10/16/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
XX  2007-CA-00102-SCT

Leroy Calvert, Jr. v. Brian D. Griggs and Tanya N. Griggs; Clay Chancery Court; LC Case #: 2005-0124 (B); Ruling Date: 12/18/2006; Ruling Judge: Kenneth Burns; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Carlson, Graves, Dickinson and Lamar, JJ., Concur. Randolph, J., Specially Concurs With Separate Written Opinion Joined by Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ. Easley, J., not participating. Specially Concurring Opinion: Randolph, J. Votes: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ., Join This Opinion.

Leanora McClain, Individually and on Behalf of the Wrongful Death Beneficiaries of Carlton McClain, Deceased v. Steven G. Clark, M.D., Bennie B. Wright, M.D., Tarence E. Wade, M.D., and Bolivar Medical Center; Bolivar Circuit Court 2nd District; LC Case #: 2006-0035; Ruling Date: 02/16/2007; Ruling Judge: Charles Webster; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Concurs in Part and in Result.

Ronald David Way v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR 2007-0048 CD; Ruling Date: 07/23/2007; Ruling Judge: Robert Chamberlin; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Count I: Conviction of sexual battery upon a minor child and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, followed by twenty (20) years post-release supervision with five (5) years thereof reporting, affirmed. Count IV: Conviction of fondling and sentence of fifteen (15) years of post-release supervision non-reporting, in the Mississippi Department of Corrections, with conditions, affirmed. Sentence in Count IV shall run consecutively to the sentence in Count I. Appellant shall pay a fine of $1,000 and $1,000 to the Mississippi Children's Trust Fund; $100 to Mississippi's Crime Victim's Compensation Fund and $390.50 court costs. Appellant is given credit for 333 days time served. DeSoto County taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

In Re: Rules Governing Admission to The Mississippi Bar; Disposition: Rule VI. Admission by Comity and Reciprocity is amended, effective October 1, 2008, as set forth in Exhibit A attached to the order. The Clerk of this Court shall enter this order on the minutes of the Court and a true certified copy be forwarded to West Publishing Company for publication in the Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. Graves, J., objects to the requirement that an attorney-applicant must certify an intention to establish a permanent office in Mississippi. Order entered.

John Raines v. The Bottrell Insurance Agency, Inc.; Madison Chancery Court; LC Case #: 2005-0635; Ruling Date: 11/07/2006; Ruling Judge: William Lutz; Disposition: Agreed Motion to Dismiss Petition for Writ of Certiorari is granted. The petition for writ of certiorari is hereby dismissed upon entry of this order. John Raines is to bear any remaining costs of court, and each party is to bear its own costs, fees and expenses. Order entered.

John Raines v. The Bottrell Insurance Agency, Inc.; Madison Chancery Court; LC Case #: 2005-0635; Ruling Date: 11/07/2006; Ruling Judge: William Lutz; Disposition: Agreed Motion to Dismiss Petition for Writ of Certiorari is granted. The petition for writ of certiorari is hereby dismissed upon entry of this order. John Raines is to bear any remaining costs of court, and each party is to bear its own costs, fees and expenses. Order entered.

Michael Trice v. State of Mississippi; Lee Circuit Court; LC Case #: CV06-217(G)L; Ruling Date: 12/15/2006; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by Michael Trice is denied. To Deny: All Justices. Order entered.

Michael Wayne Williams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-072; Ruling Date: 10/12/2006; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., and Graves, J., would grant.

Mississippi Loggers Self Insured Fund, Inc. v. Andy Kaiser Logging, KCS Lumber Co., Indiana Lumbermen's Insurance Company and Mississippi Pacific Co. ; Lawrence Circuit Court; LC Case #: A2001-0032; Ruling Date: 02/26/2007; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by Mississippi Loggers Self-Insured Fund, Inc., is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

