10/23/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis
X  2013-CA-01124-SCT

William Gray, Individually, and on behalf of the Wrongful Death Beneficiaries of William T. Gray v. Arch Specialty Insurance Company; Monroe Circuit Court; LC Case #: CV09-151-GM; Ruling Date: 05/30/2013; Ruling Judge: Thomas Gardner, III; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ., Concur.

Mitchell Scruggs, Eddie Scruggs, Scruggs Farm & Supplies, LLC f/k/a and a/k/a Scruggs Farm Supply, Inc. and Scruggs Farm Joint Venture v. Greg Bost and Nowell Insurance Agency; Lee Circuit Court; LC Case #: 01-085-PL; Ruling Date: 02/06/2013; Ruling Judge: James Pounds; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Pierce, King and Coleman, JJ., Concur. Chandler, J., not participating.

EDW Investments, LLC v. Michelle Barnett, Spectrum Wireless, LLC, MWB Holdings, LLC and L4, LLC; Madison Circuit Court; LC Case #: CI 2011-188; Ruling Date: 03/22/2013; Ruling Judge: William Chapman, III; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Columbus Cheer Company v. City of Columbus, Mississippi, Mayor Robert Smith, Sr., Columbus Municipal School District, Dr. Del Phillips, Dr. Martha Liddell, Tommy Prude, Alma Turner, Currie Fisher, Bruce Hanson and Glenn Lautzenhiser; Lowndes Circuit Court; LC Case #: 2012-0107-CV1K; Ruling Date: 03/14/2013; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Randolph, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Rules for Court Reporters; Disposition: On the Court's own motion, Rule I.(U) of the Rules and Regulations Governing Certified Court Reporters is amended as set forth in Exhibit "A" effective January 1, 2015. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Agree: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ. Disagree: Randolph, P.J., and Chandler, J. Order entered. This order is to correct the previous order handed down on October 16, 2014.

Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK09-380; Ruling Date: 05/20/2011; Ruling Judge: Andrew Howorth; Disposition: Motions for rehearing filed by Appellant are denied. Dickinson, P.J., Kitchens, King and Coleman, JJ., would grant.

Russell Gary O'Brien v. Teri Suzanne O'Brien; Lamar Chancery Court; LC Case #: 2011-0042-GN-W; Ruling Date: 03/19/2012; Ruling Judge: Johnny Williams; Disposition: Petition for writ of certiorari filed by Teri Suzanne O'Brien is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J. Order entered.

Willie Crowell v. Anne Butts d/b/a Magnolia Wrecker & Towing Service and Fani Atkinson; Hinds Circuit Court 1st District; LC Case #: 251-11-642; Ruling Date: 04/12/2012; Ruling Judge: Winston Kidd; Majority Opinion: King, J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The judgment of the Hinds County Circuit Court is Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce and Coleman, JJ., Concur. Lamar, J., Concurs in Part and in Result Without Separate Written Opinion.

In the Matter of the Dissolution of the Marriage of Lecia Elizabeth Spriggs and Kurt Alan Buechler: Lecia Elizabeth Spriggs v. Kurt Alan Buechler; Madison Chancery Court; LC Case #: 2010-2061; Ruling Date: 02/08/2012; Ruling Judge: Cynthia Brewer; Disposition: Petition for writ of certiorari filed by Lecia Elizabeth Spriggs is denied. To Deny: All Justices. Order entered.

Garrett J. Prestenbach, Jr. and Irene E. Prestenbach v. J. Gerald Collins; Marion Chancery Court; LC Case #: 2012-0018-G-W; Ruling Date: 08/27/2012; Ruling Judge: Johnny Williams; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Johnson Trucking Company v. Peterbilt of Mississippi, Inc. a/k/a Peterbilt Truck Center of Jackson, LLC and Caterpillar, Inc.; Rankin Circuit Court; LC Case #: 2001-101; Ruling Date: 08/13/2012; Ruling Judge: William Chapman, III; Disposition: Peterbilt Truck Center of Jackson, LLC's and Caterpillar, Inc.'s petitions for writ of certiorari are denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce and King, JJ. To Grant: Coleman, J. Kitchens, J., not participating. Order entered.

Jerry Williams, as Administrator of the Estate of Phillip C. Hosch v. Mueller Copper Tube Company, Inc. and Mueller Industries, Inc.; Itawamba Circuit Court; LC Case #: CV12-181(R)I; Ruling Date: 10/31/2012; Ruling Judge: James Roberts, Jr.; Disposition: Petition for writ of certiorari filed by Appellees Mueller Copper Tube Company, Inc., and Mueller Industries, Inc., is denied. To Deny: All Justices. Order entered.

