08/19/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2009-CA-01025-SCT

In the Matter of the Estate of John Davis, Deceased, Daniel M. Thompson, Deceased and Louise Thompson, Deceased, Lula Mae Davis, Deceased: Eldon Ladner and Regina Ladner Davenport v. Alberta L. O'Neill; Stone Chancery Court; LC Case #: 96-0192-4; Ruling Date: 05/20/2009; Ruling Judge: Carter Bise; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only Without Separate Written Opinion.

Tommy White v. State of Mississippi; Yalobusha Circuit Court 1st District; LC Case #: CR 2009-4 M (Y1); Ruling Date: 06/18/2009; Ruling Judge: James McClure, III; Majority Opinion: Dickinson, J. Disposition: Conviction of possession of a firearm by a convicted felon and sentence of ten (10) years, as a habitual offender, in the custody of the Mississippi Department of Corrections, with conditions, Affirmed. Yalobusha County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Simmons Law Group, P. A. and Heber S. Simmons, III v. Corporate Management, Inc.; Greene Circuit Court; LC Case #: 2008-03-030(2); Ruling Date: 03/27/2009; Ruling Judge: Kathy Jackson; Majority Opinion: Graves, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Pierce, J., not participating.

Joseph Davis, Jr. v. Nationwide Recovery Service, Inc.; Harrison Circuit Court 2nd District; LC Case #: A2402-99-00192; Ruling Date: 03/03/2009; Ruling Judge: Lisa Dodson; Majority Opinion: Carlson, P.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Dennis C. Sweet, III, and Kimberly Noel Sweet v. TCI MS, Inc., TCI MS Investments, Inc. (TCI MS Investments, Inc.); and Michael V. Cory, In His Official Capacity As A Member and Principal in the Law Firm of Danks, Miller, Hamer & Cory; Hinds Chancery Court 1st District; LC Case #: G2008-334 W/4; Ruling Date: 08/18/2009; Ruling Judge: Ray Montgomery; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Carlson, P.J., Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Dickinson, J., Dissents With Separate Written Opinion Joined by Randolph, J. Graves, P.J., not participating. Dissenting Opinion: Dickinson, J. Votes: Randolph, J., Joins This Opinion.

In Re: The Mississippi Access to Justice Commission; Disposition: On the Court's own motion, Commissioners are appointed as indicated above for the terms shown. The Court offers its sincere thanks to those retired or retiring Commissioners for their dedication to access for all persons to the Courts of Mississippi. The Clerk of the Court shall forthwith send true copies of this order to each of the Commissioners appointed and reappointed, to those retiring, and to Judge Denise Owens and H. Roger Wilder, Co-Chairs. Order entered.

Flagstar Bank, FSB v. Calvin and Jamie Danos, Individually and as Guardians and Next of Friends of Laura Matherne, a Minor, Gavin Danos, a Minor and Marissa Danos, a Minor; Lamar Circuit Court; LC Case #: 2004-108P; Ruling Date: 03/12/2007; Ruling Judge: R. Prichard, III; Disposition: Motion of Appellant Flagstar Bank, FSB to Strike Appellees' Motion to Supplement the Appellate Record is dismissed as moot. Chandler, J., not participating. Order entered.

Flagstar Bank, FSB v. Calvin and Jamie Danos, Individually and as Guardians and Next of Friends of Laura Matherne, a Minor, Gavin Danos, a Minor and Marissa Danos, a Minor; Lamar Circuit Court; LC Case #: 2004-108P; Ruling Date: 03/12/2007; Ruling Judge: R. Prichard, III; Disposition: Motion of Appellant Flagstar Bank, FSB to Accept Record on Appeal as Complete is granted. Chandler, J., not participating. Order entered.

Flagstar Bank, FSB v. Calvin and Jamie Danos, Individually and as Guardians and Next of Friends of Laura Matherne, a Minor, Gavin Danos, a Minor and Marissa Danos, a Minor; Lamar Circuit Court; LC Case #: 2004-108P; Ruling Date: 03/12/2007; Ruling Judge: R. Prichard, III; Disposition: Motion to Supplement the Appellate Record filed by the Appellees, Calvin Danos and Jamie Danos, is denied. Chandler, J., not participating. Order entered.

Flagstar Bank, FSB v. Calvin and Jamie Danos, Individually and as Guardians and Next of Friends of Laura Matherne, a Minor, Gavin Danos, a Minor and Marissa Danos, a Minor; Lamar Circuit Court; LC Case #: 2004-108P; Ruling Date: 03/12/2007; Ruling Judge: R. Prichard, III; Majority Opinion: Carlson, P.J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Circuit Court of Lamar County is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Graves, P.J., and Kitchens, J., Concur. Randolph, J., Concurs in Part and in Result With Separate Written Opinion Joined by Lamar, J.; Dickinson and Pierce, JJ., Join In Part. Dickinson, J., Dissents With Separate Written Opinion. Pierce, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Waller, C.J. Chandler, J., not participating. Concurring in Part and in Result Opinion: Randolph, J. Votes: Lamar, J., Joins This Opinion. Dickinson and Pierce, JJ., Join This Opinion in Part. Dissenting Opinion: Dickinson, J. Concurring in Part and Dissenting in Part Opinion: Pierce, J. Votes: Waller, C.J., Joins This Opinion.

Robert L. Sanders a/k/a Robert Louis Sanders v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK08-120; Ruling Date: 04/21/2008; Ruling Judge: Henry Lackey; Disposition: Robert L. Sanders' pro se petition for writ of certiorari is dismissed as untimely filed. M.R.A.P. 17(b). Order entered.

Kirk Vincent Mayers v. State of Mississippi; Rankin Circuit Court; LC Case #: 18969; Ruling Date: 09/11/2008; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Kirk Vincent Mayers is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Chandler and Pierce, JJ. To Grant: Dickinson and Kitchens, JJ. Order entered.

Rebekah Angle v. Koppers, Inc. f/k/a Koppers Industries, Inc., and Illinois Central Railroad Company, Beazer East, Inc., and Three Rivers Management, Inc.; Grenada Circuit Court; LC Case #: 2006-194-CVL; Ruling Date: 08/28/2008; Ruling Judge: Joseph Loper, Jr.; Disposition: Motion for rehearing filed by Rebekah Angle is denied. Graves, P.J., and Kitchens, J., would grant.

Wendy Ryals and Ronald Perry v. Board of Supervisors of Pike County, Mississippi; Pike Circuit Court; LC Case #: 2008-202-PCS; Ruling Date: 08/18/2008; Ruling Judge: David Strong, Jr.; Majority Opinion: Kitchens, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Each party shall bear its own costs. Votes: Graves, P.J., Dickinson, Lamar and Chandler, JJ., Concur. Carlson, P.J., Dissents With Separate Written Opinion Joined by Waller, C.J., and Pierce, J. Randolph, J., not participating. Dissenting Opinion: Carlson, P.J. Votes: Waller, C.J., and Pierce, J., Join This Opinion.