08/31/2017 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2016-CA-00544-SCT

In the Matter of the Estate of C.W. White, Deceased: Anita White, Individually and as Executrix of the Estate of C.W. White v. Charles Tommy White; DeSoto Chancery Court; LC Case #: 09-06-1369(PL); Ruling Date: 03/09/2016; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Scott Penn, Inc., Austin, Inc., Kent Hillman Logging, Inc., Winona Hardwood, Inc., Tallahatchie Hardwood, Inc., Greg Winstead Logging, Inc. and Southern Logging, Inc. v. Mississippi Workers' Compensation Group Self-Insurer Guaranty Association; Madison Circuit Court; LC Case #: CI-2010-0328-R; Ruling Date: 06/02/2016; Ruling Judge: John Emfinger; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellants and Appellee are taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

Apolinar Terrero Ruiz and $56,000.00 U.S. Currency v. State of Mississippi and Harrison County Sheriff's Office; Harrison Circuit Court 2nd District; LC Case #: A2402-2012-162; Ruling Date: 12/18/2014; Ruling Judge: Lisa Dodson; Disposition: The Petition for Writ of Certiorari filed by the State of Mississippi is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman and Chamberlin, JJ. To Grant: Randolph, P.J., Maxwell and Beam, JJ. Order entered.

Lee Manfredi, JKS Construction, Inc., AMS Staff Leasing and Dallas National Insurance Company v. Harrell Contracting Group, LLC, Zurich American Insurance Company, Antonio Mondragon, The Charter Oak Fire Insurance Company and Travelers Insurance Company; LC Case #: 1202919-M0800; Ruling Date: 03/04/2015; Ruling Judge: Liles Williams; Disposition: Charter Oak Fire Insurance Company and Antonio Mondragon's Petition for Writ of Certiorari is denied. To Deny: Randolph, P.J., Kitchens, King, Coleman, Maxwell, Beam and Chamberlin, JJ. To Grant: Waller, C.J. Not Participating: Dickinson, P.J. Order entered.

Jesse Frank Mouton v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2015-0121; Ruling Date: 06/01/2015; Ruling Judge: Lisa Dodson; Disposition: The Motion to Allow Mouton's Trial Attorney, Michael W. Crosby, to File a Separate Petition for Rehearing & Proposed Separate Petition for Rehearing Filed by Trial Attorney, Michael W. Crosby, for Mouton is denied. Order entered.

Jesse Frank Mouton v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2015-0121; Ruling Date: 06/01/2015; Ruling Judge: Lisa Dodson; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens and King, JJ., would grant.

Winfred Forkner v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 2015-0006-PC; Ruling Date: 02/25/2015; Ruling Judge: Lillie Sanders; Majority Opinion: Kitchens, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Wilkinson County Circuit Court is Vacated. Wilkinson County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.

In the Matter of the Estate of Richard L. Gardner, Deceased: Linda Gardner Callington, Andrew Gardner and Larry Ross v. Mae Otha Gardner; Tallahatchie Chancery Court 1st District; LC Case #: 2009-25; Ruling Date: 08/21/2015; Ruling Judge: Jon Barnwell; Disposition: The Petition for Writ of Certiorari filed by Linda Callington, Andrew Gardner, and Larry Ross is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Beam and Chamberlin, JJ. To Grant: Maxwell, J. Order entered.

Amanda M. Copeland v. Gary Neal Copeland, Jr.; Tate Chancery Court; LC Case #: 13-CV-00528; Ruling Date: 08/24/2015; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Maxwell, Beam and Chamberlin, JJ., Concur. Coleman, J., Concurs in Part and in Result with Separate Written Opinion Joined In Part by Randolph, P.J., and Maxwell, J. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Kitchens and King, JJ.; Coleman, J., Joins in Part. Concurring in Part and in Result Opinion: Coleman, J. Votes: Randolph, P.J., and Maxwell, J., Join This Opinion in Part. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens and King, JJ., Join This Opinion. Coleman, J., Joins This Opinion in Part.

