11/02/2017 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2016-CA-00742-SCT

Cyndy Howarth, Individually, Wife, Wrongful Death Beneficiary, and as Executrix of the Estate of Richard Howarth, Jr., Deceased, Juliet Howarth McDonald, Individually, Daughter, and as Wrongful Death Beneficiary of Richard Howarth, Jr., Deceased, and Cyndy Howarth, as Guardian, Natural Mother and Next Friend of Cynthia Howarth, a Minor and Wrongful Death Beneficiary of Richard Howarth, Jr., Deceased v. M & H Ventures, LLC; Neshoba Circuit Court; LC Case #: 13-CV-0237-NS-C; Ruling Date: 02/11/2016; Ruling Judge: Vernon Cotten; 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.

In Re: Code of Judicial Conduct; Disposition: The Code of Judicial Conduct is amended as set forth in Exhibit A. This amendment is effective immediately. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). Agree: Randolph, P.J., Coleman, Maxwell, Beam and Chamberlin, JJ. Waller, C.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J., and King, J. King, J., Objects to the Order with Separate Written Statement Joined by Waller, C.J., and Kitchens, P.J. Not Participating: Ishee, J. Randolph, P.J., for the Court. Order entered.

Curtis Giovanni Flowers a/k/a Curtis Flowers a/k/a Curtis G. Flowers v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2003-0071-CR; Ruling Date: 06/19/2010; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Coleman, J. Disposition: Affirmed. Montgomery County taxed with costs of appeal. Votes: Randolph, P.J., Maxwell, Beam and Chamberlin, JJ., Concur. Waller, C.J., Dissents with Separate Written Opinion Joined by Kitchens, P.J., and Ishee, J. King, J., Dissents with Separate Written Opinion Joined by Kitchens, P.J.; Waller, C.J., Joins in Part. Dissenting Opinion: Waller, C.J. Votes: Kitchens, P.J., and Ishee, J., Join This Opinion. Dissenting Opinion: King, J. Votes: Kitchens, P.J., Joins This Opinion. Waller, C.J., Joins In Part with Opinion.

Theodosius M. Torrey a/k/a Theodosius Maurice Torrey a/k/a T.M. Torrey a/k/a "LoCo" a/k/a Theodosius M. Torrey, Sr. a/k/a Maurice Torrey a/k/a Theododius Maurice Torrey v. State of Mississippi; Jackson Circuit Court; LC Case #: 2009-10,981(3); Ruling Date: 05/22/2013; Ruling Judge: Dale Harkey; Disposition: The Petition for Writ of Certiorari filed by Theodosius M. Torrey is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Jeffrey Lance Hill a/k/a Jeffrey L. Hill a/k/a Jeff Hill a/k/a Jeffrey Hill a/k/a Jeffrey Scott Hill v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2010-0443-CRC; Ruling Date: 05/05/2015; Ruling Judge: Lee Coleman; Disposition: Jeffrey Hill's Notice of Appeal, which is in the nature of a Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Annie Y. Griffin and Frederick Griffin v. ABN AMRO Mortgage Group, Inc., Its Affiliates, Heirs, and Assigns, Morris & Associates, Emily K. Courteau, Individually and in Her Capacity as Substituted Trustee on the Deed of Trust, and CitiMortgage Inc., as Successor in Interest to ABN; DeSoto Chancery Court; LC Case #: 14-CV-0001; Ruling Date: 08/21/2015; Ruling Judge: Mitchell Lundy, Jr.; Disposition: The Writ of Certiorari filed by Annie Y. Griffin and Frederick Griffin, pro se, is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Graceland Care Center of New Albany, LLC, Advanced Healthcare Management, Inc., Karen Clayton, in her Official Capacity as Administrator of Graceland Care Center of New Albany, W. Larry Overstreet and Sharon Windham v. Teresa Hamlet, on Behalf of Jimmy Kinard, Deceased; Union Circuit Court; LC Case #: 2014-213; Ruling Date: 11/17/2015; Ruling Judge: John Luther; Disposition: The Motion for Rehearing filed by the Appellants is denied. The previous opinions are withdrawn and these opinions are substituted therfor. Affirmed and Remanded. See opinions of this Court handed down this date. Waller, C.J., Randolph, P.J., and Ishee, J., not participating.

Graceland Care Center of New Albany, LLC, Advanced Healthcare Management, Inc., Karen Clayton, in her Official Capacity as Administrator of Graceland Care Center of New Albany, W. Larry Overstreet and Sharon Windham v. Teresa Hamlet, on Behalf of Jimmy Kinard, Deceased; Union Circuit Court; LC Case #: 2014-213; Ruling Date: 11/17/2015; Ruling Judge: John Luther; Majority Opinion: King, J. Disposition: The motion for rehearing is denied. The original opinions are withdrawn and these opinions are substituted therfor. Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Kitchens, P.J., Maxwell and Chamberlin, JJ., Concur. Coleman, J., Dissents with Separate Written Opinion Joined by Beam, J. Waller, C.J., Randolph, P.J., and Ishee, J., not participating. Dissenting Opinion: Coleman, J. Votes: Beam, J., Joins This Opinion.

Bridget Warren Holman v. David Scott Holman; DeSoto Chancery Court; LC Case #: 13-CV-0066 (PL); Ruling Date: 10/12/2015; Ruling Judge: Percy Lynchard, Jr.; Disposition: Appellant's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Ishee, J., Not Participating. Order entered.

In the Matter of the Estate of C.W. White, Deceased: Anita White, Individually and as Executrix of the Estate of C.W. White v. Charles Tommy White; DeSoto Chancery Court; LC Case #: 09-06-1369(PL); Ruling Date: 03/09/2016; Ruling Judge: Percy Lynchard, Jr.; Disposition: The Motion for Rehearing filed by Anita White is denied.