Lake Caroline Owner's Association and Lake Caroline, Inc. v. A & F Properties, LLC and Madison County Board of Supervisors; Madison Circuit Court; LC Case #: CI-2006-0331; Ruling Date: 03/07/2007; Ruling Judge: Samac Richardson; Disposition: Petition for Interlocutory Appeal filed by the petitioners is granted. Pursuant to MRAP 5(e), this Court reverses the March 28, 2008, order of the circuit court and vacates the stay ordered therein. The circuit court is directed to remand the proceedings to the Board with specific instructions to conduct a full hearing considering the existence vel non of the purported 1989 Master Plan and adoption of or amendments to the Master Plan, and to confirm, amend, or adopt a Master Plan and take such other actions as it deems advisable, as provided by law. On the Court's own motion, Cause No. 2007-CA-00640-SCT and Cause No. 2008-CA-00073-SCT are consolidated with Cause No. 2008-M-00665-SCT. Joint Motion to Suspend Briefing and to Stay Appeal filed by LCI and LCOA in Cause No. 2008-CA-00073-SCT is denied. Pursuant to MRAP 2(c), no appellee's brief shall be filed in Cause No. 2008-CA-00073-SCT. This case and all consolidated cases are remanded for proceedings consistent with this order. Graves, J., disagrees. Easley, J., not participating. Randolph, J., for the Court. Order entered.

Lake Caroline Owner's Association and Lake Caroline, Inc. v. A & F Properties, LLC and Madison County Board of Supervisors; Madison Circuit Court; LC Case #: CI-2006-0331; Ruling Date: 03/07/2007; Ruling Judge: Samac Richardson; Disposition: Petition for Interlocutory Appeal filed by the petitioners is granted. Pursuant to MRAP 5(e), this Court reverses the March 28, 2008, order of the circuit court and vacates the stay ordered therein. The circuit court is directed to remand the proceedings to the Board with specific instructions to conduct a full hearing considering the existence vel non of the purported 1989 Master Plan and adoption of or amendments to the Master Plan, and to confirm, amend, or adopt a Master Plan and take such other actions as it deems advisable, as provided by law. On the Court's own motion, Cause No. 2007-CA-00640-SCT and Cause No. 2008-CA-00073-SCT are consolidated with Cause No. 2008-M-00665-SCT. Joint Motion to Suspend Briefing and to Stay Appeal filed by LCI and LCOA in Cause No. 2008-CA-00073-SCT is denied. Pursuant to MRAP 2(c), no appellee's brief shall be filed in Cause No. 2008-CA-00073-SCT. This case and all consolidated cases are remanded for proceedings consistent with this order. Graves, J., disagrees. Easley, J., not participating. Randolph, J., for the Court. Order entered.

Lake Caroline Owner's Association and Lake Caroline, Inc. v. A & F Properties, LLC and Madison County Board of Supervisors; Madison Circuit Court; LC Case #: CI-2006-0331; Ruling Date: 03/07/2007; Ruling Judge: Samac Richardson; Disposition: Petition for Interlocutory Appeal filed by the petitioners is granted. Pursuant to MRAP 5(e), this Court reverses the March 28, 2008, order of the circuit court and vacates the stay ordered therein. The circuit court is directed to remand the proceedings to the Board with specific instructions to conduct a full hearing considering the existence vel non of the purported 1989 Master Plan and adoption of or amendments to the Master Plan, and to confirm, amend, or adopt a Master Plan and take such other actions as it deems advisable, as provided by law. On the Court's own motion, Cause No. 2007-CA-00640-SCT and Cause No. 2008-CA-00073-SCT are consolidated with Cause No. 2008-M-00665-SCT. Joint Motion to Suspend Briefing and to Stay Appeal filed by LCI and LCOA in Cause No. 2008-CA-00073-SCT is denied. Pursuant to MRAP 2(c), no appellee's brief shall be filed in Cause No. 2008-CA-00073-SCT. This case and all consolidated cases are remanded for proceedings consistent with this order. Graves, J., disagrees. Easley, J., not participating. Randolph, J., for the Court. Order entered.

