09/01/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2014-CA-01453-SCT

Mark Roberts v. Boots Smith Oilfield Services, LLC, Bill Jenkins and Jason Smith; Jones Circuit Court 2nd District; LC Case #: 2013-72-CV6; Ruling Date: 09/16/2014; Ruling Judge: Billy Landrum; Consolidated with 2015-CA-00143-SCT Mark Roberts v. Warrior Energy Services Corporation; Jones Circuit Court 2nd District; LC Case #: 2013-72-CV6; Ruling Date: 12/03/2014; Ruling Judge: Billy Landrum; Majority Opinion: Maxwell, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ., Concur.

In The Matter of The Estate of James Oldrum Smith, Jr., Deceased: Lela Smith Flowers, Christopher Stanton Smith, and Christy Noah as Administrator of the Estate of Jinx P. Smith, Jr. v. Todd A. Boolos as Successor Trustee of the J.O. Smith, Jr., Family Trust, Patrick Raymond Smith, Ernest Lane, III, Trustmark National Bank, Big River Shipbuilders, Inc., Yazoo River Towing, Inc., Steve Sessums, and Vicksburg Plant Food, Inc.; Warren Chancery Court; LC Case #: 2006-114-PR; Ruling Date: 07/12/2014; Ruling Judge: Hollis McGehee; Majority Opinion: Coleman, J. Disposition: Affirmed and Remanded. Appellants are taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Maxwell and Beam, JJ., Concur.

Walter Griffith, Jr., Commerce and Industry Insurance Company and Bomac Electric, Inc. v. Entergy Mississippi, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-07-905; Ruling Date: 05/22/2014; Ruling Judge: William Gowan, Jr.; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.

In Re: Rules of Discipline for the Mississippi Bar; Disposition: In accordance with the provisions of Rule 3 of the Rules of Discipline of the Mississippi Bar, the en banc Court hereby appoints the individuals as listed within the order to serve three-year terms as members of the Complaint Tribunals. The term of each of these appointments shall commence upon the filing of the oath of office and shall continue thereafter for the remainder of the three-year term as above indicated and until such time as a successor in office is appointed and qualified. Upon filing of this order and the oath of office, each appointee shall be qualified to discharge the duties incumbent upon a member of the panels, authorized and empowered as agents of this Court to hear and determine all matters within the disciplinary jurisdiction of the Court, which may from time to time be referred to a complaint tribunal of which the appointee is a member in accordance with the terms of the disciplinary rules cited above. In the event the appointee finds it necessary to resign or recuse, the appointee shall immediately give written notice to the Chief Justice in an expeditious manner. Should a vacancy otherwise occur or necessity dictate, the other members of the Complaint Tribunals or complaint counsel shall immediately give written notice to the Chief Justice in an expeditious manner. The Clerk of this Court shall forward an attested copy of this order with the form of the oath to each appointee and to the complaint counsel of the Mississippi Bar. Order entered 8/29/16.

Eric LaQuinne Brown a/k/a Eric L. Brown v. State of Mississippi; Pontotoc Circuit Court; LC Case #: CV00-113-G-PO; Ruling Date: 03/17/2014; Ruling Judge: Thomas Gardner, III; Disposition: The Petition for Writ of Certiorari filed by Eric LaQuinne Brown was granted by order of the Court signed on February 25, 2016. Upon further consideration, the Court finds that there is no need for further review and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. To Agree: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman and Beam, JJ. Kitchens, J., Objects with Separate Written Statement Joined by King, J. Not Participating: Maxwell, J. Coleman, J., for the Court. Order entered 8/30/16.

Charles Greg Davis v. The State of Mississippi, Ex Rel. Jim Hood, Attorney General, and Stacey Pickering, State Auditor, for the Use and Benefit of the Taxpayers of City of Southaven, Mississippi; City of Southaven, Mississippi; Hinds Chancery Court 1st District; LC Case #: G2012-1239; Ruling Date: 05/20/2014; Ruling Judge: J. Thomas; Disposition: The Petition for Writ of Certiorari filed by Charles Greg Davis is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Walter Griffith, Jr., Commerce and Industry Insurance Company and Bomac Electric, Inc. v. Entergy Mississippi, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-07-905; Ruling Date: 05/22/2014; Ruling Judge: William Gowan, Jr.; Disposition: Appellee's Motion to Strike portions of the Appellant's Reply Brief or, in the alternative, for leave to file Sur-Reply is denied. Order entered.

