08/13/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis
X  2014-CA-00338-SCT

NC Leasing, LLC d/b/a The Nichols Center v. Nilene Junker; Madison Circuit Court; LC Case #: CI-2012-0409-JE; Ruling Date: 02/27/2014; Ruling Judge: John Emfinger; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur. Dickinson, P.J., not participating.

Drake L. Lewis v. Tonia D. (Lewis) Pagel; Harrison Chancery Court 2nd District; LC Case #: 2402 06 00747(4); Ruling Date: 03/06/2013; Ruling Judge: Carter Bise; Consolidated with 2008-CT-01362-SCT 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; Majority Opinion: Chandler, J. Disposition: Affirmed in Part, Reversed in Part, and the case is Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Coleman, JJ., Concur. Pierce, J., not participating.

Hattiesburg Health & Rehab Center, LLC d/b/a Hattiesburg Health & Rehab Center d/b/a Hattiesburg Health & Rehab v. Emma Brown, Individually, as Executor for the Estate of Leo A. Brown, and on Behalf of All Wrongful Death Beneficiaries of Leo A. Brown; Forrest Circuit Court; LC Case #: CI 14-0021; Ruling Date: 05/19/2014; Ruling Judge: Robert Helfrich; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Detrick Dewayne Harris a/k/a Detrick Harris a/k/a Detrick D. Harris v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 11-1-084; Ruling Date: 06/13/2012; Ruling Judge: Winston Kidd; Disposition: Detrick Dewayne Harris's Motion for Leave to file issuance of mandates, stay of mandate and other sufficient pleadings is in the nature of and is treated as a Petition for Writ of Certiorari. The Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Dickinson, P.J., and Kitchens, J. Order entered.

Tanya Dale Wright Sanderson v. Hobson L. Sanderson, Jr.; Monroe Chancery Court; LC Case #: CV-2008-000627-TDL; Ruling Date: 06/15/2012; Ruling Judge: Talmadge Littlejohn; Disposition: The Motion for Rehearing filed by the Appellee is denied. Dickinson and Randolph, P.JJ., and Chandler, J., would grant. Opinion modified at paragraph 24.

Benjamin Shelton a/k/a Benjamin Lee Shelton a/k/a Benny a/k/a Benjamin L. Shelton v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2009-0346-CR1H; Ruling Date: 08/24/2012; Ruling Judge: Lee Howard; Disposition: The Petition for Writ of Certiorari filed by Benjamin Shelton is denied. To Deny: All Justices. Order entered.

Nekole Bennett, Individually; B.J. by and through her Mother and Next Friend Nekole Bennett; D.B. by and through his Mother and Next Friend Nekole Bennett; and A.B. by and through her Mother and Next Friend Nekole Bennett v. Highland Park Apartments, LLC and Sharon Sampson, Individually; Hinds Circuit Court 1st District; LC Case #: 251-10-122-CIV; Ruling Date: 09/19/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: The Motion for Enlargement of Time filed by counsel for Appellants is dismissed as moot. Order entered.

Nekole Bennett, Individually; B.J. by and through her Mother and Next Friend Nekole Bennett; D.B. by and through his Mother and Next Friend Nekole Bennett; and A.B. by and through her Mother and Next Friend Nekole Bennett v. Highland Park Apartments, LLC and Sharon Sampson, Individually; Hinds Circuit Court 1st District; LC Case #: 251-10-122-CIV; Ruling Date: 09/19/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: The Motion for Rehearing filed by Sharon Sampson and Highland Park Apartments, LLC is denied. Waller, C.J., not participating.

Willie Lee Madden Jr. a/k/a Willie L. Madden Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2002-00722; Ruling Date: 08/03/2012; Ruling Judge: John Gargiulo; Disposition: The Motion for Rehearing filed by the Appellant is denied. Kitchens and King, JJ., would grant.

Michael Jackson v. Rosie Jackson; Monroe Chancery Court; LC Case #: 2009-0406-48-L; Ruling Date: 02/26/2013; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Waller, C.J. Disposition: Affirmed in Part, Reversed in Part, and the case is Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Patrick Fluker a/k/a Patrick Dantre Fluker a/k/a Patrick D. Fluker v. State of Mississippi; Forrest Circuit Court; LC Case #: CI12-0153; Ruling Date: 03/26/2013; Ruling Judge: Robert Helfrich; Disposition: The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens and King, JJ., would grant. Lamar, J., not participating.

