07/28/2016 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2013-CT-00131-SCT

Mitchell P. Smith and Horace Hoyt Smith v. First Bank, Christopher A. Ferrell, Cynthia Ferrell, James Ferrell and Christopher B. Ferrell, a Minor, and Christina Ferrell, a Minor by and Through Their Mother and Next Friend, Cynthia Ferrell; Lincoln Circuit Court; LC Case #: 2007-156-LS; Ruling Date: 11/04/2011; Ruling Judge: David Strong, Jr.; Disposition: The Petition for Writ of Certiorari filed by Mitchell P. Smith and Horace Hoyt Smith is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. To Grant: Randolph, P.J. Not Participating: Maxwell, J. Order entered.

Jennifer Carter v. Josh Carter; Rankin Chancery Court; LC Case #: 07-1240; Ruling Date: 09/20/2013; Ruling Judge: John Grant, III; Disposition: Within thirty days of the entry of this order, the Appellant and Appellee shall file with the Clerk of this Court a supplemental brief, not to exceed twenty-five pages in length, addressing the issues stated in the order. Not Participating: Maxwell, J. Order entered 7/22/16.

Nathaniel Walden a/k/a Nathaniel "Dude" Walden v. State of Mississippi; Holmes Circuit Court; LC Case #: 2013-0150; Ruling Date: 02/18/2014; Ruling Judge: Jannie Lewis; Disposition: The Petition for Writ of Certiorari filed by Nathaniel Walden, pro se, is granted. To Grant: Dickinson, P.J., Lamar, Kitchens, King and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Maxwell and Beam, JJ. Order entered.

Clarence DeJuan Anderson a/k/a Clarence Anderson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2013-204; Ruling Date: 11/20/2013; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Clarence Anderson's Petition for Writ of Certiorari is denied. To Deny: All Justices. Order entered.

Michael C. Molleston, M.D. v. River Oaks Hospital, Inc., River Oaks Health System d/b/a River Oaks East; Rankin Chancery Court; LC Case #: 61CH1:13cv00669; Ruling Date: 03/11/2014; Ruling Judge: William Barnett; Disposition: River Oaks Hospital's Petition for Writ of Certiorari is denied. To Deny: Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Coleman, JJ. To Grant: Waller, C.J. Not Participating: Maxwell and Beam, JJ. Order entered.

Joseph E. Davidson and Tina C. Davidson v. William Dwight Collins and Nancy L. Collins; Jackson Special Court of Eminent Domain; LC Case #: 2013-20804; Ruling Date: 01/13/2014; Ruling Judge: T. Wilson; Disposition: Joseph and Tina Davidson's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Riverboat Corporation of Mississippi d/b/a Isle of Capri Casino v. Harrison County Board of Supervisors, Tal Flurry, Tax Assessor for Harrison County, Mississippi and City of Biloxi, Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-10-0225; Ruling Date: 09/02/2014; Ruling Judge: Roger Clark; Majority Opinion: Randolph, P.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Coleman, Maxwell and Beam, JJ., Concur. King, J., Dissents with Separate Written Opinion Joined by Kitchens, J. Dissenting Opinion: King, J. Votes: Kitchens, J., Joins This Opinion.

Yahenacy Smith, a Minor, by and through her Natural Mother and Next Friend, Felicia Smith v. Leake County School District; Leake Circuit Court; LC Case #: 14-CV-204-LE-C; Ruling Date: 05/07/2015; Ruling Judge: Vernon Cotten; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Kitchens, King and Beam, JJ., Concur. Randolph, P.J., Concurs in Result Only with Separate Written Opinion Joined by Maxwell, J. Dickinson, P.J., Concurs in Part and in Result with Separate Written Opinion Joined by Coleman, J.; Lamar, J., Joins in Part. Lamar, J., Concurs in Part and in Result with Separate Written Opinion Joined by Beam, J.; Dickinson, P.J., Joins in Part. Concur in Result Only Opinion: Randolph, P.J. Votes: Maxwell, J., Joins This Opinion. Concurring in Part and in Result Opinion: Dickinson, P.J. Votes: Coleman, J., Joins This Opinion. Lamar, J., Joins This Opinion in Part. Concurring in Part and in Result Opinion: Lamar, J. Votes: Beam, J., Joins This Opinion. Dickinson, P.J., Joins This Opinion in Part.

Marlon Latodd Howell a/k/a Marlon Cox v. State of Mississippi; Union Circuit Court; LC Case #: U-2004-023; Ruling Date: 05/17/2013; Ruling Judge: Samac Richardson; Disposition: The Motion to Order New Trial based on Newly Discovered Evidence; Alternatively, Motion for Leave to file Petition for Post-Conviction Relief based on Newly Discovered Evidence filed by Marlon Latodd Howell is denied. Waller, C.J., Randolph, P.J., Lamar, Kitchens, King, Maxwell and Beam, JJ., Agree. Dickinson, P.J., Agrees in Result Only. Order entered.

Robert Swindol v. Aurora Flight Sciences Corporation; LC Case #: 14-60779; Ruling Date: 08/28/2015; Disposition: The Motion for Oral Argument/Joinder in Appellee's request for oral argument filed on behalf of the Mississippi Economic Council, the Mississippi Municipal League, and the Mississippi Manufacturers Association is denied. Order entered.

Robert Swindol v. Aurora Flight Sciences Corporation; LC Case #: 14-60779; Ruling Date: 08/28/2015; Disposition: The Motion for Rehearing filed by Aurora Flight Sciences Corporation is denied. King, J., would grant.

Jackson Residential Associates One, LLC d/b/a Van Mark Apartments v. City of Ridgeland, Mississippi; Madison Circuit Court; LC Case #: CI2014-276-JE; Ruling Date: 12/15/2015; Ruling Judge: John Emfinger; Disposition: The Motion for Leave to file Brief of Amici Curiae filed by BBC Baymeadows, LLC; Sunchase of Ridgeland, Ltd.; Everest Pinebrook, L.P.; Rainbow/Ridgeland, LLC; RR Apartments, LLC and Jordan Ridge, LLC; Oakbrook, LLC; Park Place Ridgeland, LLC; Trace Apartments, L.P.; and The Mark Apartments, L.P., is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Coleman, Maxwell and Beam, JJ. To Deny: King, J. Order entered.

John Allen Derivaux, Jr. v. The Mississippi Bar; LC Case #: 2010-B-00928; Ruling Date: 06/11/2012; Disposition: Petition of John Allen Derivaux for Reinstatement to the practice of law in the State of Mississippi is conditionally granted. See Opinion of this Court handed down this date.

John Allen Derivaux, Jr. v. The Mississippi Bar; LC Case #: 2010-B-00928; Ruling Date: 06/11/2012; Majority Opinion: Lamar, J. Disposition: Petition of John Allen Derivaux for Reinstatement to the practice of law in the State of Mississippi is conditionally granted. John Allen Derivaux is taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.