11/01/2012 - Hand Down and published opinions in WordPerfect/ZIP format

King, Leslie D.
X  2010-SA-01073-SCT

Mississippi Department of Environmental Quality v. Pacific Chlorine, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-05-27CIV; Ruling Date: 09/16/2009; Ruling Judge: Winston Kidd; Majority Opinion: King, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Lea Ann Byrd v. Jonathan Wayne Byrd; Bolivar Chancery Court 1st District; LC Case #: 2009-0093; Ruling Date: 06/30/2011; Ruling Judge: Jon Barnwell; Majority Opinion: Pierce, J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar, Kitchens, Chandler and King, JJ., Concur.

John Mollaghan and John Vincent v. Sonya Varnell, Individually and Officially, Estate of Dr. Horace Fleming, Deceased; Richard Giannini, Individually and Officially; and University of Southern Mississippi AND Sonya Varnell v. Ged O'Connor; Forrest Circuit Court; LC Case #: CI01-0056; Ruling Date: 06/20/2008; Ruling Judge: Robert Helfrich; Majority Opinion: Lamar, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Reversed and Rendered. Appellants and Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Kitchens, Chandler and King, JJ., Concur. Pierce, J., not participating.

Ricky Lee Godbolt v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 09-0-033; Ruling Date: 03/31/2010; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed pro se by Ricky Lee Godbolt is denied. To Deny: All Justices. Order entered.

Mississippi Department of Environmental Quality v. Pacific Chlorine, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-05-27CIV; Ruling Date: 09/16/2009; Ruling Judge: Winston Kidd; Disposition: Motion to Withdraw as counsel of Record filed by Johanna M. McMullan and Page, Mannino, Peresich & McDermott, PLLC, is granted. Order entered.

John Daniel Rodgers v. State of Mississippi; Monroe Circuit Court; LC Case #: CR09-032-RM; Ruling Date: 02/26/2010; Ruling Judge: James Roberts, Jr.; Disposition: Petition for writ of certiorari filed by John Daniel Rodgers is denied. To Deny: Waller, C.J., Carlson and Dickinson, P.JJ., Randolph, Lamar and Pierce, JJ. To Grant: Kitchens and King, JJ. Not Participating: Chandler, J. Order entered.

Ouida J. Claiborne v. Ocwen Loan Servicing LLC; Warren Circuit Court; LC Case #: 07,0188CI; Ruling Date: 02/06/2009; Ruling Judge: Frank Vollor; Disposition: Ocwen's Motion to Enforce Court Order is granted. On the Court's own motion, Claiborne's appeal is hereby dismissed pursuant to Rule 2(a) of the Mississippi Rules of Appellate Procedure, as Claiborne has failed to comply with the procedural requirements of this Court; all costs are assessed to Claiborne in this matter. Pierce, J., for the Court. Order entered.

Ouida J. Claiborne v. Ocwen Loan Servicing LLC; Warren Circuit Court; LC Case #: 07,0188CI; Ruling Date: 02/06/2009; Ruling Judge: Frank Vollor; Disposition: Ocwen's Motion to Enforce Court Order is granted. On the Court's own motion, Claiborne's appeal is hereby dismissed pursuant to Rule 2(a) of the Mississippi Rules of Appellate Procedure, as Claiborne has failed to comply with the procedural requirements of this Court; all costs are assessed to Claiborne in this matter. Pierce, J., for the Court. Order entered.

Ouida J. Claiborne v. Ocwen Loan Servicing LLC; Warren Circuit Court; LC Case #: 07,0188CI; Ruling Date: 02/06/2009; Ruling Judge: Frank Vollor; Disposition: Appellee's Motion to Take Judicial Notice of Certain Documents or in the Alternative to Supplement the Record on Appeal is granted. Order entered.

Ouida J. Claiborne v. Ocwen Loan Servicing LLC; Warren Circuit Court; LC Case #: 07,0188CI; Ruling Date: 02/06/2009; Ruling Judge: Frank Vollor; Disposition: Appellee's Motion to Strike Claiborne's Second Set of Record Excerpts is denied. Order entered.

Tyrell Williams v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2009-079-CR2; Ruling Date: 12/07/2010; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed by counsel for Tyrell Williams is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. Order entered.

Michael Borne, Honey E. Holman, Eastover Lake Association, and Bryant M. Allen, et al. v. Estate of T. L. Carraway, Jr.; Thomas L. Carraway, Jr. Living Trust and City of Jackson, Mississippi AND City of Jackson, Mississippi v. Estate of T.L. Carraway, Jr.; Eastover Lake Association; Michael Borne; Honey E. Holman; and Bryant M. Allen, et al.; Hinds Chancery Court 1st District; LC Case #: G-2006-1760-O/3; Ruling Date: 01/21/2011; Ruling Judge: Denise Owens; Disposition: Appellants' Motion to Supplement the Record and Other Relief is denied. Order entered.