Lake Caroline Owner's Association and Lake Caroline, Inc. v. A & F Properties, LLC and Madison County Board of Supervisors; Madison Circuit Court; LC Case #: CI-2006-0331; Ruling Date: 03/07/2007; Ruling Judge: Samac Richardson; Disposition: Petition for Interlocutory Appeal filed by the petitioners is granted. Pursuant to MRAP 5(e), this Court reverses the March 28, 2008, order of the circuit court and vacates the stay ordered therein. The circuit court is directed to remand the proceedings to the Board with specific instructions to conduct a full hearing considering the existence vel non of the purported 1989 Master Plan and adoption of or amendments to the Master Plan, and to confirm, amend, or adopt a Master Plan and take such other actions as it deems advisable, as provided by law. On the Court's own motion, Cause No. 2007-CA-00640-SCT and Cause No. 2008-CA-00073-SCT are consolidated with Cause No. 2008-M-00665-SCT. Joint Motion to Suspend Briefing and to Stay Appeal filed by LCI and LCOA in Cause No. 2008-CA-00073-SCT is denied. Pursuant to MRAP 2(c), no appellee's brief shall be filed in Cause No. 2008-CA-00073-SCT. This case and all consolidated cases are remanded for proceedings consistent with this order. Graves, J., disagrees. Easley, J., not participating. Randolph, J., for the Court. Order entered.

Greater Canton Ford Mercury, Inc. v. Pearl Lee Lane; Madison Circuit Court; LC Case #: CI2003-0200-C; Ruling Date: 05/14/2007; Ruling Judge: William Chapman, III; Majority Opinion: Lamar, J. Disposition: Affirmed in Part; Vacated in Part and Remanded. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Dickinson, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: Dickinson, J.

Albert Edmond v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2001-0309-CI; Ruling Date: 05/04/2007; Ruling Judge: Richard Smith; Disposition: Motion for rehearing filed pro se by appellant is dismissed as untimely filed. Diaz, P.J., disagrees.

A & F Properties, L.L.C. v. Madison County Board of Supervisors, Lake Caroline, Inc. and Lake Caroline Owner's Association; Madison Circuit Court; LC Case #: CI-2007-0154; Ruling Date: 11/29/2007; Ruling Judge: Samac Richardson; Disposition: Petition for Interlocutory Appeal filed by the petitioners is granted. Pursuant to MRAP 5(e), this Court reverses the March 28, 2008, order of the circuit court and vacates the stay ordered therein. The circuit court is directed to remand the proceedings to the Board with specific instructions to conduct a full hearing considering the existence vel non of the purported 1989 Master Plan and adoption of or amendments to the Master Plan, and to confirm, amend, or adopt a Master Plan and take such other actions as it deems advisable, as provided by law. On the Court's own motion, Cause No. 2007-CA-00640-SCT and Cause No. 2008-CA-00073-SCT are consolidated with Cause No. 2008-M-00665-SCT. Joint Motion to Suspend Briefing and to Stay Appeal filed by LCI and LCOA in Cause No. 2008-CA-00073-SCT is denied. Pursuant to MRAP 2(c), no appellee's brief shall be filed in Cause No. 2008-CA-00073-SCT. This case and all consolidated cases are remanded for proceedings consistent with this order. Graves, J., disagrees. Easley, J., not participating. Randolph, J., for the Court. Order entered.

A & F Properties, L.L.C. v. Madison County Board of Supervisors, Lake Caroline, Inc. and Lake Caroline Owner's Association; Madison Circuit Court; LC Case #: CI-2007-0154; Ruling Date: 11/29/2007; Ruling Judge: Samac Richardson; Disposition: Petition for Interlocutory Appeal filed by the petitioners is granted. Pursuant to MRAP 5(e), this Court reverses the March 28, 2008, order of the circuit court and vacates the stay ordered therein. The circuit court is directed to remand the proceedings to the Board with specific instructions to conduct a full hearing considering the existence vel non of the purported 1989 Master Plan and adoption of or amendments to the Master Plan, and to confirm, amend, or adopt a Master Plan and take such other actions as it deems advisable, as provided by law. On the Court's own motion, Cause No. 2007-CA-00640-SCT and Cause No. 2008-CA-00073-SCT are consolidated with Cause No. 2008-M-00665-SCT. Joint Motion to Suspend Briefing and to Stay Appeal filed by LCI and LCOA in Cause No. 2008-CA-00073-SCT is denied. Pursuant to MRAP 2(c), no appellee's brief shall be filed in Cause No. 2008-CA-00073-SCT. This case and all consolidated cases are remanded for proceedings consistent with this order. Graves, J., disagrees. Easley, J., not participating. Randolph, J., for the Court. Order entered.