Sammy William Ray v. Mississippi Department of Public Safety ; Hinds Circuit Court 1st District; LC Case #: 251-2011-944CIV; Ruling Date: 05/23/2013; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Lamar, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Hinds County Circuit Court is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Kayla Vaughn v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-12-0177CIV; Ruling Date: 06/21/2013; Ruling Judge: Winston Kidd; Disposition: The Petition for Writ of Certiorari filed by Kayla Vaughn is granted. To Grant: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Waller, C.J., and Coleman, J. Order entered.

Jeremy Moseley v. Tiffiny (Moseley) Smith; Harrison Chancery Court 1st District; LC Case #: C2401-00-1125; Ruling Date: 05/21/2013; Ruling Judge: Sanford Steckler; Disposition: The Petition for Writ of Certiorari filed by Jeremy Moseley is granted. To Grant: Waller, C.J., Dickinson, P.J., Chandler, Pierce and King, JJ. To Deny: Randolph, P.J., Lamar, Kitchens and Coleman, JJ. Order entered.

Ryan McClendon v. State of Mississippi; Lee Circuit Court; LC Case #: CR11-675; Ruling Date: 02/13/2013; Ruling Judge: Thomas Gardner, III; Disposition: The Petition for Writ of Certiorari filed by counsel for Ryan McClendon is denied. To Deny: All Justices. Order entered.

Francesca Munne Nordness v. Paige Faucheux; DeSoto Circuit Court; LC Case #: CV2011-210; Ruling Date: 08/13/2013; Ruling Judge: Gerald Chatham, Sr.; Disposition: The Motion for Rehearing filed by the Appellee is denied. Randolph, P.J., and Pierce, J., would grant. Lamar, J., not participating.

Sass Muni-V, LLC v. DeSoto County, Mississippi, W. E. Davis, DeSoto County Chancery Clerk, City of Horn Lake, Mississippi, Joey Treadway, Tax Collector of Desoto County, Parker Pickle, Tax Assessor of Desoto County, Marshall Investments Corporation a/k/a Marshall Investments Corporation of Minnesota, E. Franklin Childress, Jr., R. Spencer Clift, III, K. David Waddell, as Substitute Trustees and Mic-Rocky, LLC; DeSoto Chancery Court; LC Case #: 11-CV-1730; Ruling Date: 07/31/2013; Ruling Judge: Mitchell Lundy, Jr.; Disposition: The Motion for Rehearing filed by the Appellee is denied.

Legislature of the State of Mississippi v. Adrian Shipman, Mississippi Attorney General's Office and Bobby Moak, et al.; Hinds Circuit Court 1st District; LC Case #: 25CI1:15-cv-00168-WLK; Ruling Date: 04/03/2015; Ruling Judge: Winston Kidd; Disposition: The Motion to Dismiss filed by the Legislator Intervenors is denied. See Majority Opinion of this Court handed down this date at paragraph 26.

Legislature of the State of Mississippi v. Adrian Shipman, Mississippi Attorney General's Office and Bobby Moak, et al.; Hinds Circuit Court 1st District; LC Case #: 25CI1:15-cv-00168-WLK; Ruling Date: 04/03/2015; Ruling Judge: Winston Kidd; Majority Opinion: Coleman, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J. and Lamar, J., Concur. Chandler, J., Concurs in Result Only with Separate Written Opinion Joined in Part by Randolph, P.J. Randolph, P.J., Concurs in Part and in Result with Separate Written Opinion Joined In Part by Waller, C.J., and Dickinson, P.J.; Chandler, J., Joins in Part with Separate Written Opinion. Kitchens, J., Dissents with Separate Written Opinion Joined by King, J. Pierce, J., Dissents with Separate Written Opinion. Concur in Result Only Opinion: Chandler, J. Votes: Randolph, P.J., Joins This Opinion in Part. Concurring in Part and in Result Opinion: Randolph, P.J. Votes: Waller, C.J., and Dickinson, P.J., Join This Opinion in Part. Chandler, J., Joins in Part with Opinion. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion. Dissenting Opinion: Pierce, J.

In Re: Cortaia Washington; Hinds Circuit Court 1st District; LC Case #: 12-0-758CRW; Ruling Judge: Jeff Weill, Sr.; Disposition: The Petition for Writ of Interlocutory Appeal and the Petition for Writ of Extraordinary Relief are denied. Waller, C.J., Lamar, Chandler and Pierce, JJ., would deny both petitions. Kitchens and King, JJ., would grant the request for stay and take the petition for interlocutory appeal under advisement. Dickinson and Randolph, P.JJ., and Coleman, J., not participating. Order entered.