08/26/2021 - Hand Down and published opinions in WordPerfect/ZIP format

Chamberlin, Robert P., J.
XXX  2019-CA-01506-SCT

Philip T. Cascio, Jr. v. Cascio Investments, LLC, Jackie Cascio Pearson and Phyllis Cascio; Washington Circuit Court; LC Case #: 2018-0008CI; Ruling Date: 09/23/2019; Ruling Judge: Richard Smith; Majority Opinion: Chamberlin, J. Disposition: On Direct Appeal: Affirmed in Part; Reversed and Rendered in Part. On Cross-Appeal: Affirmed. Appellant and Appellees taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Maxwell, Beam and Ishee, JJ., Concur. Randolph, C.J., Concurs in Part and Dissents in Part with Separate Written Opinion. Griffis, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Coleman, J.; Randolph, C.J., Joins in Part. Concurring in Part and Dissenting in Part Opinion: Randolph, C.J. Concurring in Part and Dissenting in Part Opinion: Griffis, J. Votes: Coleman, J., Joins This Opinion. Randolph, C.J., Joins This Opinion in Part.

In Re: Commission on Mandatory Continuing Legal Education; Disposition: The Mississippi Commission on Continuing Legal Education's Petition is granted. Rule 1 of the Rules and Regulations for Mandatory Continuing Legal Education is hereby amended as set forth in Exhibit A. The amendment is effective on August 1, 2021. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). All Justices Agree. Order entered 8/20/21.

Eddie Dudley v. State of Mississippi; Washington Circuit Court; LC Case #: 24,475; Ruling Judge: Carol White-Richard; Disposition: The Application to Proceed in the Trial Court filed by Eddie Dudley, pro se, is denied. To Deny with Sanctions Warning: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered 8/17/21.

Eugene Ealy v. State of Mississippi; Madison Circuit Court; LC Case #: 2005-0135-E; Ruling Date: 09/18/2017; Ruling Judge: John Emfinger; Disposition: The Petition for Certiorari filed by Eugene Ealy is denied. To Deny: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens and King, P.JJ. Order entered 8/19/21.

James L. Hughes v. Sandra Humphreys Shipp, David Shipp, Individually, David Shipp d/b/a Rose Lake LLC, and Rose Lake LLC; Yazoo Chancery Court; LC Case #: 82CH1:17-cv-00182; Ruling Date: 09/13/2018; Ruling Judge: James Walker; Majority Opinion: Maxwell, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and Appellees taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Coleman, Beam, Chamberlin and Ishee, JJ., Concur. Griffis, J., Dissents with Separate Written Opinion Joined by Randolph, C.J. Dissenting Opinion: Griffis, J. Votes: Randolph, C.J., Joins This Opinion.

Lavar Williams a/k/a Lavar D. Williams a/k/a Lavar Daunte Williams a/k/a Boo Love v. State of Mississippi; Madison Circuit Court; LC Case #: 2018-0305; Ruling Date: 06/18/2019; Ruling Judge: Dewey Arthur; Disposition: The Petition for Writ of Certiorari filed by Lavar Williams is granted. To Grant: Kitchens and King, P.JJ., Coleman, Chamberlin and Ishee, JJ. To Deny: Randolph, C.J., Maxwell, Beam and Griffis, JJ. Order entered 8/19/21.

Brenda Cook v. Amos Taylor; Quitman Circuit Court; LC Case #: 2018-0010; Ruling Date: 08/15/2019; Ruling Judge: Linda Coleman; Disposition: Amos Taylor's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Coleman and Griffis, JJ. Order entered 8/18/21.

Duane Robert Henderson v. State of Mississippi; Rankin Circuit Court; LC Case #: 29626; Ruling Date: 08/13/2019; Ruling Judge: Dewey Arthur; Disposition: The Motion for Rehearing filed by the Appellant is denied. Kitchens and King, P.JJ., would grant.

Philip T. Cascio, Jr. v. Cascio Investments, LLC, Jackie Cascio Pearson and Phyllis Cascio; Washington Circuit Court; LC Case #: 2018-0008CI; Ruling Date: 09/23/2019; Ruling Judge: Richard Smith; Disposition: The Motion for Attorney's Fees filed by Appellees/Cross-Appellants is granted in part. See opinion of this Court handed down this date.

Mississippi Farm Bureau Casualty Insurance Company v. Jean S. Hardin; Greene Circuit Court; LC Case #: 21CI1:16-cv-00181; Ruling Date: 03/16/2020; Ruling Judge: Michael Ward; Disposition: The Motion for Rehearing filed by Appellee is denied.

Justin McPhail v. Collette E. McPhail; Grenada Chancery Court; LC Case #: 22CH1:12-cv-00132; Ruling Date: 02/24/2021; Ruling Judge: Percy Lynchard, Jr.; Disposition: Justin McPhail's "Permission for Extension or Reopening of [T]ime to [F]ile Petition for Interlocutory Appeal For Excusable [N]eglect" shall be treated as a timely notice of appeal under Rule 4(a) of the Mississippi Rules of Appellate Procedure. The filing fee is due and payable to the Clerk of this Court, and the appeal shall proceed in accordance with Rules 10 and 11 of the Mississippi Rules of Appellate Procedure. This Court shall retain the appeal. Agree: Randolph, C.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Agree in Part: Kitchens and King, P.JJ., and Griffis, J. Kitchens, P.J., Objects to the Order in Part with Separate Written Statement Joined by King, P.J., and Griffis, J. Order entered 8/19/21.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: Alfred Phillips is appointed as the Chief Deputy Marshal of the Supreme Court of Mississippi effective August 1, 2021, at a gross annual salary fixed by the Justices of the Court within the Court's appropriation; that Alfred Phillips shall take an oath of office prior to entering the duties of the office of Chief Deputy Marshal; and that, as Chief Deputy Marshal and as provided in Miss. Code Ann., Section 9-3-29 Alfred Phillips shall attend the sessions of the Court, shall perform all the duties of a deputy sheriff attending court, shall obey all lawful orders of the Court, and shall serve during the pleasure of the Court. Order entered 8/18/21.

Stanley Luster a/k/a Stanley Rico Luster a/k/a Stanley Aaron Luster v. State of Mississippi; Lafayette Circuit Court; LC Case #: L21-073; Ruling Judge: Kent Smith; Disposition: The Application for Leave to Procced in Trial Court filed by Stanley Luster, pro se, is denied. To Deny with Sanctions Warning: Randolph, C.J., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Deny: Coleman, J. To Dismiss: Kitchens and King, P.JJ. King, P.J., Objects to the Order in Part with Separate Written Statement Joined by Kitchens, P.J. Order entered 8/18/21.