10/05/2017 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99010-SCT

In Re: Rules of Discipline for the Mississippi Bar; Disposition: Order appointing J. Cal Mayo, Jr. as a complaint tribunal member through December 31, 2018, the balance of the term of Susan M. Guerieri (formerly Brewer), resigned. Order entered 9/28/17.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 22(a) of the Mississippi Rules of Appellate Procedure is amended as set forth in the attached Exhibit A. The amendments are effective upon entry of this order. The Clerk of this Court must spread this order upon the minutes of the Court and forward a certified copy to West Publishing Company for publication in the advance sheets of the Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court. Agree: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 24 of the Mississippi Rules of Appellate Procedure is struck from the Rules, as set forth in the attached Exhibit A. The amendment is effective upon entry of this order. The Clerk of this Court must spread this order upon the minutes of the Court and forward a certified copy to West Publishing Company for publication in the advance sheets of the Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court. Agree: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Douglas Michael Long, Jr. v. David J. Vitkauskas; DeSoto Circuit Court; LC Case #: cv2014-057RCD; Ruling Date: 10/09/2014; Ruling Judge: Robert Chamberlin; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Randolph and Kitchens, P.JJ., King and Beam, JJ., Concur. Coleman, J., Dissents with Separate Written Opinion Joined by Maxwell, J. Chamberlin and Ishee, JJ., not participating. Dissenting Opinion: Coleman, J. Votes: Maxwell, J., Joins This Opinion.

Estate of Russell Puckett v. Carol Clement; Warren Circuit Court; LC Case #: 10,0082; Ruling Date: 04/21/2016; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Chamberlin, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Beam, JJ., Concur. Kitchens, P.J., Concurs in Part and in Result with Separate Written Opinion Joined by King, J. Ishee, J., not participating. Concurring in Part and in Result Opinion: Kitchens, P.J. Votes: King, J., Joins This Opinion.

Whitney Bank f/k/a Hancock Bank, A Mississippi State Chartered Bank d/b/a Hancock Bank v. Triangle Construction Company, Inc.; Harrison Chancery Court 2nd District; LC Case #: 24CH2:10-CV-947(3); Ruling Date: 04/28/2016; Ruling Judge: Sanford Steckler; Majority Opinion: King, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., Coleman and Beam, JJ., Concur. Chamberlin, J., Dissents with Separate Written Opinion Joined by Maxwell, J. Ishee, J., not participating. Dissenting Opinion: Chamberlin, J. Votes: Maxwell, J., Joins This Opinion.

William B. Wells a/k/a William Wells v. State of Mississippi; Madison Circuit Court; LC Case #: CI-2015-0463--JR; Ruling Date: 02/23/2016; Ruling Judge: Steve Ratcliff, III; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam and Chamberlin, JJ., Concur. Ishee, J., not participating.

City of Port Gibson v. Mississippi Public Service Commission; LC Case #: 2013-UN-100, 101-104; Ruling Date: 09/09/2014; Disposition: The Petitions for Mandamus filed by Port Gibson and Tchula are granted. The Mississippi Public Service Commission is in violation of the opinion and mandate issued by the Mississippi Supreme Court in City of Tchula v. Mississippi Public Service Commission, 187 So. 3d 597 (Miss. 2016). Pursuant to Mississippi Rule of Appellate Procedure 21(a), the Court orders the Commission to immediately dismiss the Formal Complaint for Enforcement of Lease Terms pending therein against the cities of Port Gibson and Tchula. The Court further orders the Commission to cease and desist any further action which it may now be undertaking that is inconsistent with or in violation of the above-described mandate. Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Agree. Ishee, J., Not Participating. Order entered.

City of Tchula, Mississippi v. Mississippi River Gas, LLC; LC Case #: 2013-UN-104; Ruling Date: 09/09/2014; Disposition: The Petitions for Mandamus filed by Port Gibson and Tchula are granted. The Mississippi Public Service Commission is in violation of the opinion and mandate issued by the Mississippi Supreme Court in City of Tchula v. Mississippi Public Service Commission, 187 So. 3d 597 (Miss. 2016). Pursuant to Mississippi Rule of Appellate Procedure 21(a), the Court orders the Commission to immediately dismiss the Formal Complaint for Enforcement of Lease Terms pending therein against the cities of Port Gibson and Tchula. The Court further orders the Commission to cease and desist any further action which it may now be undertaking that is inconsistent with or in violation of the above-described mandate. Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Agree. Ishee, J., Not Participating. Order entered.