09/05/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2011-IA-01763-SCT

Ben U. Bowden, Tom Vaughn, Debra Vaughn, Vaughn & Bowden, PA f/k/a Vaughn, Bowden & Wooten, PA, Lowry Development, LLC and Jim Lowry v. Diane Young, Cherie Brott Blackmore and Paul Blackmore; Harrison Circuit Court 1st District; LC Case #: A2401-11-082; Ruling Date: 11/07/2011; Ruling Judge: Richard McKenzie; Consolidated with 2011-IA-01783-SCT Jim Lowry and Lowry Development, LLC v. Diane Young, Cherie Brott Blackmore and Paul Blackmore; Harrison Circuit Court 1st District; LC Case #: A2401-11-082; Ruling Date: 11/07/2011; Ruling Judge: Richard McKenzie; Majority Opinion: Kitchens, J. Disposition: As to 2011-IA-01763-SCT: Reversed and Rendered. As to 2011-IA-01783-SCT: Dismissed. Appellants and Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur.

Illinois Central Railroad Company and Fred A. Herndon v. Tasandra Young, Shiron Young, Minors, by and through Sandra Young, as Grandmother and Next Friend; Holmes Circuit Court; LC Case #: 2006-0129; Ruling Date: 02/05/2010; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed by Tasandra Young, Shiron Young, Minors, by and through Sandra Young, as Grandmother and Next Friend, is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and King, JJ. To Grant: Kitchens, Chandler and Coleman, JJ. Order entered.

W.G. Yates & Sons Construction Company v. City of Waveland, Mississippi; Hancock Circuit Court; LC Case #: 09-0355; Ruling Date: 09/27/2010; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Petitions for writ of certiorari filed by the City of Waveland, Mississippi, on January 2 and June 5, 2013 are dismissed as moot. Order entered.

Virgil Breeden, Jr. v. State of Mississippi; Forrest Circuit Court; LC Case #: CI10-0112; Ruling Date: 05/23/2011; Ruling Judge: Robert Helfrich; Disposition: Petition for writ of certiorari filed by Virgil Breeden, Jr., is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, King and Coleman, JJ. To Deny: Randolph, P.J., Lamar and Pierce, JJ. Order entered.

KGC Properties, Inc. v. Triangle Maintenance Services, LLC ; Lafayette Chancery Court; LC Case #: 2009-171(R); Ruling Date: 04/18/2011; Ruling Judge: Glenn Alderson; Disposition: Petition for writ of certiorari filed by KGC Properties, Inc., is denied. To Deny: All Justices. Order entered.

Public Employees' Retirement System v. Sherry Walker; Hinds Circuit Court 1st District; LC Case #: 251-08-247-CIV-WK; Ruling Date: 04/27/2011; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Sherry Walker is granted. To Grant: Waller, C.J., Kitchens, Chandler, Pierce and King, JJ. To Deny: Dickinson and Randolph, P.JJ., Lamar and Coleman, JJ. Order entered.

Machon Lyons v. Direct General Insurance Company of Mississippi ; Monroe Circuit Court; LC Case #: CV2010-335RM; Ruling Date: 05/27/2011; Ruling Judge: James Roberts, Jr.; Disposition: Petition for writ of certiorari filed by Direct General Insurance Company of Mississippi is granted. To Grant: Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Deny: Kitchens, Chandler and King, JJ. Not Participating: Waller, C.J. Order entered.

Lester Lavon Parker, Jr. a/k/a Lester Levon Parker, Jr. a/k/a Lester Parker, Jr. a/k/a Lester Lavon Parker v. State of Mississippi; Copiah Circuit Court; LC Case #: 2011-0035CR; Ruling Date: 07/20/2011; Ruling Judge: Lamar Pickard; Disposition: Motion for rehearing filed by Lester Lavon Parker, Jr., is denied. Kitchens, Chandler and King, JJ., would grant.

Jimmy Culbert v. Christopher B. Epps, Commissioner and Mississippi Department of Corrections; Jefferson Circuit Court; LC Case #: 2010-158; Ruling Date: 07/05/2011; Ruling Judge: Lamar Pickard; Disposition: Petition for writ of certiorari filed by Jimmy Culbert is denied. To Deny: All Justices. Order entered.

