09/06/2012 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2009-CT-00350-SCT

City of Jackson, Mississippi v. Myrt Naylor Rhaly, and sons, Henry Crawford Rhaly, Jr., John Thomas Rhaly, William Dewitt Rhaly, Bill Alan Wilson, and wife, Linda Gay Wilson, Mary Sue Creel, Hilda Louise Ferron and Amy Jo Baxter; Hinds Circuit Court 1st District; LC Case #: 251-04-1214-CIV; Ruling Date: 05/14/2008; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by the City of Jackson is denied. Opinion modified at paragraph 3, footnote 3. Dickinson, P.J., would grant. King, J., not participating.

Nancy Clark, Individually and as Administratrix of the Estate of Shenandoah H. Clark, Deceased and Christie Clark v. Toyota Motor Sales U.S.A., Inc., Toyota Motor Co. Ltd., Toyota Motor Corporation, Toyota Motor Distributors, Inc. and Roper Toyota, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-01-1486CIV; Ruling Date: 10/21/2008; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by counsel for Nancy Clark, Administratrix of the Estate of Shenandoah H. Clark, Deceased, and Christie Clark, is granted. To Grant: Carlson, P.J., Lamar, Chandler and King, JJ. To Deny: Dickinson, P.J., Randolph, Kitchens and Pierce, JJ. Not Participating: Waller, C.J. Order entered.

Dr. Jerry Pratt v. Gulfport-Biloxi Regional Airport Authority d/b/a Gulfport-Biloxi International Airport; Harrison Circuit Court 1st District; LC Case #: A2401-2006-104; Ruling Date: 07/02/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Majority Opinion: Carlson, P.J. Disposition: The judgment of the Court of Appeals is Reversed, and the judgment of the Circuit Court for the First Judicial District of Harrison County is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Dickinson, P.J., Lamar and Pierce, JJ., Concur. Chandler, J., Dissents in Part Without Separate Written Opinion. Waller, C.J., Dissents With Separate Written Opinion Joined by Chandler, J.; Kitchens, J. Joins In Part. Kitchens, J., Dissents With Separate Written Opinion Joined In Part by Chandler, J. Randolph and King, JJ., not participating. Dissenting Opinion: Waller, C.J. Votes: Chandler, J., Join This Opinion. Kitchens, J., Joins in Part. Dissenting Opinion: Kitchens, J. Votes: Chandler, J., Joins This Opinion in Part.

Gary E. White, Attorney, P. A., and Gary E. White, Individually and as Agent for Blackwell and White, a Partnership v. Leonard A. Blackwell, II, Leonard A. Blackwell, Attorney, P. A., Latricia S. Tisdale and Latricia S. Tisdale, P. A.; Harrison Chancery Court 1st District; LC Case #: 06-02241(1); Ruling Date: 06/02/2009; Ruling Judge: Edward Prisock; Disposition: Petition for writ of certiorari filed by counsel for Gary E. White is denied. To Deny: All Justices. Order entered.

Brett Jones v. State of Mississippi; Lee Circuit Court; LC Case #: CV08-099(G)L; Ruling Date: 11/19/2009; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by Brett Jones is granted. To Grant: All Justices. Order entered.

Ballard Realty Company, Inc., Parham Pointe North, LLC, a/k/a Parham Pointe South, LLC and K. Wayne Rice & Associates, Inc. v. Benny Ohazurike, Individually, Esther Ohazurike, Individually and Darlington Ohazurike, By and Through Benny and Esther Ohazurike, his Next Friend; Hinds Circuit Court 1st District; LC Case #: 251-07-1234CIV; Ruling Date: 07/29/2010; Ruling Judge: Winston Kidd; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Carlson and Dickinson, P.JJ., Lamar, Chandler, Pierce and King, JJ., Concur. Kitchens, J., Concurs in Result Only With Separate Written Opinion. Waller, C.J., not participating. Concur in Result Only Opinion: Kitchens, J.

Mississippi Department of Revenue f/k/a Mississippi State Tax Commission v. AT&T Corporation; Hinds Chancery Court 1st District; LC Case #: G-2000-31 S/2; Ruling Date: 11/16/2010; Ruling Judge: William Singletary; Disposition: Motion to Withdraw as Counsel filed by attorney Heather S. Deaton is granted. Order entered.

Mississippi Department of Revenue f/k/a Mississippi State Tax Commission v. AT&T Corporation; Hinds Chancery Court 1st District; LC Case #: G-2000-31 S/2; Ruling Date: 11/16/2010; Ruling Judge: William Singletary; Majority Opinion: Randolph, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

In The Matter of The Estate of William Birmingham, Deceased: Nancy Birmingham Walters v. Don Barnes and Rosemary Birmingham Barnes; Monroe Chancery Court; LC Case #: 07-0643-48; Ruling Date: 11/23/2010; Ruling Judge: Jacqueline Mask; Disposition: Petition for writ of certiorari filed by Nancy Birmingham Walters is denied. To Deny: All Justices. Order entered.

Eric Moffett v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-245; Ruling Date: 09/16/2010; Ruling Judge: Tomie Green; Disposition: Petition for Writ of Mandamus and/or Petition for Extraordinary Relief is dismissed without prejudice. The State's Motion for Enlargement of Time Within Which to File Response to Petition for Writ of Mandamus and/or Petition for Extraordinary Relief is dismissed as moot. Moffett's motion to stay his post-conviction relief proceedings before this Court is granted until such time as MDOC is heard in the proceedings regarding petitioner's due process claims and the Circuit Court of Hinds County, First Judicial District, rules on Moffett's pending motions. Order entered.

Nydreeka Williams, by and through her Mother and Next Friend, Theresa Raymond, and Theresa Raymond, as Administrator of the Estate of Robert Earl Williams, Deceased v. Wal-Mart Stores East, L.P., and Martha Parker; Sunflower Circuit Court; LC Case #: 2009-0016-CI; Ruling Date: 01/19/2011; Ruling Judge: W. Hines; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar and Pierce, JJ., Concur. Randolph, J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., Carlson, P.J., Lamar and Pierce, JJ. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Kitchens, Chandler and King, JJ. Kitchens, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., Chandler and King, JJ. Specially Concurring Opinion: Randolph, J. Votes: Waller, C.J., Carlson, P.J., Lamar and Pierce, JJ., Join This Opinion. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens, Chandler and King, JJ., Join This Opinion. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., Chandler and King, JJ., Join This Opinion.

Mario Dockery v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2011-033RCD; Ruling Date: 04/05/2011; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by Mario Dockery, pro se, is denied. To Deny: All Justices. Order entered.