In The Matter of The Estate of James Oldrum Smith, Jr., Deceased: Lela Smith Flowers, Christopher Stanton Smith, and Christy Noah as Administrator of the Estate of Jinx P. Smith, Jr. v. Todd A. Boolos as Successor Trustee of the J.O. Smith, Jr., Family Trust, Patrick Raymond Smith, Ernest Lane, III, Trustmark National Bank, Big River Shipbuilders, Inc., Yazoo River Towing, Inc., Steve Sessums, and Vicksburg Plant Food, Inc.; Warren Chancery Court; LC Case #: 2006-114-PR; Ruling Date: 07/12/2014; Ruling Judge: Hollis McGehee; Disposition: Steve Sessums's Motion for attorney's fees and costs is granted. See opinion of this Court handed down this date.

Bradley A. McElroy, Sr.; Hunter Blake McElroy, a Minor, by and Through his Father and Next Friend, Bradley A. McElroy, Sr.; Ryals Shirah McElroy, a Minor, by and Through his Father and Next Friend, Bradley A. McElroy, Sr.; and All Beneficiaries of the Estate of Bradley McElroy, Deneace Reel, Zachary Drake Reel, and Jason Dane Reel v. City of Brandon, Mississippi, and Justin C. Maclain; Rankin Circuit Court; LC Case #: 2009-193C; Ruling Date: 06/10/2014; Ruling Judge: William Chapman, III; Disposition: The Petition for Writ of Certiorari filed by Bradley A. McElroy, Sr., is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King and Beam, JJ. To Grant: Randolph, P.J., and Coleman, J. Not Participating: Maxwell, J. Order entered.

Gregory Wilbanks v. Katherine Hickman; Alcorn Circuit Court; LC Case #: CV12-308GA; Ruling Date: 09/12/2014; Ruling Judge: Thomas Gardner, III; Disposition: The Petition for Writ of Certiorari filed by Gregory Wilbanks is denied. To Deny: All Justices. Order entered.

Mississippi Transportation Commission and Mississippi Department of Transportation v. Christopher D. Adams, Deceased, By and Through Dominique D. Adams, Individually and On Behalf of the Wrongful Death Beneficiaries of Christopher D. Adams, Deceased; Jackson Circuit Court; LC Case #: 2012-00102(1); Ruling Date: 09/15/2014; Ruling Judge: Robert Krebs; Disposition: Appellants Motion for Rehearing is denied. Randolph, P.J., and Maxwell, J., would grant.

Robert W. Stratton Sr. v. Jerry McKey; Amite Circuit Court; LC Case #: 10-CV-0218-J; Ruling Date: 09/23/2011; Ruling Judge: Forrest Johnson, Jr.; Disposition: The Petition for Writ of Certiorari filed pro se by Robert W. Stratton, Sr., is granted. To Grant: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.

Mark Roberts v. Boots Smith Oilfield Services, LLC, Bill Jenkins and Jason Smith; Jones Circuit Court 2nd District; LC Case #: 2013-72-CV6; Ruling Date: 09/16/2014; Ruling Judge: Billy Landrum; Consolidated with 2015-CA-00143-SCT Mark Roberts v. Warrior Energy Services Corporation; Jones Circuit Court 2nd District; LC Case #: 2013-72-CV6; Ruling Date: 12/03/2014; Ruling Judge: Billy Landrum; Disposition: Appellant's Motion to Strike Portions of Warrior Energy's Response brief is denied. See opinion of this Court handed down this date.

Mark Roberts v. Warrior Energy Services Corporation; Jones Circuit Court 2nd District; LC Case #: 2013-72-CV6; Ruling Date: 12/03/2014; Ruling Judge: Billy Landrum; Consolidated with 2014-CA-01453-SCT Mark Roberts v. Boots Smith Oilfield Services, LLC, Bill Jenkins and Jason Smith; Jones Circuit Court 2nd District; LC Case #: 2013-72-CV6; Ruling Date: 09/16/2014; Ruling Judge: Billy Landrum; Disposition: Appellant's Motion to Strike Portions of Warrior Energy's Response brief is denied. See opinion of this Court handed down this date.