Michael Borne, Honey E. Holman, Eastover Lake Association, and Bryant M. Allen, et al. v. Estate of T. L. Carraway, Jr.; Thomas L. Carraway, Jr. Living Trust and City of Jackson, Mississippi AND City of Jackson, Mississippi v. Estate of T.L. Carraway, Jr.; Eastover Lake Association; Michael Borne; Honey E. Holman; and Bryant M. Allen, et al.; Hinds Chancery Court 1st District; LC Case #: G-2006-1760-O/3; Ruling Date: 01/21/2011; Ruling Judge: Denise Owens; Majority Opinion: Chandler, J. Disposition: Affirmed in Part; Reversed and Rendered in Part; and Remanded. Appellants and Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Kitchens, Pierce and King, JJ., Concur. Dickinson, P.J., Dissents With Separate Written Opinion Joined by Randolph and Lamar, JJ. Dissenting Opinion: Dickinson, P.J. Votes: Randolph and Lamar, JJ., Join This Opinion.

Denise Allcock, Administratrix on Behalf of the Wrongful Death Beneficiaries and the Estate of Robert E. Allcock, II v. Antoinette Bannister, M.D. and The Children's Clinic; Harrison Circuit Court 1st District; LC Case #: A2401-2004-266; Ruling Date: 10/20/2010; Ruling Judge: John Gargiulo; Majority Opinion: Dickinson, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, Lamar and Pierce, JJ., Concur. King, J., Dissents With Separate Written Opinion Joined by Carlson, P.J., Kitchens and Chandler, JJ. Dissenting Opinion: King, J. Votes: Carlson, P.J., Kitchens and Chandler, JJ., Join This Opinion.

Nydreeka Williams, by and through her Mother and Next Friend, Theresa Raymond, and Theresa Raymond, as Administrator of the Estate of Robert Earl Williams, Deceased v. Wal-Mart Stores East, L.P., and Martha Parker; Sunflower Circuit Court; LC Case #: 2009-0016-CI; Ruling Date: 01/19/2011; Ruling Judge: W. Hines; Disposition: Motion for rehearing filed by Appellants is denied. Dickinson, P.J., Kitchens, Chandler and King, JJ., would grant.

Eddie E. Douglas and Yazoo Valley Electric Power Association v. James A. Burley, Parent/Guardian and Next Friend of Joshua Hill, deceased, Jakura Hill, deceased, and Earnestine Hill, as Administrator of The Estate of and on Behalf of all Wrongful Death Beneficiaries of Francesca Hill, deceased; Yazoo Circuit Court; LC Case #: 2004-C146; Ruling Date: 03/18/2011; Ruling Judge: Jannie Lewis; Disposition: Joint Motion for Expedited Proceedings filed by Appellants and Appellees is denied. Order entered.

Eddie E. Douglas and Yazoo Valley Electric Power Association v. James A. Burley, Parent/Guardian and Next Friend of Joshua Hill, deceased, Jakura Hill, deceased, and Earnestine Hill, as Administrator of The Estate of and on Behalf of all Wrongful Death Beneficiaries of Francesca Hill, deceased; Yazoo Circuit Court; LC Case #: 2004-C146; Ruling Date: 03/18/2011; Ruling Judge: Jannie Lewis; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Dickinson, P.JJ., and Randolph, J., Concur. Chandler, J., Dissents With Separate Written Opinion Joined by Kitchens, Pierce and King, JJ. Dissenting Opinion: Chandler, J. Votes: Kitchens, Pierce and King, JJ., Join This Opinion.

Anadarko Petroleum Corporation v. State Oil & Gas Board of Mississippi and Kelly Oil Company; Hinds Chancery Court 1st District; LC Case #: G-2010-823S/2; Ruling Date: 05/10/2011; Ruling Judge: William Singletary; Disposition: Motion for rehearing filed by Appellant is denied.

Lea Ann Byrd v. Jonathan Wayne Byrd; Bolivar Chancery Court 1st District; LC Case #: 2009-0093; Ruling Date: 06/30/2011; Ruling Judge: Jon Barnwell; Disposition: Appellant's Motion to Strike and for Sanctions for Failure to Comply with Mississippi Rules of Appellate Procedure is denied. Order entered.

Lea Ann Byrd v. Jonathan Wayne Byrd; Bolivar Chancery Court 1st District; LC Case #: 2009-0093; Ruling Date: 06/30/2011; Ruling Judge: Jon Barnwell; Disposition: Appellee's Motion for Approval of Sale of Property and Other Relief is dismissed as moot. Order entered.

Lea Ann Byrd v. Jonathan Wayne Byrd; Bolivar Chancery Court 1st District; LC Case #: 2009-0093; Ruling Date: 06/30/2011; Ruling Judge: Jon Barnwell; Disposition: Appellee's Motion to Modify the Record on Appeal is denied. Order entered.