David Bursey a/k/a David Jermaine Bursey v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2010-0455-CR1; Ruling Date: 09/07/2012; Ruling Judge: Lee Coleman; Disposition: Petition for writ of certiorari filed by Appellant David Bursey is denied. To Deny: All Justices. Order entered.

Thong Le v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,067(1); Ruling Date: 03/03/2005; Ruling Judge: James Backstrom; Disposition: On the Court's own motion, the State of Mississippi must file a response to Thong Le's Petition for Extraordinary Relief and Motion to Stay. The response is due within 30 days after this order is entered. Le's time to file a supplement to his Motion for Leave to Proceed in the Trial Court with a Second Petition for Post-Conviction Relief is extended until further order by this Court. Order entered.

Mitchell Scruggs, Eddie Scruggs, Scruggs Farm & Supplies, LLC f/k/a and a/k/a Scruggs Farm Supply, Inc. and Scruggs Farm Joint Venture v. Greg Bost and Nowell Insurance Agency; Lee Circuit Court; LC Case #: 01-085-PL; Ruling Date: 02/06/2013; Ruling Judge: James Pounds; Disposition: Appellants' Scruggs Request for Judicial Notice is granted. Order entered.

Anthony Donnell Williams a/k/a Anthony Williams a/k/a Anthony D. Williams v. State of Mississippi; Adams Circuit Court; LC Case #: 06-KR-0175-J; Ruling Date: 06/30/2009; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for writ of certiorari filed by Anthony Donnell Williams is dismissed. M.R.A.P. 17(b). Order entered.

Dorothy Ann Glenn v. Andrew Powell; Leflore Circuit Court; LC Case #: 2013-0033; Ruling Date: 06/27/2013; Ruling Judge: Henry Lackey; Majority Opinion: Kitchens, J. Disposition: Affirmed in Part; Reversed and Vacated in Part. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Chandler, Pierce, King and Coleman, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Lamar, J. Dissenting Opinion: Dickinson, P.J. Votes: Lamar, J., Joins This Opinion.

Pearl River Valley Water Supply District v. Bobby L. Baker, Jr., et al.; Rankin Circuit Court; LC Case #: 2012-133-E; Ruling Date: 06/21/2013; Ruling Judge: John Emfinger; Disposition: Petition for Interlocutory Appeal filed by Appellant was granted by order of this Court on September 18, 2013. After hearing oral arguments and upon further consideration, the Court finds that there is no need for further review. On the Court's own motion, the Petition for Permission for Interlocutory Appeal is dismissed. All costs are assessed to appellant. To Dismiss: All Justices. Lamar, J., for the Court. Order entered.

Entergy Mississippi, Inc. v. Mary Bethanne Acey; Tunica Circuit Court; LC Case #: 2010-0149; Ruling Date: 07/17/2013; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Chandler and Coleman, JJ., Concur. Coleman, J., Specially Concurs With Separate Written Opinion Joined by Randolph, P.J., Chandler and Pierce, JJ. Lamar, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., Kitchens and King, JJ. Specially Concurring Opinion: Coleman, J. Votes: Randolph, P.J., Chandler and Pierce, JJ., Join This Opinion. Dissenting Opinion: Lamar, J. Votes: Dickinson, P.J., Kitchens and King, JJ., Join This Opinion.

Lauren Beth Czekala-Chatham v. The State of Mississippi, ex rel. Jim Hood Attorney General of the State of Mississippi; DeSoto Chancery Court; LC Case #: 13-CV-1702; Ruling Date: 12/02/2013; Ruling Judge: Mitchell Lundy, Jr.; Disposition: Motion to Withdraw and Substitute Motion for Leave to File Brief of Amici Curiae American Civil Liberties Union and American Civil Liberties Union of Mississippi in support of Lauren Beth Czekala-Chatham, Appellant, and revised Motion and Brief of American Civil Liberties Union and American Civil Liberties Union of Mississippi for Leave to File Brief as Amici Curiae in support of Lauren Beth Czekala-Chatham, Appellant, are granted. The amici brief filed as an attachment to the Substituted Amici Motion is accepted for filing. The State of Mississippi and Governor Phil Bryant, as Amicus Curiae in support of the State of Mississippi, may file their responses on or before November 14, 2014. To Grant: Waller, C.J., Dickinson, Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce and King, JJ. To Deny: Coleman, J. Order entered.