08/12/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2009-KA-00420-SCT

James David Poole a/k/a Jim v. State of Mississippi; Monroe Circuit Court; LC Case #: CR-2008-000085; Ruling Date: 02/27/2009; Ruling Judge: Paul Funderburk; Majority Opinion: Dickinson, J. Disposition: Conviction of statutory rape and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with ten (10) years suspended, and five (5) years of post-release supervision, with conditions, Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

Crawford Logging, Inc. v. The Estate of Roswell Irving, Jr., Deceased; Carla Irving Forte, Norma Irving King and Kelvin Edwin Irving, As Wrongful Death Beneficiaries, Surviving Children and Sole Surviving Heirs at Law of Roswell Irving, Jr., Deceased; Hinds Circuit Court 1st District; LC Case #: 251-04-1265-CIV; Ruling Date: 08/26/2008; Ruling Judge: Winston Kidd; Majority Opinion: Graves, P.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Carlson, P.J., Kitchens, Chandler and Pierce, JJ., Concur. Waller, C.J., Concurs in Part and in Result With Separate Written Opinion Joined by Dickinson, Randolph and Lamar, JJ. Concurring in Part and in Result Opinion: Waller, C.J. Votes: Dickinson, Randolph and Lamar, JJ., Join This Opinion.

Thomas Irby v. State of Mississippi; Clarke Circuit Court; LC Case #: 2008-124; Ruling Date: 05/13/2009; Ruling Judge: Robert Bailey; Majority Opinion: Carlson, P.J. Disposition: Conviction of DUI Maiming and sentence of twenty-five (25) years in the Custody of the Mississippi Department of Corrections, as a Habitual Offender, without reduction, suspension, probation, parole or any other type early release or reduction, Affirmed. Appellant shall pay court costs of $368.50, a fine of $1,000.00, pay $1,000.00 AB fee and $3,000.00 restitution for Justin Miller. Clarke County taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Gregory Wayne Hudson v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR-06-104; Ruling Date: 01/25/2008; Ruling Judge: James Pounds; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Dickinson, Randolph, Lamar and Pierce, JJ. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Kitchens and Chandler, JJ. Order entered.

Omnova Solutions, Inc. v. Theresa Lipa; Lowndes Circuit Court; LC Case #: 2007-0094-CV1; Ruling Date: 02/27/2008; Ruling Judge: Lee Howard; Disposition: Lipa's Motion for Statutory Penalties is denied. See Opinion of this Court handed down this date at Footnote 13.

Omnova Solutions, Inc. v. Theresa Lipa; Lowndes Circuit Court; LC Case #: 2007-0094-CV1; Ruling Date: 02/27/2008; Ruling Judge: Lee Howard; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar and Chandler, JJ., Concur. Pierce, J., Dissents With Separate Written Opinion Joined by Graves, P.J., and Kitchens, J. Dissenting Opinion: Pierce, J. Votes: Graves, P.J., and Kitchens, J., Join This Opinion.

The Estate of Ardelua Johnson, By and Through Allie Shaw, Individually and as Executrix of the Estate of Ardelua Johnson, and for the use and Benefit of the Wrongful Death Beneficiaries of Ardelua Johnson v. Graceland Care Center of Oxford, LLC, Graceland Management Company, Inc., Graceland Holdings, L. P., Graceland Inc., Lafayette LTD, Inc., Katie M. Overstreet Qtip Trust, Katie M. Overstreet Trust, Larry Overstreet and John B. ("Ley") Falkner, Mary Wilson; Lafayette Circuit Court; LC Case #: L06-347; Ruling Date: 03/28/2008; Ruling Judge: Henry Lackey; Consolidated with 2008-IA-01762-SCT DeSoto Healthcare, Inc. d/b/a DeSoto Healthcare Center v. Timothy Conley; DeSoto Circuit Court; LC Case #: CV2008-0175CD; Ruling Date: 10/02/2008; Ruling Judge: Robert Chamberlin; Disposition: The appellees in No. 2008-CA-00688-SCT and appellant in No. 2008-IA-01762-SCT Motion for Correction of Opinion is granted. Order entered.