The Former Board of Trustees and Members of Mississippi Comp Choice Self-Insurers Fund v. Mississippi Workers' Compensation Group Self-Insurer Guaranty Association; Madison Circuit Court; LC Case #: 45CI1:12-cv-0050-JE; Ruling Date: 09/09/2015; Ruling Judge: John Emfinger; Disposition: The Joint Motion to Dismiss Appeal is granted in part and denied in part. The parties' joint request to dismiss the appeal is granted. The parties' request for dismissal "with prejudice [of] all of Plaintiffs' causes of action against Defendant in the case below" is denied. The parties will bear their own costs. Kitchens, J., for the Court. Order entered.

T.L. Wallace Construction, Inc., Thomas Wallace and Janette Wallace v. McArthur, Thames, Slay, and Dews, PLLC; Marion Circuit Court; LC Case #: 2013-0006M; Ruling Date: 09/23/2015; Ruling Judge: Anthony Mozingo; Disposition: The Motion for Rehearing is dismissed. It is further ordered this appeal is dismissed, with each party bearing its own costs, fees and expenses. Not Participating: Randolph, P.J., and Beam, J. Order entered.

Scott Penn, Inc., Austin, Inc., Kent Hillman Logging, Inc., Winona Hardwood, Inc., Tallahatchie Hardwood, Inc., Greg Winstead Logging, Inc. and Southern Logging, Inc. v. Mississippi Workers' Compensation Group Self-Insurer Guaranty Association; Madison Circuit Court; LC Case #: CI-2010-0328-R; Ruling Date: 06/02/2016; Ruling Judge: John Emfinger; Disposition: This action is dismissed with prejudice against defendants Greg Winstead Logging, Inc.; Kent Hillman Logging, Inc.; Scott Penn, Inc.; Southern Logging, Inc.; and Tallahatchie Hardwood, Inc. The motion to remand as to defendants Austin, Inc. - Randolph, MS and Winona Hardwood, Inc., is denied, and this Court's opinion, issued the same day as this order, resolves all remaining claims against these defendants. Each party will bear its own costs and fees. Randolph, P.J., for the Court. Order entered.

The Mississippi Bar v. Morgan P. Shands; Disposition: The Motion Notifying Court of Defendant's Compliance filed on behalf of Morgan P. Shands is denied. Morgan P. Shands shall, within forty-five days following the entry of this order, file an affidavit with the Court stating that all of his clients have been notified of his resignation from the Mississippi Bar and consequent inability to practice law in Mississippi, and that he has fully complied with all applicable requirements set forth in Rule 11 of the Rules of Discipline for the Mississippi State Bar, as well as the requirements of this Court's June 8, 2017, order. Order entered.

Philip W. Gaines v. The Mississippi Bar; LC Case #: 2013-B-1056; Ruling Date: 04/17/2014; Disposition: On the Court's own motion, T.K. Moffett is appointed special master to preside over an evidentiary hearing on Gaines's petition for reinstatement. Chancellor Moffett shall file with this Court a written report containing findings of fact and conclusions of law on the mentioned issues in this order and any other issues the special master finds necessary on or before December 31, 2017. The Bar shall present such evidence and witnesses as is necessary to fully develop the record regarding the referenced issues. At its discretion, in light of the directives of Rule 5 of the Rules of Discipline for the Mississippi State Bar, the Bar may procure such evidence and witnesses voluntarily or through subpoena, keeping in mind that the purpose of the hearing is to develop the record on the referenced issues more thoroughly than is contained in the current record. Philip W. Gaines may present such evidence and witnesses as is necessary to fully develop the record regarding the referenced issues. At his discretion, Philip W. Gaines may procure such evidence and witnesses voluntarily or through subpoena, keeping in mind that the purpose of the hearing is to develop the record on the referenced issues more thoroughly than is contained in the current record. Philip W. Gaines shall provide and file a transcript of the hearing in this matter to this Court on or before January 31, 2018. The Clerk of this Court shall forward a copy of this order to Chancellor Moffett and counsel to the parties in this matter. Order entered.

Alberto Julio Garcia v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2015-00500; Ruling Date: 01/25/2017; Ruling Judge: Lisa Dodson; Disposition: The Motion for Appointment of Post-Conviction Counsel filed by Alberto Julio Garcia is dismissed as moot. All Justices Agree. Order entered.