09/16/2021 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis, J.
X  2020-IA-00810-SCT

KD Oak Grove, LLC v. Warren & Warren Asphalt Paving, LLC; Lamar Chancery Court; LC Case #: 37CH1:19-cv-00062-S; Ruling Date: 07/22/2020; Ruling Judge: Susan Sheldon; Consolidated with 2020-IA-00840-SCT KP Westwood, LLC v. Warren & Warren Asphalt Paving, LLC, Warren Paving, Inc., and ADS, LLC; Lamar Chancery Court; LC Case #: 37CH1:18-cv-00437-G; Ruling Date: 07/29/2020; Ruling Judge: Deborah Gambrell; Majority Opinion: Coleman, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Kitchens and King, P.JJ., Maxwell, Chamberlin, Ishee and Griffis, JJ., Concur. Randolph, C.J., and Beam, J., not participating.

In Re: The Rules of Civil Procedure; Disposition: No. 89-R-99001 In re Rules of Civil Procedure. Disposition: The Motion to Amend M.R.C.P. 29 filed by the Supreme Court of Mississippi's Advisory Committee on Rules is granted as set forth in the attached Exhibit A. The amendments will be effective 30 days after entry of this order. Order entered: 9/7/21.

In Re: The Rules of Civil Procedure; Disposition: No. 89-R-99001 In re: The Rules of Civil Procedure. Disposition: The Motion to Amend M.R.C.P. 30 filed by the Supreme Court of Mississippi's Advisory Committee on Rules is granted as set forth in the attached Exhibit A. The amendments will be effective 30 days after entry of this order. Order entered: 9/7/21.

In Re: The Rules of Civil Procedure; Disposition: No. 89-R-99001 In Re Rules of Civil Procedure. Disposition: The Motion to Amend M.R.C.P. 33 filed by the Supreme Court of Mississippi's Advisory Committee on Rules is granted as set forth in the attached Exhibit A. The amendments will be effective 30 days after entry of this order. Order entered: 9/9/21.

In Re: The Rules of Civil Procedure; Disposition: No. 89-R-99001 In re Rules of Civil Procedure. Disposition: The Motion to Amend M.R.C.P. 34 filed by the Supreme Court of Mississippi's Advisory Committee on Rules is granted as set forth in the attached Exhibit A. The amendments will be effective 30 days after entry of this order. Order entered: 9/7/21.

In Re: Local Rules; Disposition: No. 89-R-99015 In re: Local Rules. Disposition: On the petition of the Chancellors of the Seventh Chancery Court District, the current Local Rules of the Seventh Chancery Court District are vacated, and the Local Rules set forth in the attached Exhibit A are approved and are effective upon entry of this order. Order entered: 9/7/21.

Hyundai Motor America and Hyundai Motor Company v. Joyce D. Hutton and Derek Bell; Bolivar Circuit Court 2nd District; LC Case #: 2006-0053; Ruling Date: 11/03/2014; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Randolph, C.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Beam, Ishee and Griffis, JJ., Concur. Coleman, J., Specially Concurs with Separate Written Opinion. Kitchens, P.J., Dissents with Separate Written Opinion Joined by King, P.J. King, P.J., Dissents with Separate Written Opinion Joined by Kitchens, P.J. Maxwell and Chamberlin, JJ., not participating. Specially Concurring Opinion: Coleman, J. Dissenting Opinion: Kitchens, P.J. Votes: King, P.J., Joins this Opinion. Dissenting Opinion: King, P.J. Votes: Kitchens, P.J., Joins this Opinion.

Kenneth R. Borries v. Malcolm Murphy a/k/a A. Malcolm Murphy; George Circuit Court; LC Case #: 20CI1:15-cv-00030; Ruling Date: 11/18/2019; Ruling Judge: Michael Ward; Disposition: Motion for Rehearing filed by Appellant, Kenneth R. Borries, is denied. Griffis, J., would grant.