10/08/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2014-CA-00412-SCT

Clayton Hinton v. Nate Rolison, Individually; Nate Rolison d/b/a Lincoln Road Autoplex; and Credit Acceptance Corporation; Lamar Circuit Court; LC Case #: 2013-015; Ruling Date: 02/26/2014; Ruling Judge: Anthony Mozingo; Majority Opinion: Lamar, J. Disposition: Affirmed in Part, Reversed in Part, and Remanded. Appellant and Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

William L. Painter and John A. Chalk, Jr. v. Regions Insurance, Inc. d/b/a Regions Insurance of Mississippi; Madison Circuit Court; LC Case #: CI 2013-0235-JC; Ruling Date: 06/25/2014; Ruling Judge: William Chapman, III; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Charlie Raddin, Jacob Woodard, Kyle Corley, Brian Stephenson and Jerold Hollowell v. Manchester Educational Foundation, Inc., Yazoo City Medical Clinic, P.A., and Dr. William Thompson; Yazoo Circuit Court; LC Case #: 2010-CI37; Ruling Date: 07/18/2013; Ruling Judge: Jannie Lewis; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur. Pierce, J., not participating.

Denise J. Irle v. Patty Foster and Lavirl Foster; Prentiss Chancery Court; LC Case #: 2010-440-59-L; Ruling Date: 03/14/2012; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Dickinson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Kitchens and Coleman, JJ., Concur. Pierce, J., Concurs in Part and in Result with Separate Written Opinion Joined by Chandler, J.; Randolph, P.J., Joins In Part. Waller, C.J., Dissents with Separate Written Opinion Joined by King, J. Concurring in Part and in Result Opinion: Pierce, J. Votes: Chandler, J., Joins This Opinion. Randolph, P.J., Joins This Opinion in Part. Dissenting Opinion: Waller, C.J. Votes: King, J., Joins This Opinion.

David Dickerson v. State of Mississippi; Copiah Circuit Court; LC Case #: 2011-0049CR; Ruling Date: 07/25/2012; Ruling Judge: Lamar Pickard; Disposition: The Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens and King, JJ., would grant.

Katerina Galanis and Christina Galanis v. CMA Management Company Formerly d/b/a Ambling Management Company, Ambling Management Company, LLC, Formerly d/b/a AMC Acquisitions, LLC, Ambling Management Companies, Inc. and Alta MSU, LLC; Oktibbeha Circuit Court; LC Case #: 2009-0132-CV; Ruling Date: 09/28/2012; Ruling Judge: Lee Howard; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Lamar, Chandler, Pierce and Coleman, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Randolph, P.J., and King, J. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Randolph, P.J., and King, J., Join This Opinion.

James C. Newell, Jr. a/k/a James C. Newell a/k/a James Newell a/k/a Chuck Newell v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0293-CR1; Ruling Date: 09/07/2012; Ruling Judge: Lee Coleman; Disposition: The Motion to Better Explain Newly Discovered Evidence filed by Appellant is denied. The filing entitled "New Evidence to Show Cause of Violation of Fast and Speedy Trial Issue" filed by Appellant is denied. Order entered.

James C. Newell, Jr. a/k/a James C. Newell a/k/a James Newell a/k/a Chuck Newell v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0293-CR1; Ruling Date: 09/07/2012; Ruling Judge: Lee Coleman; Majority Opinion: Waller, C.J. Disposition: The Judgment of the Court of Appeals is Affirmed. The Judgment of the Circuit Court of Lowndes County is Reversed, and this case is Remanded for a new trial. Appellee taxed with costs of appeal. Votes: Randolph, P.J., Chandler and Pierce, JJ., Concur. Lamar, J., Concurs in Part and in Result without Separate Written Opinion. Dickinson, P.J., Dissents with Separate Written Opinion Joined by Kitchens and King, JJ.; Coleman, J., Joins in Part. Dissenting Opinion: Dickinson, P.J. Votes: Kitchens and King, JJ., Join This Opinion. Coleman, J., Joins This Opinion in Part.