The Estate of Ardelua Johnson, By and Through Allie Shaw, Individually and as Executrix of the Estate of Ardelua Johnson, and for the use and Benefit of the Wrongful Death Beneficiaries of Ardelua Johnson v. Graceland Care Center of Oxford, LLC, Graceland Management Company, Inc., Graceland Holdings, L. P., Graceland Inc., Lafayette LTD, Inc., Katie M. Overstreet Qtip Trust, Katie M. Overstreet Trust, Larry Overstreet and John B. ("Ley") Falkner, Mary Wilson; Lafayette Circuit Court; LC Case #: L06-347; Ruling Date: 03/28/2008; Ruling Judge: Henry Lackey; Consolidated with 2008-IA-01762-SCT DeSoto Healthcare, Inc. d/b/a DeSoto Healthcare Center v. Timothy Conley; DeSoto Circuit Court; LC Case #: CV2008-0175CD; Ruling Date: 10/02/2008; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied. The previous opinion is withdrawn, and this opinion is substituted therefor. As to 2008-CA-00688-SCT - Estate of Johnson v. Graceland Care Center of Oxford, LLC; Reversed and Remanded. As to 2008-IA-01762-SCT - DeSoto Healthcare, Inc. v. Conley; Affirmed and Remanded.

The Estate of Ardelua Johnson, By and Through Allie Shaw, Individually and as Executrix of the Estate of Ardelua Johnson, and for the use and Benefit of the Wrongful Death Beneficiaries of Ardelua Johnson v. Graceland Care Center of Oxford, LLC, Graceland Management Company, Inc., Graceland Holdings, L. P., Graceland Inc., Lafayette LTD, Inc., Katie M. Overstreet Qtip Trust, Katie M. Overstreet Trust, Larry Overstreet and John B. ("Ley") Falkner, Mary Wilson; Lafayette Circuit Court; LC Case #: L06-347; Ruling Date: 03/28/2008; Ruling Judge: Henry Lackey; Consolidated with 2008-IA-01762-SCT DeSoto Healthcare, Inc. d/b/a DeSoto Healthcare Center v. Timothy Conley; DeSoto Circuit Court; LC Case #: CV2008-0175CD; Ruling Date: 10/02/2008; Ruling Judge: Robert Chamberlin; Majority Opinion: Pierce, J. Disposition: The motion for rehearing is denied. The previous opinion is withdrawn, and this opinion is substituted therefor. As to 2008-CA-00688-SCT - Estate of Johnson v. Graceland Care Center of Oxford, LLC; Reversed and Remanded. As to 2008-IA-01762-SCT- DeSoto Healthcare, Inc. v. Conley; Affirmed and Remanded. As to 2008-CA-00688-SCT - Appellees taxed with costs of appeal. As to 2008-IA-01762-SCT - Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur.

Christopher Wade Elliott v. State of Mississippi; Marion Circuit Court; LC Case #: 2007-0260; Ruling Date: 03/24/2008; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by counsel for Christopher Wade Elliott is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. To Grant: Chandler, J. Order entered.

Drake L. Lewis v. Tonia D. Lewis; Harrison Chancery Court 2nd District; LC Case #: C2402-06-00747(4); Ruling Date: 07/11/2008; Ruling Judge: Carter Bise; Disposition: Petition for writ of certiorari filed by Tonia D. Lewis is granted. To Grant: Carlson, P.J., Dickinson, Randolph, Lamar and Chandler, JJ. To Deny: Graves, P.J., and Kitchens, J. To Dismiss as Untimely: Waller, C.J, and Pierce, J. Order entered.

DeSoto Healthcare, Inc. d/b/a DeSoto Healthcare Center v. Timothy Conley; DeSoto Circuit Court; LC Case #: CV2008-0175CD; Ruling Date: 10/02/2008; Ruling Judge: Robert Chamberlin; Consolidated with 2008-CA-00688-SCT The Estate of Ardelua Johnson, By and Through Allie Shaw, Individually and as Executrix of the Estate of Ardelua Johnson, and for the use and Benefit of the Wrongful Death Beneficiaries of Ardelua Johnson v. Graceland Care Center of Oxford, LLC, Graceland Management Company, Inc., Graceland Holdings, L. P., Graceland Inc., Lafayette LTD, Inc., Katie M. Overstreet Qtip Trust, Katie M. Overstreet Trust, Larry Overstreet and John B. ("Ley") Falkner, Mary Wilson; Lafayette Circuit Court; LC Case #: L06-347; Ruling Date: 03/28/2008; Ruling Judge: Henry Lackey; Disposition: The appellees in No. 2008-CA-00688-SCT and appellant in No. 2008-IA-01762-SCT Motion for Correction of Opinion is granted. Order entered.

