11/12/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2008-SA-01245-SCT

Division of Medicaid, Office of the Governor and Medicaid Executive Director Robert L. Robinson v. Mississippi Independent Pharmacies Association, Mississippi Pharmacy Association, National Association of Chain Drug Stores, Walgreens Co., and Fred's Stores of Tennessee, Inc.; Hinds Chancery Court 1st District; LC Case #: G2008-704S/2; Ruling Date: 06/26/2008; Ruling Judge: William Singletary; Majority Opinion: Pierce, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Graves, P.J., Concurs in Result Only.

Vennit B. Mathis, II v. ERA Franchise Systems, Inc., H. Stuart Irby, Mark Warren, Real Estate Professionals of Central Mississippi, LLC and Real Estate Professionals of the Pine Belt, LLC; Covington Circuit Court; LC Case #: 2006-150C; Ruling Date: 03/10/2008; Ruling Judge: Robert Evans; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Chandler and Pierce, JJ., Concur. Randolph, J., not participating.

Marshall County Board of Supervisors and Marshall County, Mississippi v. Steve Lacroix; Marshall Chancery Court; LC Case #: 08-0120-A; Ruling Date: 10/01/2008; Ruling Judge: Glenn Alderson; Majority Opinion: Graves, P.J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Gregory S. Dalton, Individually and d/b/a Louisville Electronics v. Cellular South, Inc.; Winston Circuit Court; LC Case #: 2006-013-CV-L; Ruling Date: 04/04/2007; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Randolph, J. Disposition: The Judgments of the Court of Appeals and the Circuit Court are Affirmed in Part and Reversed in Part. This case is Remanded to the Circuit Court of Winston County for proceedings consistent with this opinion. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens and Pierce, JJ., Concur. Chandler, J., not participating.

Jeffery D. Cooper v. State of Mississippi; Chickasaw Circuit Court 2nd District; LC Case #: 02007-010; Ruling Date: 10/03/2007; Ruling Judge: Henry Lackey; Disposition: Petition for writ of certiorari filed pro se by Jeffery D. Cooper is denied. To Deny: All Justices. Order entered.

George E. Trim v. Lisa Mosley Trim; Hinds Chancery Court 1st District; LC Case #: G2000-684R/1; Ruling Date: 08/24/2007; Ruling Judge: J. Thomas; Disposition: Petition for writ of certiorari filed by Lisa Mosley Trim is granted. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Graves, P.J., and Randolph, J. Order entered.

Robert Ellis, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2006-0582-CR1; Ruling Date: 11/16/2007; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed pro se by Robert Ellis, Jr., is denied. To Deny: All Justices. Order entered.

Linda Stacy, Individually and as Mother and Natural Guardian of Aleigha Triplett, a minor v. William Johnson, M.D., Magnolia Regional Health Center, Alcorn County, Mississippi, By and Through Its Board of Supervisors; and City of Corinth; Alcorn Circuit Court; LC Case #: 98-348-G-A; Ruling Date: 10/02/2007; Ruling Judge: Thomas Gardner, III; Disposition: Petition for certiorari filed by Linda Stacy is granted. To Grant: Waller, C.J., Dickinson, Lamar and Kitchens, JJ. To Deny: Carlson and Graves, P.JJ., Randolph, Chandler and Pierce, JJ. Order entered.

Don Barrett, Individually; Barrett Law Office, P.A. and Lovelace Law Firm, P.A. v. Jones, Funderburg, Sessums, Peterson & Lee, LLC; Lafayette Circuit Court; LC Case #: L07-135; Ruling Date: 02/26/2008; Ruling Judge: William Coleman; Consolidated with 2008-IA-00788-SCT Don Barrett, Individually, Barrett Law Office, P.A., and Lovelace Law Firm, P.A. v. Jones, Funderburg, Sessums, Peterson & Lee, LLC; Lafayette Circuit Court; LC Case #: L07-135; Ruling Date: 04/16/2008; Ruling Judge: William Coleman; Majority Opinion: Chandler, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Randolph and Lamar, JJ., Concur. Carlson, P.J., Dissents With Separate Written Opinion Joined In Part by Pierce, J. Pierce, J., Dissents With Separate Written Opinion Joined In Part by Carlson, P.J. Dickinson and Kitchens, JJ., not participating. Dissenting Opinion: Carlson, P.J. Votes: Pierce, J., Joins This Opinion in Part. Dissenting Opinion: Pierce, J. Votes: Carlson, P.J., Joins This Opinion in Part.

In the Interest of E.K., a Minor: P.K. v. Hinds County Youth Court; Hinds Youth Court 1st District; LC Case #: 22,827; Ruling Date: 04/04/2008; Ruling Judge: William Skinner, II; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph and Lamar, JJ., Concur. Pierce, J., Concurs in Part. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J., and Chandler, J.; Pierce, J. Joins In Part. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., and Chandler, J., Join This Opinion. Pierce, J., Joins This Opinion in Part.

Gabriel McDowell a/k/a Gary McDowell v. State of Mississippi; Hancock Circuit Court; LC Case #: 980162; Ruling Date: 07/08/2008; Ruling Judge: Jerry Terry, Sr.; Disposition: On the Court's own motion, the October 17, 2002, order of a three-justice panel of this Court is vacated. The Judgment of the Hancock County Circuit Court imposing a life sentence without parole is vacated and this case is remanded to the Hancock County Circuit Court with instructions to resentence appellant to a term of imprisonment of thirty (30) years in the custody of the Mississippi Department of Corrections. Sentence shall not be reduced or suspended nor shall appellant be eligible for parole or probation. Appellant is given credit for time served on the original sentence imposed on January 7, 2000. Graves, P.J., not participating. Order entered.

