10/14/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2008-CA-01997-SCT

The City of Jackson, Mississippi v. The Estate of Otha Stewart, Deceased, By and Through its Administrator, Emma Womack; Hinds Circuit Court 1st District; LC Case #: 251-98-816CIV; Ruling Date: 05/20/2008; Ruling Judge: Winston Kidd; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Graves, P.J., not participating.

James Ewing v. State of Mississippi; Calhoun Circuit Court; LC Case #: CR2008-030; Ruling Date: 01/22/2010; Ruling Judge: Robert Elliott; Majority Opinion: Pierce, J. Disposition: Conviction of the sale of a controlled substance (Hydrocodone) and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections with five (5) years suspended, with conditions, Affirmed. Appellant is placed on post-release supervision for a period of five (5) years. Calhoun County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Graves, P.J., not participating.

Terry Pitchford v. State of Mississippi; Grenada Circuit Court; LC Case #: 2005-009-CR; Ruling Date: 02/09/2006; Ruling Judge: Joseph Loper, Jr.; Disposition: Motion for rehearing filed by Terry Pitchford is denied. Graves, P.J., and Kitchens, J., would grant. Opinion modified at paragraph 79.

Omnova Solutions, Inc. v. Theresa Lipa; Lowndes Circuit Court; LC Case #: 2007-0094-CV1; Ruling Date: 02/27/2008; Ruling Judge: Lee Howard; Disposition: Motion for rehearing filed by Theresa Lipa is denied. Graves, P.J., Kitchens and Pierce, JJ., would grant.

Omnova Solutions, Inc. v. Theresa Lipa; Lowndes Circuit Court; LC Case #: 2007-0094-CV1; Ruling Date: 02/27/2008; Ruling Judge: Lee Howard; Disposition: Motion for rehearing filed by Theresa Lipa is denied. Graves, P.J., Kitchens and Pierce, JJ., would grant.

Daniel Banks a/k/a Danny Banks v. State of Mississippi; Yazoo Circuit Court; LC Case #: 27-0571; Ruling Date: 08/15/2008; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed by Daniel Banks is denied. To Deny: All Justices. Order entered.

Garlock Sealing Technologies, LLC, Successor by Merger to Garlock, Inc., Trane US Inc., Formerly Known as American Standard, Inc., Rapid-American Corporation v. Mary Pittman, Executrix of the Estate of Lonnie Pittman, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-26CIV; Ruling Date: 08/29/2008; Ruling Judge: Winston Kidd; Consolidated with 2008-IA-01584-SCT Trane US, Inc. Formerly Known as American Standard, Inc., Flowserve US, Inc., as Successor to Rockwell Manufacturing Co., Emerson Electric Co., Garlock Sealing Technologies, LLC, Successor by Merger to Garlock, Inc., Sepco Corporation and Furon Company v. Mary Pittman as the Executrix of the Estate of Lonnie Pittman; Hinds Circuit Court 1st District; LC Case #: 251-03-26CIV; Ruling Date: 08/29/2008; Ruling Judge: Winston Kidd; Consolidated with 2008-IA-01599-SCT Gardner Denver, Inc., General Electric Company, The Gorman-Rupp Company, Erroneously Named and Served as The Gorman-Rupp Company, Individually and as Successor in Interest to C. H. Wheeler Mfg. Co., Patterson Pump Company, IPT Pumps, and Economy Pumps, Dorr-Oliver, Inc., Keeler/Dorr-Oliver, Erroneously Sued as Dorr-Oliver, Inc., Sulzer Pumps (US), Inc., Warren Pumps, Inc., Warren-Rupp, Inc., and Yuba Heat Transfer LLC., Rapid- American Corporation v. Mary Pittman, Executrix of the Estate of Lonnie Pittman, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-26CIV; Ruling Date: 08/29/2008; Ruling Judge: Winston Kidd; Majority Opinion: Waller, C.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Lamar and Pierce, JJ., Concur. Graves, P.J., Dissents With Separate Written Opinion Joined by Kitchens and Chandler, JJ. Randolph, J., not participating. Dissenting Opinion: Graves, P.J. Votes: Kitchens and Chandler, JJ., Join This Opinion.