DeSoto Healthcare, Inc. d/b/a DeSoto Healthcare Center v. Timothy Conley; DeSoto Circuit Court; LC Case #: CV2008-0175CD; Ruling Date: 10/02/2008; Ruling Judge: Robert Chamberlin; Consolidated with 2008-CA-00688-SCT The Estate of Ardelua Johnson, By and Through Allie Shaw, Individually and as Executrix of the Estate of Ardelua Johnson, and for the use and Benefit of the Wrongful Death Beneficiaries of Ardelua Johnson v. Graceland Care Center of Oxford, LLC, Graceland Management Company, Inc., Graceland Holdings, L. P., Graceland Inc., Lafayette LTD, Inc., Katie M. Overstreet Qtip Trust, Katie M. Overstreet Trust, Larry Overstreet and John B. ("Ley") Falkner, Mary Wilson; Lafayette Circuit Court; LC Case #: L06-347; Ruling Date: 03/28/2008; Ruling Judge: Henry Lackey; Disposition: The motion for rehearing is denied. The previous opinion is withdrawn, and this opinion is substituted therefor. As to 2008-CA-00688-SCT - Estate of Johnson v. Graceland Care Center of Oxford, LLC; Reversed and Remanded. As to 2008-IA-01762-SCT - DeSoto Healthcare, Inc. v. Conley; Affirmed and Remanded.

Glenn Payton, Jr. v. State of Mississippi; Forrest Circuit Court; LC Case #: 08-445-CR; Ruling Date: 01/08/2009; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by Glenn Payton, Jr., is denied. To Deny: All Justices. Order entered.

Baptist Memorial Hospital-Golden Triangle, Inc. v. George V. Smith, M.D.; Lowndes Circuit Court; LC Case #: 2004-0047-CV1; Ruling Date: 05/08/2009; Ruling Judge: James Kitchens, Jr.; Disposition: Appellant's Petition for Interlocutory Appeal was granted by this Court on July 9, 2009. The Court finds that the petition for interlocutory appeal was improvidently granted and is hereby dismissed. Randolph and Kitchens, JJ., would not dismiss. Pierce, J., for the Court. Order entered.

Oakwood Capital Management, LLC v. Margaret Lisa Longenecker Donovan, Harry Donovan, Renasant Bank, Michael Thomas Isaac Donovan and Jonathan Bryan Allen Donovan and Kimberly Lauren Elizabeth Donovan; Monroe Chancery Court; LC Case #: 94-443; Ruling Date: 07/14/2009; Ruling Judge: C. Malski; Disposition: Motion for rehearing filed by Margaret Lisa Longenecker Donovan and Harry Donovan is denied. Graves, P.J., would grant. Lamar, J., not participating.

Freddie L. Knox, Tyangela Knox, Yolanda Knox, Natasha Knox, Freddie L. Knox, as the Natural Father and Legal Guardian of Kenyatta Knox, Jeremy Knox, Kishun Knox, Freddie L. Knox, as the Administrator of the Estate of Mary L. Knox, Being all the Wrongful Death Heirs of Mary L. Knox, Freddie L. Knox, as the Administrator of the Estate of Lakidra Ramone Knox, Being all the Wrongful Death Heirs of Lakidra Ramone Knox, Fredrick Knox , Markeya Knox, Walter Watson and Yolanda Knox, as the Administrator of the Estate of Deliya Watson, Being all the Wrongful Death Heirs of Deliya Watson v. Russell Mahalitc d/b/a Magnolia Plantation, et al.; Washington Circuit Court; LC Case #: CV-2008-0055-CI; Ruling Date: 07/16/2009; Ruling Judge: Richard Smith; Disposition: Motion for Reconsideration filed by appellants is granted. Order entered.