08/21/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2013-CA-00736-SCT

Charlotte Perkins v. Mississippi Department of Human Services; Monroe Circuit Court; LC Case #: CV2010-299-GM; Ruling Date: 04/05/2013; Ruling Judge: Thomas Gardner, III; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.

Weissenger Newberry, III a/k/a Weissenger Newberry v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR 2012-100 GCD; Ruling Date: 11/27/2012; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Chandler, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens and King, JJ., Concur. Coleman, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Randolph, P.J., Lamar and Pierce, JJ. Concurring in Part and Dissenting in Part Opinion: Coleman, J. Votes: Randolph, P.J., Lamar and Pierce, JJ., Join This Opinion.

Jeanette Carpenter v. Kenneth Thompson Builder, Inc., Coastal Masonry, Pro Mow Lawn Care, Inc. and Capital Security Services, Inc.; Jackson Circuit Court; LC Case #: 2010-00177(1); Ruling Date: 06/27/2011; Ruling Judge: Robert Krebs; Consolidated with 2011-CT-01033-SCT Jeanette Carpenter v. Kenneth Thompson Builder, Inc., Coastal Masonry, Pro Mow Lawn Care, Inc., Capital Security Services, Inc., Mallette Brothers Construction, Inc. and Mississippi Transportation Commission a/k/a Mississippi Department of Transportation; Jackson Circuit Court; LC Case #: 2008-00,140(2); Ruling Date: 06/27/2011; Ruling Judge: Kathy Jackson; Majority Opinion: Chandler, J. Disposition: The judgment of the Court of Appeals is Reversed and the judgments of the Jackson County Circuit Court are Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, P.J., Pierce and Coleman, JJ., Concur. Lamar, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Kitchens and King, JJ. Waller, C.J., and Dickinson, P.J., not participating. Concurring in Part and Dissenting in Part Opinion: Lamar, J. Votes: Kitchens and King, JJ., Join This Opinion.

In the Matter of the Estate of Dane Richard Eubanks, Deceased: Kathy May Huber, as Parent and Legal Guardian for and on behalf of David Randall Eubanks, Jr. v. Cecilia Eubanks, Individually and as Administratrix of the Estate of Dane Richard Eubanks, Deceased; Jackson Chancery Court; LC Case #: 2007-0310-JB; Ruling Date: 11/22/2011; Ruling Judge: Jaye Bradley; Disposition: Petition for writ of certiorari filed by the Estate of Dane Richard Eubanks is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler and King, JJ. To Deny: Kitchens and Coleman, JJ. Not Participating: Pierce, J. Order entered.

Michael Strait and Betty Strait v. Jackie McPhail and American Heritage Life Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-09-597 CIV; Ruling Date: 09/30/2011; Ruling Judge: Winston Kidd; Majority Opinion: Pierce, J. Disposition: The judgment of the Court of Appeals is Reversed. The judgment of the Hinds County Circuit Court is Reinstated and Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.

Joe H. Cotton a/k/a Joe Cotton a/k/a Joe Henry Cotton v. State of Mississippi; Tunica Circuit Court; LC Case #: 2011- 0050; Ruling Date: 04/11/2012; Ruling Judge: Charles Webster; Disposition: Motion for rehearing filed by Joe H. Cotton is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.

In the Interest of a Minor, V.D.W.: J.S.W. v. A.W.R. and T.J.S.; Lamar Chancery Court; LC Case #: 2009-0469-GN-W; Ruling Date: 03/21/2012; Ruling Judge: Johnny Williams; Disposition: Petition for writ of certiorari filed by A.W.R. and T.J.S. is granted. To Grant: All Justices. Order entered.

City of Natchez, Mississippi v. Andre De La Barre; Adams Circuit Court; LC Case #: 10-KV-0003-J; Ruling Date: 06/01/2012; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by Andre De La Barre is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Kitchens, J. Order entered.

Jerica Evans v. State of Mississippi; Yazoo Circuit Court; LC Case #: 29-1051B; Ruling Date: 04/13/2012; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed by Jerica Evans is denied. To Deny: All Justices. Order entered.

Richard (Rickey) Palermo and Shelia Palermo v. LifeLink Foundation, Inc. d/b/a LifeLink Tissue Bank; Hinds Circuit Court 1st District; LC Case #: 251-08-867; Ruling Date: 12/20/2011; Ruling Judge: Jeff Weill, Sr.; Disposition: Petition for writ of certiorari filed by Richard (Rickey) Palermo and Shelia Palermo is granted. To Grant: Kitchens, Chandler, King and Coleman, JJ. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar and Pierce, JJ. Order entered.

Robert W. Deyarmett a/k/a Robert Wayne Deyarmett a/k/a Robert Deyarmett a/k/a Robert Deymarett v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2011-00240; Ruling Date: 08/20/2012; Ruling Judge: Lisa Dodson; Disposition: Petition for writ of certiorari filed pro se by Robert W. Deyarmett is denied. To Deny: All Justices. Order entered.

In Re: The Conservatorship of Victoria Denise Newsome: Marilyn Newsome; Simpson Chancery Court; LC Case #: 2010-0146-P2; Ruling Date: 05/24/2012; Ruling Judge: David Shoemake; Consolidated with 2013-CA-01433-SCT In Re: The Conservatorship of Victoria Denise Newsome: Marilyn Newsome; Simpson Chancery Court; LC Case #: 2010-0146-P2; Ruling Date: 06/27/2013; Ruling Judge: Joe Walker; Disposition: On the Court's own motion, in the case before us, the record does not contain a petition for permission to appeal an interlocutory order pursuant to Mississippi Rule of Appellate Procedure 5. Further, the record lacks a Mississippi Rule of Civil Procedure 54(b) certification, which certifies that the interlocutory order was a final judgment. Therefore, the judgments from which this consolidated appeal was taken are not final, appealable judgments. Accordingly, this consolidated appeal is dismissed. The costs of this appeal are assessed to the Appellant. Randolph, P.J., not participating. Pierce, J., for the Court. Order entered.

Ruben Orlando Benitez a/k/a Ruben O. Benitez v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2012-326; Ruling Date: 03/07/2013; Ruling Judge: John Gargiulo; Disposition: Ruben Orlando Benitez's pro se petition for writ of certiorari is dismissed. M.R.A.P. 17(b). Order entered.

Anthony Donnell Williams a/k/a Anthony Williams a/k/a Anthony D. Williams v. State of Mississippi; Adams Circuit Court; LC Case #: 06-KR-0175-J; Ruling Date: 06/30/2009; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for writ of certiorari filed by Anthony Donnell Williams is dismissed. M.R.A.P. 17(b). To Dismiss: Dickinson, P.J., Lamar, Kitchens, Pierce and Coleman, JJ. To Deny: Waller, C.J., Randolph, P.J., Chandler and King, JJ. Order entered.