State of Mississippi v. Robert Shuler Smith, et al.; Hinds Circuit Court 1st District; LC Case #: 251-13-595; Ruling Date: 07/12/2013; Ruling Judge: Winston Kidd; Disposition: The State of Mississippi's Combined Petition for Interlocutory Appeal and Motion to Vacate Permanent Injunction is granted. The Order Granting Plaintiffs' Motion for Injunctive Relief, entered on July 12, 2013, in Cause No. 251-13-595CIV, in the Circuit Court of the First Judicial District of Hinds County, Mississippi is vacated. The appeal in Cause No. 2013-TS-01241-SCT is dismissed. Costs of the appeal are assessed to the Appellees. To Grant and Render: All Justices. Pierce, J., for the Court. Order entered.

State of Mississippi v. Robert Shuler Smith, et al.; Hinds Circuit Court 1st District; LC Case #: 251-13-595; Ruling Date: 07/12/2013; Ruling Judge: Winston Kidd; Disposition: The State of Mississippi's Combined Petition for Interlocutory Appeal and Motion to Vacate Permanent Injunction is granted. The Order Granting Plaintiffs' Motion for Injunctive Relief, entered on July 12, 2013, in Cause No. 251-13-595CIV, in the Circuit Court of the First Judicial District of Hinds County, Mississippi is vacated. The appeal in Cause No. 2013-TS-01241-SCT is dismissed. Costs of the appeal are assessed to the Appellees. To Grant and Render: All Justices. Pierce, J., for the Court. Order entered.

State of Mississippi v. Robert Shuler Smith, District Attorney for Hinds County, Mississippi; Tyrone Lewis, Sheriff for Hinds County, Mississippi; Jerry Moore, Constable for Hinds County, Mississippi; John Brown, Constable for Hinds County, Mississippi; Lawrence Funchess, Constable for Hinds County, Mississippi; Jon C. Lewis, Constable for Hinds County, Mississippi; Bennie C. Buckner, Constable for Hinds County, Mississippi; Willie Simmons, Sollie Norwood, John Horne and Hillman Frazier, Citizens of Hinds County, Mississippi.; Hinds Circuit Court 1st District; LC Case #: 251-13-595CW; Ruling Date: 07/12/2013; Ruling Judge: Winston Kidd; Disposition: The State of Mississippi's Combined Petition for Interlocutory Appeal and Motion to Vacate Permanent Injunction is granted. The Order Granting Plaintiffs' Motion for Injunctive Relief, entered on July 12, 2013, in Cause No. 251-13-595CIV, in the Circuit Court of the First Judicial District of Hinds County, Mississippi is vacated. The appeal in Cause No. 2013-TS-01241-SCT is dismissed. Costs of the appeal are assessed to the Appellees. To Grant and Render: All Justices. Pierce, J., for the Court. Order entered.

State of Mississippi v. Robert Shuler Smith, District Attorney for Hinds County, Mississippi; Tyrone Lewis, Sheriff for Hinds County, Mississippi; Jerry Moore, Constable for Hinds County, Mississippi; John Brown, Constable for Hinds County, Mississippi; Lawrence Funchess, Constable for Hinds County, Mississippi; Jon C. Lewis, Constable for Hinds County, Mississippi; Bennie C. Buckner, Constable for Hinds County, Mississippi; Willie Simmons, Sollie Norwood, John Horne and Hillman Frazier, Citizens of Hinds County, Mississippi.; Hinds Circuit Court 1st District; LC Case #: 251-13-595CW; Ruling Date: 07/12/2013; Ruling Judge: Winston Kidd; Disposition: The State of Mississippi's Combined Petition for Interlocutory Appeal and Motion to Vacate Permanent Injunction is granted. The Order Granting Plaintiffs' Motion for Injunctive Relief, entered on July 12, 2013, in Cause No. 251-13-595CIV, in the Circuit Court of the First Judicial District of Hinds County, Mississippi is vacated. The appeal in Cause No. 2013-TS-01241-SCT is dismissed. Costs of the appeal are assessed to the Appellees. To Grant and Render: All Justices. Pierce, J., for the Court. Order entered.