08/02/2012 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2011-AN-00016-SCT

In The Matter of The Extension of The Boundaries of the City of Tupelo, Mississippi: City of Saltillo, Mississippi, Lee County, Mississippi, Palmetto-Old Union Fire Protection District, Belden Fire Protection District, and Unity Fire Protection District v. City of Tupelo, Mississippi; Lee Chancery Court; LC Case #: 08-1446-41; Ruling Date: 12/17/2010; Ruling Judge: Edward Prisock; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler and King, JJ., Concur. Lamar, J., not participating.

D.P. Holmes Trucking, LLC v. Lester Butler; Copiah Circuit Court; LC Case #: 2006-0118; Ruling Date: 06/13/2011; Ruling Judge: Lamar Pickard; Majority Opinion: Pierce, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler and King, JJ., Concur. Kitchens, J., not participating.

Daniel C. Flye and Lowndes County District 1 Fire Department v. Milton Spotts and Brenda Spotts; Lowndes Circuit Court; LC Case #: 2009-0018-CV1; Ruling Date: 09/24/2010; Ruling Judge: Lee Howard; Majority Opinion: Lamar, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler, Pierce and King, JJ., Concur.

Anadarko Petroleum Corporation v. State Oil & Gas Board of Mississippi and Kelly Oil Company; Hinds Chancery Court 1st District; LC Case #: G-2010-823S/2; Ruling Date: 05/10/2011; Ruling Judge: William Singletary; Majority Opinion: Waller, C.J. Disposition: Vacated and Remanded. Appellees taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rules 6, 28, 46, 22, 29, 31 and 32 of the Mississippi Rules of Appellate Procedure are amended as set forth in Exhibit "A" hereto. These amendments are effective on August 2, 2012. 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). Order entered.

Timothy Dupuis v. State of Mississippi; Lincoln Circuit Court; LC Case #: 2005-101-LS; Ruling Date: 09/05/2006; Ruling Judge: Michael Taylor; Disposition: Petition for writ of certiorari filed pro se by Timothy Dupuis is dismissed as untimely filed. To Dismiss: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens and Pierce, JJ. To Deny: Dickinson, P.J. Not Participating: Chandler and King, JJ. Dickinson, P.J., Objects to the Order with Separate Written Statement. Order entered.

Shirley Cumberland Taylor v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2008-363; Ruling Date: 07/31/2009; Ruling Judge: Roger Clark; Disposition: Petition for writ of certiorari filed by counsel for Shirley Cumberland Taylor is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Chandler, Pierce and King, JJ. To Grant: Kitchens, J. Order entered.

Roundstone Development, LLC v. City of Natchez, Mississippi and The Mayor & Board of Aldermen of the City of Natchez, Mississippi; Adams Circuit Court; LC Case #: 08-KV-0021-J; Ruling Date: 01/14/2010; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by Roundstone Development, LLC is granted. To Grant: Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Waller, C.J., and Carlson, P.J. Not Participating: Randolph, J. Order entered.

Derrick T. Williams v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 664-08; Ruling Date: 01/26/2010; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed pro se by Derrick T. Williams is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J., and Kitchens, J. Order entered.

Stacey Pickering, In His Capacity as Auditor for the State of Mississippi v. Jim Hood, Attorney General, ex rel State of Mississippi; Hinds Chancery Court 1st District; LC Case #: G2004-1542; Ruling Date: 04/28/2010; Ruling Judge: Denise Owens; Disposition: Motion to Amend Mandate to Reflect Opinion of the Court filed by the State Auditor is granted. The prior opinions are withdrawn and these opinions are substituted therefor. On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Affirmed. See opinion of this Court handed down this date at paragraph 1.

Stacey Pickering, In His Capacity as Auditor for the State of Mississippi v. Jim Hood, Attorney General, ex rel State of Mississippi; Hinds Chancery Court 1st District; LC Case #: G2004-1542; Ruling Date: 04/28/2010; Ruling Judge: Denise Owens; Majority Opinion: Dickinson, P.J. Disposition: The Auditor's unopposed Motion to Amend Mandate to Reflect Opinion of the Court is granted. The prior opinions are withdrawn and these opinions are substituted therefor. On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Affirmed. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ., Concur. Pierce, J., Specially Concurs With Separate Written Opinion Joined by Dickinson, P.J., Randolph and Lamar, JJ. King, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Specially Concurring Opinion: Pierce, J. Votes: Dickinson, P.J., Randolph and Lamar, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: King, J. Votes: Kitchens and Chandler, JJ., Join This Opinion.

Robert Smith v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2010-0001-M; Ruling Date: 05/28/2010; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed pro se by Robert Smith is denied. To Deny: All Justices. Order entered.

Denbury Onshore, LLC v. Precision Welding, Inc.; Lincoln Circuit Court; LC Case #: 2007-100-LS; Ruling Date: 08/12/2010; Ruling Judge: David Strong, Jr.; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar and Pierce, JJ., Concur. King, J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Waller, C.J., not participating. Dissenting Opinion: King, J. Votes: Kitchens and Chandler, JJ., Join This Opinion.

Scott James Johnson v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B-2401-09-655; Ruling Date: 09/09/2010; Ruling Judge: Lisa Dodson; Disposition: Petition for writ of certiorari filed by Scott James Johnson is denied. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler, Pierce and King, JJ. To Grant: Dickinson, P.J., and Kitchens, J. Order entered.

River Oaks Hospital, LLC D/B/A River Oaks Hospital, and Dr. William Ashley Hood v. Annette Davis As The Natural Mother And On Behalf Of All The Heirs At Law And Wrongful Death Beneficiaries of Katrina A. Davis, Deceased; Simpson Circuit Court; LC Case #: 2010-346; Ruling Date: 04/11/2012; Ruling Judge: Eddie Bowen; Disposition: Petition for Interlocutory Appeal filed by counsel for River Oaks Hospital and Dr. William Ashley Hood is denied. To Deny: Carlson and Dickinson, P.JJ., Lamar, Kitchens, Pierce and King, JJ. To Grant: Waller, C.J., and Randolph, J. Not Participating: Chandler, J. Order entered.

In Re: Order Establishing Civil and Criminal Divisions in the Hinds County Circuit Court; Hinds Circuit Court 1st District; Ruling Judge: William Gowan, Jr.; Disposition: On the Court's own motion, the implementation and the effective date of the Order Establishing Civil and Criminal Divisions in the Hinds County Circuit Court, filed in the Circuit Court of the First Judicial District of Hinds County on April 17, 2012, are hereby stayed until further order of this Court. All parties may file supplemental pleadings addressing the constitutionality of Section 9-7-25(2), as well as any other issues the parties and the Attorney General deem appropriate. Any supplemental pleadings are due within fourteen days of the date of entry of this Order. The Attorney General of the State of Mississippi is invited to respond pursuant to Rule 44 of the Mississippi Rules of Appellate Procedure. The response is due within fourteen days of the date of entry of this order. Not participating: Waller, C.J. Order entered.

Mississippi Power Company, Inc. v. Mississippi Public Service Commission and Thomas A. Blanton; LC Case #: 2011-UN-0135; Ruling Date: 06/22/2012; Disposition: Motion to Implement Interim Rates filed by Mississippi Power Company, Inc., is denied. Motion to File Document Under Seal is dismissed. Motion to Expedite Appeal is granted in part. Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler, Pierce and King, JJ., Agree. Waller, C.J., Not Participating. Order entered.