A & F Properties, L.L.C. v. Madison County Board of Supervisors, Lake Caroline, Inc. and Lake Caroline Owner's Association; Madison Circuit Court; LC Case #: CI-2007-0154; Ruling Date: 11/29/2007; Ruling Judge: Samac Richardson; Disposition: Petition for Interlocutory Appeal filed by the petitioners is granted. Pursuant to MRAP 5(e), this Court reverses the March 28, 2008, order of the circuit court and vacates the stay ordered therein. The circuit court is directed to remand the proceedings to the Board with specific instructions to conduct a full hearing considering the existence vel non of the purported 1989 Master Plan and adoption of or amendments to the Master Plan, and to confirm, amend, or adopt a Master Plan and take such other actions as it deems advisable, as provided by law. On the Court's own motion, Cause No. 2007-CA-00640-SCT and Cause No. 2008-CA-00073-SCT are consolidated with Cause No. 2008-M-00665-SCT. Joint Motion to Suspend Briefing and to Stay Appeal filed by LCI and LCOA in Cause No. 2008-CA-00073-SCT is denied. Pursuant to MRAP 2(c), no appellee's brief shall be filed in Cause No. 2008-CA-00073-SCT. This case and all consolidated cases are remanded for proceedings consistent with this order. Graves, J., disagrees. Easley, J., not participating. Randolph, J., for the Court. Order entered.

A & F Properties, L.L.C. v. Madison County Board of Supervisors, Lake Caroline, Inc. and Lake Caroline Owner's Association; Madison Circuit Court; LC Case #: CI-2007-0154; Ruling Date: 11/29/2007; Ruling Judge: Samac Richardson; Disposition: Petition for Interlocutory Appeal filed by the petitioners is granted. Pursuant to MRAP 5(e), this Court reverses the March 28, 2008, order of the circuit court and vacates the stay ordered therein. The circuit court is directed to remand the proceedings to the Board with specific instructions to conduct a full hearing considering the existence vel non of the purported 1989 Master Plan and adoption of or amendments to the Master Plan, and to confirm, amend, or adopt a Master Plan and take such other actions as it deems advisable, as provided by law. On the Court's own motion, Cause No. 2007-CA-00640-SCT and Cause No. 2008-CA-00073-SCT are consolidated with Cause No. 2008-M-00665-SCT. Joint Motion to Suspend Briefing and to Stay Appeal filed by LCI and LCOA in Cause No. 2008-CA-00073-SCT is denied. Pursuant to MRAP 2(c), no appellee's brief shall be filed in Cause No. 2008-CA-00073-SCT. This case and all consolidated cases are remanded for proceedings consistent with this order. Graves, J., disagrees. Easley, J., not participating. Randolph, J., for the Court. Order entered.

Madison County Board of Supervisors and A & F Properties, LLC v. Lake Caroline Owner's Association and Lake Caroline, Inc.; Madison Circuit Court; LC Case #: CI 2008-0022-JR; Ruling Date: 03/28/2008; Ruling Judge: Samac Richardson; Disposition: Petition for Interlocutory Appeal filed by the petitioners is granted. Pursuant to MRAP 5(e), this Court reverses the March 28, 2008, order of the circuit court and vacates the stay ordered therein. The circuit court is directed to remand the proceedings to the Board with specific instructions to conduct a full hearing considering the existence vel non of the purported 1989 Master Plan and adoption of or amendments to the Master Plan, and to confirm, amend, or adopt a Master Plan and take such other actions as it deems advisable, as provided by law. On the Court's own motion, Cause No. 2007-CA-00640-SCT and Cause No. 2008-CA-00073-SCT are consolidated with Cause No. 2008-M-00665-SCT. Joint Motion to Suspend Briefing and to Stay Appeal filed by LCI and LCOA in Cause No. 2008-CA-00073-SCT is denied. Pursuant to MRAP 2(c), no appellee's brief shall be filed in Cause No. 2008-CA-00073-SCT. This case and all consolidated cases are remanded for proceedings consistent with this order. Graves, J., disagrees. Easley, J., not participating. Randolph, J., for the Court. Order entered.