Ernest Lane, III, and Trustmark National Bank, Co-Executors of the Estate of James Oldrum Smith, Jr. v. Ronald D. Lampkin; Warren Chancery Court; LC Case #: 2007-151GN; Ruling Date: 03/19/2013; Ruling Judge: George Ward; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Chandler, King and Coleman, JJ., Concur. Randolph, P.J., Concurs in Part and in Result without Separate Written Opinion. Pierce, J., not participating.

Perry A. Elchos and Wife, Lori A. Elchos v. Kevin J. Haas and Wife, Lisa T. Haas; Hancock Chancery Court; LC Case #: 09-0907; Ruling Date: 06/12/2013; Ruling Judge: Carter Bise; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Waller, C.J., and King, J. Coleman, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Dickinson, P.J.; Lamar and Pierce, JJ., Join in Part. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Votes: Waller, C.J., and King, J., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Coleman, J. Votes: Dickinson, P.J., Joins This Opinion. Lamar and Pierce, JJ., Join This Opinion in Part.

Ryan Rhymer a/k/a Ryan P. Rhymer a/k/a Ryan Patrick Rhymer v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2012-0399-CRA; Ruling Date: 08/14/2013; Ruling Judge: Lee Coleman; Disposition: The Petition for Writ of Certiorari filed by Ryan Rhymer is denied. To Deny: All Justices. Order entered.

Illinois Central Gulf Railroad Company d/b/a Canadian National/Illinois Central v. Luther W. McLain; Hinds Circuit Court 1st District; LC Case #: 251-04-925CIV; Ruling Date: 08/13/2013; Ruling Judge: Tomie Green; Disposition: The Motion for Rehearing filed by the Appellee is denied. Waller, C.J., Kitchens, Chandler and King, JJ., would grant.

Timothy Nelson Evans v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-2011-0013; Ruling Date: 08/23/2013; Ruling Judge: Lisa Dodson; Disposition: The motion for medical and mental health records filed by Timothy Nelson Evans, pro se, is denied. To Deny: All Justices. Order entered.

Tyrone Boyd v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 105-13; Ruling Date: 03/28/2014; Ruling Judge: Lester Williamson, Jr.; Disposition: The Motion for Rehearing filed by Tyrone Boyd is denied.

Randy Braswell d/b/a Worldwide Companies v. Ergon Oil Purchasing, Inc.; Rankin Circuit Court; LC Case #: 2012-91-E; Ruling Date: 11/26/2013; Ruling Judge: John Emfinger; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Kitchens, Pierce, King and Coleman, JJ., Concur. Randolph, P.J., Dissents with Separate Written Opinion Joined by Chandler, J. Dissenting Opinion: Randolph, P.J. Votes: Chandler, J., Joins This Opinion.

David K. Ellis a/k/a David Kenyatta Ellis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 98-4-062; Ruling Date: 08/10/2001; Ruling Judge: James Graves, Jr.; Disposition: The Motion to Dismiss Appeal for Lack of Jurisdiction, or in the alternative, to Dismiss as Moot filed by the State of Mississippi is granted. All costs of this appeal are assessed to the Appellant. The Motion to Supplement the Record filed by the State of Mississippi is dismissed as moot. King, J., Disagrees. Order entered.

William L. Painter and John A. Chalk, Jr. v. Regions Insurance, Inc. d/b/a Regions Insurance of Mississippi; Madison Circuit Court; LC Case #: CI 2013-0235-JC; Ruling Date: 06/25/2014; Ruling Judge: William Chapman, III; Disposition: The Motion for Attorneys' Fees filed by the Appellee is granted. Regions Insurance, Inc., shall recover from William L. Painter and John A. Chalk, Jr., jointly and severally, the sum of $114,887.81 for attorneys' fees and costs incurred in this appeal through February 28, 2015. Order entered.

Melvin Gamage a/k/a Melvin Gamage Jr. v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: 2402-84-3901; Ruling Date: 03/09/2015; Ruling Judge: Roger Clark; Disposition: The Motion to Dismiss Appeal filed by the State of Mississippi is granted. As Melvin Gamage was granted leave to proceed in forma pauperis, all costs of this appeal are assessed to Harrison County, Mississippi. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce and Coleman, JJ. To Deny: Randolph, P.J., and King, J. Order entered.