Supreme Court of MississippiHand Down List
October 20, 2016
10/20/2016 - Hand Down and published opinions in WordPerfect/ZIP format
King, Leslie D.
XX 2014-CA-01774-SCT
Pascagoula-Gautier School District, formerly known as Pascagoula School District and City of Pascagoula, Mississippi v. Board of Supervisors of Jackson County, Mississippi; Jackson Circuit Court; LC Case #: 2011-00245 (3); Ruling Date: 11/19/2014; Ruling Judge: Samac Richardson; Majority Opinion: King, J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellants and Appellee are taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens and Maxwell, JJ., Concur. Coleman, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Lamar and Beam, JJ.; Maxwell, J. Joins In Part. Concurring in Part and Dissenting in Part Opinion: Coleman, J. Votes: Lamar and Beam, JJ., Join This Opinion. Maxwell, J., Joins This Opinion in Part.
Randolph, Michael K.
X 2014-CA-01660-SCT
Cleveland Nursing and Rehabilitation, LLC v. Estate of Annie Mae Gully, by and through the Administratrix, Eva Bellmon; Bolivar Circuit Court 2nd District; LC Case #: 2010-0007; Ruling Date: 11/01/2013; Ruling Judge: Charles Webster; Majority Opinion: Randolph, P.J. Disposition: On Direct Appeal: Affirmed in Part; Reversed in Part and Remanded. On Cross-Appeal: Affirmed. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ., Concur.
EN BANC
89-R-99033-SCT
In Re: Uniform Rules of Youth Court Practice; Disposition: The petition is granted in part: the Council's Petition to Amend Certain Rules of the Mississippi Uniform Rules of Youth Court Practice to Conform with Recent Legislative Changes and to clarify Procedures, filed October 9, 2013, is dismissed as moot; and the Council's Petition on Amending Certain Rules of the Mississippi Uniform Rules of Youth Court Practice to Conform with Recent Legislative Changes and to Clarify Procedures is granted to the extent that the Uniform Rules of Youth Court Practice are amended as set forth in the attached Exhibit A. The amendments set forth in the attached Exhibit A shall take effect December 1, 2016. The Clerk of this Court must spread this order upon the minutes of the Court and must forward a certified copy to West Publishing Company for publication as soon as practicable in the advance sheets of the Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court. All Justices Agree. Order entered.
EN BANC
2013-CT-01151-SCT
Natyyo Gray a/k/a Natyyo N. Gray v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 12-202crW; Ruling Date: 02/28/2013; Ruling Judge: Jeff Weill, Sr.; Disposition: The Petition for Writ of Certiorari filed pro se by Natyyo Gray is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Maxwell, J. Order entered.
EN BANC
2014-KA-00123-SCT
State of Mississippi v. Kevin Scott a/k/a Kevin V. Scott a/k/a Kevin Vincent Scott a/k/a Kelvin Scott a/k/a Kelvin Vincent Scott; Bolivar Circuit Court 2nd District; LC Case #: 8338; Ruling Date: 01/14/2014; Ruling Judge: Johnnie Walls, Jr.; Disposition: Before the Court, en banc, on the Court's own motion, the Court finds supplementation of the record is "necessary to convey a fair, accurate, and complete account of what transpired in the trial court with respect to those issues that are the bases of appeal." M.R.A.P. 10(e) & (f). Within thirty days of the entry of this order, the Bolivar County Circuit Court shall determine if the document attached as Exhibit B to the State's appellant brief was in fact submitted to Judge Walls prior to his January 14, 2015 order. And if so, the court shall order that the record be supplemented with said document. Agree: Waller, C.J., Randolph, P.J., Coleman, Maxwell and Beam, JJ. King, J., Objects to the order with Separate Written Statement joined by Dickinson, P.J., Lamar and Kitchens, JJ. Order entered 10/18/16.
EN BANC
2014-CT-01268-SCT
Michael Kirby and William T. Heimer v. BancorpSouth Bank; Madison Circuit Court; LC Case #: CI2008-0279-JC; Ruling Date: 08/07/2014; Ruling Judge: William Chapman, III; Disposition: The Petition for Writ of Certiorari filed by Michael Kirby and William T. Heimer is granted. To Grant: Waller, C.J., Lamar, Kitchens, King and Beam, JJ. To Deny: Dickinson, P.J., and Coleman, J. Not Participating: Randolph, P.J., and Maxwell, J. Order entered.
EN BANC
2014-KA-01368-SCT
Gregory Wayne Colburn a/k/a Gregory Wayne Culburn v. State of Mississippi; Rankin Circuit Court; LC Case #: 25,635; Ruling Date: 08/19/2014; Ruling Judge: William Chapman, III; Disposition: The Motion for Rehearing filed by Appellant is denied. Kitchens, J., would grant.
EN BANC
X 2014-CT-01730-SCT
Hudspeth Regional Center and Mississippi State Agencies Self-Insured Workers' Compensation Trust v. Linda Mitchell; LC Case #: 1110464-M-1964-E-32; Ruling Date: 11/20/2014; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ., Concur. Maxwell, J., not participating.
EN BANC
2016-M-01457-SCT
Maria E. Thompson v. Dennis L. Holliman and Allstate Property and Casualty Insurance Company; Harrison County Court 2nd District; LC Case #: D2402-14-279; Ruling Date: 10/07/2016; Ruling Judge: Gaston Hewes, Jr.; Disposition: Maria Thompson's Petition for Interlocutory Appeal and Motion to Stay Trial Court Proceedings is denied. Maria Thompson's Motion for Expedited Ruling on Motion to Stay Trial Court Proceedings is dismissed as moot. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Coleman, Maxwell and Beam, JJ. To Grant: Kitchens and King, JJ. Order entered 10/19/16.