Gabriel McDowell a/k/a Gary McDowell v. State of Mississippi; Hancock Circuit Court; LC Case #: 980162; Ruling Date: 07/08/2008; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Carlson, P.J. Disposition: The October 17, 2002, order of a three-justice panel of this Court is vacated. The Judgment of the Hancock County Circuit Court imposing a life sentence without parole is vacated and this case is remanded to the Hancock County Circuit Court with instructions to resentence appellant to a term of imprisonment of thirty (30) years in the custody of the Mississippi Department of Corrections. Sentence shall not be reduced or suspended nor shall appellant be eligible for parole or probation. Appellant is given credit for time served on the original sentence imposed on January 7, 2000. Hancock County taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., not participating.

Public Employees' Retirement System v. Jannie M. Dishmon; Hinds Circuit Court 1st District; LC Case #: 251-02-1166(CIV); Ruling Date: 03/19/2008; Ruling Judge: Tomie Green; Disposition: Motion to Amend Mandate filed by counsel for Jannie M. Dishmon is denied. Order entered.

The Mississippi Bar v. Douglas Charles Dorhauer; Disposition: Douglas C. Dorhauer is hereby permanently disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of permanent disbarment in this cause. Order entered.

The Mississippi Bar v. Douglas Charles Dorhauer; Majority Opinion: Kitchens, J. Disposition: Douglas C. Dorhauer is hereby permanently disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of permanent disbarment in this cause. Douglas C. Dorhauer taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

Oakwood Capital Management,LLC v. Margaret Lisa Longenecker Donovan, et al.; Monroe Chancery Court; LC Case #: 94-443; Ruling Date: 07/14/2009; Ruling Judge: John Hatcher; Disposition: Petition for interlocutory appeal filed by Oakwood Capital Management, LLC is granted. All proceedings in the Monroe County Chancery Court, cause number 94-443 are hereby stayed pending the issuance of an order or opinion by this Court that resolves the petition for interlocutory appeal and motion to stay proceedings. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Deny: Graves, P.J., and Kitchens, J. Order entered.

Oakwood Capital Management,LLC v. Margaret Lisa Longenecker Donovan, et al.; Monroe Chancery Court; LC Case #: 94-443; Ruling Date: 07/14/2009; Ruling Judge: John Hatcher; Disposition: Petition for interlocutory appeal filed by Oakwood Capital Management, LLC is granted. All proceedings in the Monroe County Chancery Court, cause number 94-443 are hereby stayed pending the issuance of an order or opinion by this Court that resolves the petition for interlocutory appeal and motion to stay proceedings. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ. To Deny: Graves, P.J., and Kitchens, J. Order entered.

Laquinta Franchising, LLC and David Lehman, Individually, and John Does 1-5 v. Baby Jane Doe By and Through Her Father and Next Friend John Doe; and Baby John Doe By and Through His Father and Next Friend John Doe, and John Doe Parent, Individually; Hinds Circuit Court 1st District; LC Case #: 251-08-795CIV; Ruling Date: 09/16/2009; Ruling Judge: Winston Kidd; Disposition: Respondents' Emergency Motion for Rehearing is granted. The order of this Court staying the trial court proceedings is vacated. Petition for Interlocutory Appeal filed by the petitioners is dismissed as moot. To Grant: Carlson and Graves, P.JJ., Dickinson, Lamar and Chandler, JJ. Not Participating: Waller, C.J., Randolph, Kitchens and Pierce, JJ. Order entered.

Laquinta Franchising, LLC and David Lehman, Individually, and John Does 1-5 v. Baby Jane Doe By and Through Her Father and Next Friend John Doe; and Baby John Doe By and Through His Father and Next Friend John Doe, and John Doe Parent, Individually; Hinds Circuit Court 1st District; LC Case #: 251-08-795CIV; Ruling Date: 09/16/2009; Ruling Judge: Winston Kidd; Disposition: Respondents' Emergency Motion for Rehearing is granted. The order of this Court staying the trial court proceedings is vacated. Petition for Interlocutory Appeal filed by the petitioners is dismissed as moot. To Grant: Carlson and Graves, P.JJ., Dickinson, Lamar and Chandler, JJ. Not Participating: Waller, C.J., Randolph, Kitchens and Pierce, JJ. Order entered.

Laquinta Franchising, LLC and David Lehman, Individually, and John Does 1-5 v. Baby Jane Doe By and Through Her Father and Next Friend John Doe; and Baby John Doe By and Through His Father and Next Friend John Doe, and John Doe Parent, Individually; Hinds Circuit Court 1st District; LC Case #: 251-08-795CIV; Ruling Date: 09/16/2009; Ruling Judge: Winston Kidd; Disposition: Respondents' Emergency Motion for Rehearing is granted. The order of this Court staying the trial court proceedings is vacated. Petition for Interlocutory Appeal filed by the petitioners is dismissed as moot. To Grant: Carlson and Graves, P.JJ., Dickinson, Lamar and Chandler, JJ. Not Participating: Waller, C.J., Randolph, Kitchens and Pierce, JJ. Order entered.