Supreme Court of MississippiHand Down List
October 13, 2022
10/13/2022 - Hand Down and published opinions in WordPerfect/ZIP format
Maxwell, James D., J.
X 2021-CA-00525-SCT
Scioto Properties SP-16, LLC and Brandi's Hope Community Services, LLC v. Andy Graf and Sheryl Graf; Lee Chancery Court; LC Case #: CV2017-001281; Ruling Date: 06/01/2020; Ruling Judge: Jacqueline Mask; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.
Kitchens, James W., P.J.
X 2021-CA-00629-SCT
Melissa Dilworth and Thomas Trae Dilworth v. LG Chem, Ltd. and LG Chem America, Inc.; DeSoto Circuit Court; LC Case #: 17CI1:19-cv-00447-GC; Ruling Date: 05/12/2021; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Kitchens, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.
EN BANC
2018-DR-00276-SCT
Eric Moffett v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-245; Ruling Date: 04/24/2014; Ruling Judge: W. Yerger; Disposition: Motion for Leave to File Successive Petition for Post-Conviction Relief filed by counsel for Eric Moffett is denied. See opinion of this Court handed down this date.
EN BANC
XX 2018-DR-00276-SCT
Eric Moffett v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-245; Ruling Date: 04/24/2014; Ruling Judge: W. Yerger; Majority Opinion: Randolph, C.J. Disposition: Leave to File Successive Petition for Post-Conviction Relief Denied. Hinds County taxed with costs. Votes: Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur. Coleman, J., Concurs in Part and in the Result Without Separate Written Opinion. King, P.J., Dissents With Separate Written Opinion Joined by Kitchens, P.J. Dissenting Opinion: King, P.J. Votes: Kitchens, P.J., Joins This Opinion.
EN BANC
XX 2019-IA-00985-SCT
Jones County School District and Jones County School Board v. Covington County School District, Covington County School Board, Arnetta Crosby, in Her Capacity as Superintendent of Education of the Covington County School District and the Secretary of State for the State of Mississippi; Covington Chancery Court; LC Case #: 16CH1:16-cv-00260; Ruling Date: 05/28/2019; Ruling Judge: Gerald Martin; Majority Opinion: Ishee, J. Disposition: Vacated and Remanded. Appellants taxed with costs of appeal. Votes: Randolph, C.J., Coleman, Maxwell, Beam and Chamberlin, JJ., Concur. Griffis, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Kitchens and King, P.JJ. Concurring in Part and Dissenting in Part Opinion: Griffis, J. Votes: Kitchens and King, P.JJ., Join This Opinion.
EN BANC
2020-CA-00702-SCT
In The Matter of The Estate of Frankie Don Ware, Deceased: Carolyn Ware, As Executrix of The Estate of Don Ware, Deceased; Carolyn Ware, Individually as Shareholder, Director and Officer of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc., and Ware Construction, Inc.; Dana Carol Ware and Angela Ware Mohr, Individually and as Trustees of The Frankie Ware Family Trust and Marital Trust v. Richard Ware, Melisa Ware, Legacy Capital, A Foreign Limited Liability Company, Charles D. "Chip" Porter, Derek Henderson, Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc., and Ware Construction, Inc. and Richard Don Ware, Individually, As An Officer and Shareholder of Ware Milling, Inc., Chickasaw Grain Transportation, Inc., Chickasaw Farm Services, Inc., and Ware Construction, Inc., as Beneficiary of The Estate of Frankie Don Ware, and as Trustee of Frankie Don Ware Family Trust, and Melisa Ware, Individually, and as Officer and Shareholder v. Carolyn Ware and The Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc., and Ware Construction, Inc.; Chickasaw Chancery Court 1st District; LC Case #: 2011-1212-JNS; Ruling Date: 01/15/2020; Ruling Judge: Joseph Studdard; Consolidated with 2020-CA-00706-SCT In the Matter of the Estate of Frankie Don Ware, Deceased: Carolyn Ware, Executrix, Co-Trustee, Beneficiary, Shareholder, Officer and Director v. Richard Ware, Melisa Ware, Legacy Capital, a Foreign Limited Liability Company, Charles D. Porter, Derek Henderson, Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc. and Ware Construction, Inc. AND Dana Carol Ware and Angela Ware Mohr v. Charles D." Chip" Porter, Derek Henderson, Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc. and Ware Construction, Inc. AND Richard Don Ware and Melisa Ware v. Carolyn Ware and the Receiver of Ware Milling, Inc., Chickasaw Farm Services, Inc., Chickasaw Grain Transportation, Inc., and Ware Construction, Inc.; Chickasaw Chancery Court 1st District; LC Case #: 2017-1116JNS; Ruling Date: 01/15/2020; Ruling Judge: Joseph Studdard; Consolidated with 2016-CA-00288-SCT The Matter of the Estate of Frankie Don Ware, Deceased: Carolyn Ware, Executrix v. Richard Ware; Chickasaw Chancery Court 1st District; LC Case #: 2011-1212-KMB; Ruling Date: 12/28/2015; Ruling Judge: Kenneth Burns; Consolidated with 2016-CA-01589-SCT In the Matter of the Estate of Frankie Don Ware, Deceased: Carolyn Ware, as Executrix of the Estate of Frankie Don Ware v. Richard Ware; Chickasaw Chancery Court 1st District; LC Case #: 2011-1212-KMB; Ruling Date: 10/11/2016; Ruling Judge: Kenneth Burns; Disposition: The motion for rehearing filed by Carolyn Ware is denied. The motion for rehearing filed by Richard Ware is denied. The motion for rehearing filed by Derek A. Henderson is denied. Randolph, C.J., not participating.
EN BANC
2021-CT-00020-SCT
Carl Smith v. Mississippi Department of Public Safety; Hinds Circuit Court 1st District; LC Case #: 25CI1:19-cv-00391; Ruling Date: 12/15/2020; Ruling Judge: Isadore Patrick, Jr.; Disposition: Carl Smith's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 10/6/22.
EN BANC
2021-CT-00404-SCT
Reginald Barnes v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 18-0-618-00EFP; Ruling Date: 12/11/2020; Ruling Judge: Eleanor Peterson; Disposition: Petition for Writ of Certiorari filed by Reginald Barnes is denied. All Justices Agree. Order entered 10/10/22.