Madison County Board of Supervisors and A & F Properties, LLC v. Lake Caroline Owner's Association and Lake Caroline, Inc.; Madison Circuit Court; LC Case #: CI 2008-0022-JR; Ruling Date: 03/28/2008; Ruling Judge: Samac Richardson; Disposition: Petition for Interlocutory Appeal filed by the petitioners is granted. Pursuant to MRAP 5(e), this Court reverses the March 28, 2008, order of the circuit court and vacates the stay ordered therein. The circuit court is directed to remand the proceedings to the Board with specific instructions to conduct a full hearing considering the existence vel non of the purported 1989 Master Plan and adoption of or amendments to the Master Plan, and to confirm, amend, or adopt a Master Plan and take such other actions as it deems advisable, as provided by law. On the Court's own motion, Cause No. 2007-CA-00640-SCT and Cause No. 2008-CA-00073-SCT are consolidated with Cause No. 2008-M-00665-SCT. Joint Motion to Suspend Briefing and to Stay Appeal filed by LCI and LCOA in Cause No. 2008-CA-00073-SCT is denied. Pursuant to MRAP 2(c), no appellee's brief shall be filed in Cause No. 2008-CA-00073-SCT. This case and all consolidated cases are remanded for proceedings consistent with this order. Graves, J., disagrees. Easley, J., not participating. Randolph, J., for the Court. Order entered.

Madison County Board of Supervisors and A & F Properties, LLC v. Lake Caroline Owner's Association and Lake Caroline, Inc.; Madison Circuit Court; LC Case #: CI 2008-0022-JR; Ruling Date: 03/28/2008; Ruling Judge: Samac Richardson; Disposition: Petition for Interlocutory Appeal filed by the petitioners is granted. Pursuant to MRAP 5(e), this Court reverses the March 28, 2008, order of the circuit court and vacates the stay ordered therein. The circuit court is directed to remand the proceedings to the Board with specific instructions to conduct a full hearing considering the existence vel non of the purported 1989 Master Plan and adoption of or amendments to the Master Plan, and to confirm, amend, or adopt a Master Plan and take such other actions as it deems advisable, as provided by law. On the Court's own motion, Cause No. 2007-CA-00640-SCT and Cause No. 2008-CA-00073-SCT are consolidated with Cause No. 2008-M-00665-SCT. Joint Motion to Suspend Briefing and to Stay Appeal filed by LCI and LCOA in Cause No. 2008-CA-00073-SCT is denied. Pursuant to MRAP 2(c), no appellee's brief shall be filed in Cause No. 2008-CA-00073-SCT. This case and all consolidated cases are remanded for proceedings consistent with this order. Graves, J., disagrees. Easley, J., not participating. Randolph, J., for the Court. Order entered.

Madison County Board of Supervisors and A & F Properties, LLC v. Lake Caroline Owner's Association and Lake Caroline, Inc.; Madison Circuit Court; LC Case #: CI 2008-0022-JR; Ruling Date: 03/28/2008; Ruling Judge: Samac Richardson; Disposition: Petition for Interlocutory Appeal filed by the petitioners is granted. Pursuant to MRAP 5(e), this Court reverses the March 28, 2008, order of the circuit court and vacates the stay ordered therein. The circuit court is directed to remand the proceedings to the Board with specific instructions to conduct a full hearing considering the existence vel non of the purported 1989 Master Plan and adoption of or amendments to the Master Plan, and to confirm, amend, or adopt a Master Plan and take such other actions as it deems advisable, as provided by law. On the Court's own motion, Cause No. 2007-CA-00640-SCT and Cause No. 2008-CA-00073-SCT are consolidated with Cause No. 2008-M-00665-SCT. Joint Motion to Suspend Briefing and to Stay Appeal filed by LCI and LCOA in Cause No. 2008-CA-00073-SCT is denied. Pursuant to MRAP 2(c), no appellee's brief shall be filed in Cause No. 2008-CA-00073-SCT. This case and all consolidated cases are remanded for proceedings consistent with this order. Graves, J., disagrees. Easley, J., not participating. Randolph, J., for the Court. Order entered.