10/25/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D., J.
XX  2016-CA-01293-SCT

Charles Fairley, as Conservator of the Estate of James D. Owens v. Total Transportation of Mississippi, LLC, a Corporation; and Will Gates, an Individual; Humphreys Circuit Court; LC Case #: 2014-0057; Ruling Date: 08/01/2016; Ruling Judge: Jannie Lewis; Majority Opinion: Maxwell, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Kitchens, P.J., King, Coleman, Beam, Chamberlin and Ishee, JJ., Concur. Randolph, P.J., Specially Concurs with Separate Written Opinion Joined by Waller, C.J., Coleman and Ishee, JJ. Specially Concurring Opinion: Randolph, P.J. Votes: Waller, C.J., Coleman and Ishee, JJ., Join This Opinion.

Julian Hawkins a/k/a Julian Michael Hawkins v. State of Mississippi; Forrest Circuit Court; LC Case #: 16-647H; Ruling Date: 06/13/2017; Ruling Judge: Robert Helfrich; Majority Opinion: King, J. Disposition: Affirmed in Part; Vacated in Part and Remanded. Forrest County taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

John Morgan v. XLK International, LLC; Hinds Chancery Court 1st District; LC Case #: 15-cv-001576; Ruling Date: 09/15/2016; Ruling Judge: J. Thomas; Majority Opinion: Kitchens, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

KPMG, LLP v. Singing River Health System a/k/a Singing River Hospital System; Hinds Circuit Court 1st District; LC Case #: 25CI1:15-cv-00563- WLK; Ruling Date: 07/12/2017; Ruling Judge: Winston Kidd; Majority Opinion: Randolph, P.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

In Re: Uniform Rules of Circuit and County Court Practice; Disposition: The Motion to Amend Rule 4.04 of the Uniform Circuit and County Court Rules filed by the Advisory Committee on Rules is dismissed without prejudice. All Justices Agree. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: Rules 1, 25, 27, 28, 30, 31, 32, and 40 of the Mississippi Rules of Appellate Procedure, and certain comments to those rules are amended as set forth in the attached Exhibit A. The amendments are effective upon entry of this order. All Justices Agree. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: The Mississippi Bar's Bench-Bar Liaison Committee's proposal to amend Rule 15 of the Mississippi Rules of Appellate Procedure is denied. All Justices Agree. Order entered.

In Re: MEC's Administrative Procedures; Disposition: The Administrative Procedures for Mississippi Electronic Courts are amended as set forth in the attached Exhibit A. The amendments shall be effective upon entry of this order. All Justices Agree. Order entered.

Kelly Mann a/k/a Kelly M. Mann v. State of Mississippi; Leake Circuit Court; LC Case #: 17-CV-031-LE-CC; Ruling Date: 02/21/2017; Ruling Judge: Christopher Collins; Disposition: The Petition for Writ of Certiorari filed pro se by Kelly Mann is denied. To Deny: All Justices. Order entered.

Tobias Coleman a/k/a Tobias R. Coleman a/k/a Tobias Rayshun Coleman a/k/a Tabias Coleman a/k/a Tabias Rayshun Coleman v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2014-0259-CRK; Ruling Date: 02/01/2017; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Oktibbeha County taxed with costs of appeal. Votes: Kitchens, P.J., King, Coleman, Beam, Chamberlin and Ishee, JJ., Concur. Maxwell, J., Concurs in Part and in Result with Separate Written Opinion Joined by Randolph, P.J.; Waller, C.J., and Beam, J. Join in Part. Concurring in Part and in Result Opinion: Maxwell, J. Votes: Randolph, P.J., Joins This Opinion. Waller, C.J., and Beam, J., Join This Opinion in Part.

Leslie Smith as Personal Representative of the Estate of Marcus D. Smith v. Rosalinde Minier, as Personal Representative of Ingeborg Steiner; Landstar Ranger, Inc.; Charles C. Emslie; Werner Enterprises, Inc.; Daniel Mitchell; Jackson Circuit Court; LC Case #: 2015-00,153(1); Ruling Date: 06/19/2018; Ruling Judge: Robert Krebs; Disposition: The Petition for Interlocutory Appeal filed by Leslie Smith, as Personal Representative of the Estate of Marcus D. Smith is denied. To Deny: Waller, C.J., Randolph, P.J., Maxwell, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J., King, Coleman and Beam, JJ. Order entered.