Ray Thomas Gore v. State of Mississippi; Scott Circuit Court; LC Case #: 08-CR-050-SC-G; Ruling Date: 10/06/2008; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed by counsel for Ray Thomas Gore was granted by order of this Court on July 22, 2010. This Court finds that the petition was improvidently granted and should be dismissed. On the Court's own motion the petition for writ of certiorari is dismissed as improvidently granted. To Dismiss: Waller, C.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. Not to Dismiss: Graves, P.J. Kitchens, J., Objects to the Order with Separate Written Statement. Carlson, P.J., for the Court. Order entered.

Michael Phillips v. Sarah Phillips; Jones Chancery Court 2nd District; LC Case #: 2007-0017; Ruling Date: 05/08/2008; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Petition for writ of certiorari filed by Michael Phillips is denied. To Deny: All Justices. Order entered.

J. Clifford Harrison as Trustee ("Harrison") and Regions Bank f/k/a AmSouth Bank and Successor in Interest to Deposit Guaranty National Bank ("Bank") v. Mississippi Transportation Commission; Webster Special Court of Eminent Domain; LC Case #: 98-0058-CV-L; Ruling Date: 06/23/2008; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by the Mississippi Transportation Commission is granted. To Grant: Carlson, P.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Deny: Waller, C.J., Graves, P.J., and Kitchens, J. Order entered.

Illinois Central Railroad Company v. Gary R. Byrd, Robert Bowden, William L. Cook, John Curlin, Lyle N. Ernest, George A. Fouse, Gary E. Frederickson, Franklin D. Gossum, Q.B. Gray, John Ed Howell, Willie Johnston, Gary Jolly, E.J. Ledbetter, Jr., Bobby L. Lessel, Thomas G. Mudd, Jerry C. McKissack, Lyle McMannis, Ronald E. Miller, Ted E. Morrison, Charles Payne, Robert D. Payne, Kenneth W. Pounders, Fred L. Rogers, Billy Wayne Sims and William L. Taylor; Holmes Circuit Court; LC Case #: 2002-495; Ruling Date: 12/10/2008; Ruling Judge: Robert Goza, Jr.; Disposition: Motion for rehearing filed by Illinois Central Railroad Company is denied. Carlson, P.J., Dickinson and Lamar, JJ., would grant. Randolph, J., not participating.

City of Jackson, Mississippi and Jackson Police Department v. Edna Harris, Individually and as Administratrix of the Estate of Desmonde Harris and James Harris, Individually; Hinds Circuit Court 1st District; LC Case #: 251-05-1065CIV; Ruling Date: 04/28/2009; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by the City of Jackson is denied. Graves, P.J., and Kitchens, J., not participating.

The Kroger Co. and Kroger Limited Partnership I v. Linda Knox; Hinds Circuit Court 1st District; LC Case #: 251-07-856CIV; Ruling Judge: W. Yerger; Disposition: Motion to Reconsider Sanction filed by Court Reporter Estella Wren is denied. Graves, P.J., would grant. Order entered.

Mississippi Department of Mental Health and Ellisville State School v. Dakari Ronies Shaw; Jones Circuit Court 1st District; LC Case #: 2008-2-CV1; Ruling Date: 08/28/2009; Ruling Judge: Billy Landrum; Majority Opinion: Dickinson, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Lamar and Pierce, JJ., Concur. Graves, P.J., Dissents With Separate Written Opinion Joined by Randolph, Kitchens and Chandler, JJ. Dissenting Opinion: Graves, P.J. Votes: Randolph, Kitchens and Chandler, JJ., Join This Opinion.

In Re: Petition of Attorney James N. Randall, Jr. for Reinstatement to the Practice of Law; Disposition: Petition of Attorney James N. Randall, Jr., for reinstatement to the practice of law in the State of Mississippi is granted. Order entered.

In Re: Petition of Attorney James N. Randall, Jr. for Reinstatement to the Practice of Law; Majority Opinion: Kitchens, J. Disposition: Petition of Attorney James N. Randall, Jr., for reinstatement to the practice of law in the State of Mississippi is granted. James N. Randall, Jr., taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.