, Pontotoc, Prentiss and Union Counties; Lee Chancery Court; LC Case #: 46,077; Ruling Date: 09/13/2003; Ruling Judge: Woodrow Brand, Jr.; Majority Opinion: Randolph, J. Disposition: On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.
EN BANC
89-R-99033-SCT
In Re: Uniform Rules of Youth Court Practice; Disposition: Petition To Amend Certain Rules of the Mississippi Uniform Rules of Youth Court Practice filed by the Mississippi Council of Youth Court Judges is granted. The Uniform Rules of Youth Court Practice are amended as set forth in Exhibit A to this order. The Clerk of this Court shall enter this order upon the minutes of this Court and shall forward a certified copy to West Publishing Company for Publication in the Southern Reporter, Third Series, (Mississippi Edition) and the Mississippi Rules of Court. To Grant: All Justices. Order entered.
EN BANC
2009-CT-01529-SCT
Robert Michael Fulton v. Mississippi Farm Bureau Casualty Insurance Company ; Yazoo Circuit Court; LC Case #: 2008-CI02; Ruling Date: 04/17/2009; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed by counsel for Mississippi Farm Bureau Casualty Insurance Company is granted. To Grant: Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ. To Deny: Waller, C.J., Kitchens, Chandler and King, JJ. Order entered.
EN BANC
XX 2009-CT-01955-SCT
In the Matter of the Petition of William Smith and Wife Sarah Smith for the Adoption of Jason Wells, a Minor Child: Tara Wells
v. William Smith and Sarah Smith; Tippah Chancery Court; LC Case #: 2008-160-A; Ruling Date: 10/30/2009; Ruling Judge: Glenn Alderson; Majority Opinion: Waller, C.J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Tippah County Chancery Court is Affirmed. Appellant taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by King, J. Dissenting Opinion: Dickinson, P.J. Votes: King, J., Joins This Opinion.
EN BANC
2010-CT-00683-SCT
Falanda Wilson v. Baptist Memorial Hospital - North Mississippi, Inc. and Jane Doe; Lafayette Circuit Court; LC Case #: L09-349; Ruling Date: 04/26/2010; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed by Baptist Memorial Hospital - North Mississippi, Inc., is denied. To Deny: Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and King, JJ. To Grant: Waller, C.J., Randolph and Pierce, JJ. Order entered.
EN BANC
2010-CT-00777-SCT
Johnny Ray Sims v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K2007-00400H; Ruling Date: 04/02/2010; Ruling Judge: Prentiss Harrell; Disposition: Petition for writ of certiorari filed pro se by Johnny Ray Sims is denied. To Deny: All Justices. Order entered.
EN BANC
2010-CT-02094-SCT
Marquis T. Townes a/k/a Marquis Tantorin Townes a/k/a Marquis Townes v. State of Mississippi; Tate Circuit Court; LC Case #: CR2010-74-MT; Ruling Date: 12/13/2010; Ruling Judge: James McClure, III; Disposition: Petition for writ of certiorari filed by Marquis T. Townes is dismissed. To Dismiss: Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Waller, C.J., Randolph and King, JJ. Order entered.
EN BANC
X 2011-CA-00842-SCT
Mississippi Department of Revenue v. Pikco Finance, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-11-75 CIV; Ruling Date: 05/09/2011; Ruling Judge: William Gowan, Jr.; Majority Opinion: Carlson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Randolph, Lamar, Chandler, Pierce and King, JJ., Concur. Kitchens, J., not participating.
EN BANC
XX 2011-IA-00859-SCT
The City of Jackson, Mississippi, and The City of Jackson Police Department v. Shalandria Shavers, Individually, and on Behalf of all the Wrongful Death Beneficiaries, and Heirs of Law of Doris Shavers, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-08-486CIV; Ruling Date: 05/27/2011; Ruling Judge: Winston Kidd; Majority Opinion: Waller, C.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ., Concur. Chandler, J., Dissents With Separate Written Opinion Joined by Kitchens and King, JJ. Dissenting Opinion: Chandler, J. Votes: Kitchens and King, JJ., Join This Opinion.
EN BANC
2011-IA-01624-SCT
Mississippi Department of Human Services and Frank Hartley, Jr. v. John D. Watts and Lenita S. Watts; Lincoln Chancery Court; LC Case #: 858; Ruling Date: 10/13/2011; Ruling Judge: Edward Patten, Jr.; Disposition: On the Court's own motion, Motion to Join Interlocutory Appeal filed by Frank Hartley, Jr., is granted. We vacate this Court's February 7, 2012 order dismissing Frank Hartley, Jr.'s Motion to Join Interlocutory Appeal. Pierce, J., not participating. Order entered.
EN BANC
2012-IA-00704-SCT
Syble I. Hall v. Kimberly M. Dukes and Oscar Dukes ; Smith Circuit Court; LC Case #: 2010-419; Ruling Date: 04/13/2012; Ruling Judge: Eddie Bowen; Disposition: Petition for Interlocutory Appeal filed by counsel for Syble I. Hall 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 Order Overruling Motion for Change of Venue entered April 24, 2012 in the Circuit Court of Smith County, case No. 2010-419, is reversed and this matter is remanded to the Circuit Court of Smith County for entry of an order transferring said case to an appropriate venue. Kimberly M. Dukes is taxed with all costs of this appeal. Agreed: All Justices. Carlson, P.J., for the Court. Order entered.