08/13/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
XX  2007-IA-02031-SCT

Derr Plantation, Inc. v. Thomas L Swarek and Thomas A. Swarek; Issaquena Chancery Court; LC Case #: 05-0004; Ruling Date: 10/25/2007; Ruling Judge: Vicki Barnes; Majority Opinion: Chandler, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Lamar, Kitchens and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only Without Separate Written Opinion. Randolph, J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., Carlson, P.J., Lamar, Chandler and Pierce, JJ.; Graves, P.J., Joins In Part. Dickinson, J., not participating. Specially Concurring Opinion: Randolph, J. Votes: Waller, C.J., Carlson, P.J., Lamar, Chandler and Pierce, JJ., Join This Opinion. Graves, P.J., Joins This Opinion in Part.

Ann Odem Hillman v. William B. Weatherly; Harrison Circuit Court 1st District; LC Case #: A2401-2002-00533; Ruling Date: 02/29/2008; Ruling Judge: Roger Clark; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens and Pierce, JJ., Concur. Dickinson, J., not participating.

In Re: The Mississippi Access to Justice Commission; Disposition: The Court grants its own motion for the appointment to fill certain vacancies on the Mississippi Access to Justice Commission and for the adjustment of the terms of the Co-Chairs. The individuals named in the order are appointed to those positions indicated and for the terms shown. Each Co-Chair shall serve for the term to which she is appointed; thereafter, the term of the position which she occupies shall be three years. The Court offers its sincere thanks to those retired or retiring commissioners for their dedication to the principle of access to justice for all persons coming before the Courts of Mississippi. The Clerk of the Court shall forthwith send true copies of this order to each Commissioner appointed and reappointed and to those retiring. Order entered.

John Anthony Magyar v. State of Mississippi; Washington Circuit Court; LC Case #: CI2007-39; Ruling Date: 04/05/2007; Ruling Judge: W. Hines; Majority Opinion: Dickinson, J. Disposition: Affirmed. Washington County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only. Kitchens, J., Concurs with Separate Written Opinion Joined by Waller, C.J., Carlson, P.J., Dickinson, Lamar and Pierce, JJ. Chandler, J., not participating. Concurring Opinion: Kitchens, J. Votes: Waller, C.J., Carlson, P.J., Dickinson, Lamar and Pierce, JJ., Join This Opinion.

William J. Leitch, Jr. v. Mississippi Insurance Guaranty Association; DeSoto Circuit Court; LC Case #: CV2004-0195RD; Ruling Date: 06/26/2007; Ruling Judge: Robert Chamberlin; Disposition: The petition for writ of certiorari filed by William J. Leitch, Jr., is granted. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Lamar and Pierce, JJ. To Deny: Graves, P.J., Randolph, Kitchens and Chandler, JJ. Order entered.

Public Employees' Retirement System v. Joyce Dozier; Hinds Circuit Court 1st District; LC Case #: 251-04-0248CIV; Ruling Date: 01/25/2007; Ruling Judge: Tomie Green; Disposition: The petition for writ of certiorari filed by Joyce Dozier was granted by order of this Court on May 14, 2009. The Court finds that the petition was improvidently granted and should be dismissed. The petition for writ of certiorari filed by Joyce Dozier is dismissed as improvidently granted. Chandler, J., not participating. Graves, P.J., for the Court. Order entered.

Mark C. Modak-Truran and Anita K. Modak-Truran v. Mayor Harvey Johnson, In His Official Capacity Only, The City Council of Jackson, Mississippi, Carol N. Simmons and William J. Simmons, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-04-1096CIV; Ruling Date: 12/04/2007; Ruling Judge: Bobby DeLaughter; Consolidated with 2008-CA-00105-SCT Daniel M. Baker and Katherine Baker v. Mayor Harvey Johnson, In His Official Capacity Only, and The City Council of Jackson, Mississippi and Carol and William Simmons, Deceased d/b/a The Fairview Inn; Hinds Circuit Court 1st District; LC Case #: 251-04-1907CIV; Ruling Date: 12/04/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: Kitchens, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Randolph and Pierce, JJ., Concur. Carlson, P.J., Dissents With Separate Written Opinion Joined by Lamar and Chandler, JJ. Dissenting Opinion: Carlson, P.J. Votes: Lamar and Chandler, JJ., Join This Opinion.

Judy Wilbanks v. State of Mississippi; Tippah Circuit Court; LC Case #: T07-130; Ruling Date: 12/12/2007; Ruling Judge: Andrew Howorth; Disposition: The petition for writ of certiorari filed by Judy Wilbanks is denied. To Deny: All Justices. Order entered.

Albert Garcia v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV-2007-0283CD; Ruling Date: 12/10/2007; Ruling Judge: Robert Chamberlin; Disposition: The petition for writ of certiorari filed pro se by Albert Garcia is denied. To Deny: All Justices. Order entered.

J.K. v. R.K.; Hinds Chancery Court 1st District; LC Case #: G2001-1980 0/3; Ruling Date: 05/20/2008; Ruling Judge: Denise Owens; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Randolph, Lamar and Chandler, JJ., Concur. Carlson, P.J., Dickinson and Kitchens, JJ., not participating.