11/18/2010 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2009-CA-00529-SCT

United Services Automobile Association ("USAA") v. Admiral James Lisanby and wife, Gladys Lisanby; Jackson Circuit Court; LC Case #: 2007-00,147(3); Ruling Date: 01/06/2009; Ruling Judge: Billy Bridges; Majority Opinion: Kitchens, J. Disposition: On Direct Appeal: Affirmed in Part; Reversed and Rendered in Part. On Cross-Appeal: Affirmed. Appellant and appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar and Chandler, JJ., Concur. Randolph, J., Concurs in Result Only. Pierce, J., not participating.

Janis Anderson, Individually, and on Behalf of all Wrongful Death Beneficiaries of Jesse J. Anderson, Jr., Deceased v. ALPS Automotive, Inc.; Lincoln Circuit Court; LC Case #: 2006-052LT; Ruling Date: 05/29/2009; Ruling Judge: Michael Taylor; Majority Opinion: Kitchens, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

Houston Hartley v. Old Venice Pizza Company, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-08-79-CIV; Ruling Date: 09/09/2009; Ruling Judge: William Coleman; Majority Opinion: Lamar, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur. Waller, C.J., not participating.

Rochester Eugene Presley a/k/a Ronald Starks a/k/a Zee Zee Zelazurra a/k/a Zee Zee Zela Zuro v. State of Mississippi; Forrest Circuit Court; LC Case #: C107-0077; Ruling Date: 06/21/2007; Ruling Judge: Robert Helfrich; Majority Opinion: Graves, P.J. Disposition: Affirmed. Forrest County taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

In Re: Mississippi Rules of Evidence; Disposition: The petition to amend certain rules of the Mississippi Rules of Evidence filed by the Supreme Court Advisory Committee on Rules is hereby granted to the extent that Rule 407 and its Comment of the Mississippi Rules of Evidence are amended as set forth in Exhibit "A" hereto. This amendment is effective on July 1, 2011. 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 the Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. To Grant: Waller, C.J., Carlson, P.J., Randolph, Lamar, Chandler and Pierce, JJ. To Deny: Graves. P.J., Dickinson and Kitchens, JJ. Order entered.

In The Interest of: S. and S.C., Minors: Adeline Cole v. State of Mississippi and Lauderdale County Department of Human Services; Lauderdale Youth Court; LC Case #: YC-07-428; Ruling Date: 11/29/2007; Ruling Judge: Veldore Young; Disposition: Petition for writ of certiorari filed by Adeline Cole is denied. To Deny: All Justices. Order entered.

Clinton Wyatt Nolan v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2006-0894CD; Ruling Date: 03/05/2008; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by Clinton Wyatt Nolan is granted. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ. To Deny: Randolph, J. Order entered.

Mervin Sanders v. State of Mississippi; Pike Circuit Court; LC Case #: 08-051-PCT; Ruling Date: 09/10/2008; Ruling Judge: Michael Taylor; Disposition: Petition for writ of certiorari filed pro se by Mervin Sanders is denied. To Deny: All Justices. Order entered.

Jerry McBride v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2006-0021; Ruling Date: 02/20/2008; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed by counsel for Jerry McBride is granted. To Grant: Graves, P.J., Dickinson, Kitchens and Chandler, JJ. To Deny: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. Order entered.

Corine Holmes, as Administratrix of the Estate of Derral Holmes v. Campbell Properties, Inc. and T & S Tunnel Express; Warren Circuit Court; LC Case #: 07,0112-CI; Ruling Date: 08/21/2008; Ruling Judge: Frank Vollor; Disposition: Petition for writ of certiorari filed by Corine Holmes is denied. To Deny: All Justices. Order entered.

Charles Burnwatt and Debra Burnwatt, as Parents and Wrongful Death Beneficiaries of William Alexander Burnwatt, Deceased, on Behalf of Themselves and all Other Wrongful Death Beneficiaries of William Alexander Burnwatt, Deceased v. Ear, Nose & Throat Consultants of North Mississippi, PLLC and John F. Laurenzo, M.D.; Lafayette Circuit Court; LC Case #: L02-186; Ruling Date: 08/28/2008; Ruling Judge: Robert Elliott; Disposition: Motion for rehearing filed by Charles Burnwatt and Debra Burnwatt is denied. Graves, P.J., and Kitchens, J., would grant.

Transocean Enterprise, Inc. v. Ingalls Shipbuilding, Inc. ; Jackson Circuit Court; LC Case #: CI-2000-00,337(1); Ruling Date: 10/10/2008; Ruling Judge: Robert Krebs; Disposition: Motion to assess statutory damages pursuant to Miss. Code Ann. Section 11-3-23 filed by appellee is granted. The statutory penalty of fifteen percent of the judgment is assessed against appellant. The mandate should be amended to read as follows: Affirmed. Appellant taxed with costs of appeal. Statutory penalty assessed against appellant. Order entered.

Randy Lamar Tapper v. State of Mississippi; Jackson Circuit Court; LC Case #: 2007-10,762(1); Ruling Date: 02/02/2009; Ruling Judge: Robert Krebs; Disposition: Motion for rehearing filed by Randy Lamar Tapper is denied. Graves, P.J., Dickinson, Lamar and Kitchens, JJ., would grant.

James Earl Boyd v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2008-0341-CRI; Ruling Date: 05/13/2009; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for rehearing filed by James Earl Boyd is denied. Graves, P.J., Kitchens and Chandler, JJ., would grant.

Jay Jones v. City of Ridgeland; Madison Circuit Court; LC Case #: CI-2008-0282; Ruling Date: 04/28/2009; Ruling Judge: Samac Richardson; Majority Opinion: Carlson, P.J. Disposition: The judgment of the Court of Appeals is vacated. The judgment of the Madison County Circuit Court is reinstated and affirmed. The conviction by the County Court of Madison County of DUI first offense and careless driving and sentence of forty-eight (48) hours in jail and a fine of fifty (50) dollars, with conditions, Affirmed. Appellant taxed with costs of appeal. Votes: Graves, P.J., Dickinson, Kitchens, Chandler and Pierce, JJ., Concur. Randolph, J., Concurs in Part II and in Result Only Without Separate Written Opinion. Waller, C.J., Concurs in Part and in Result With Separate Written Opinion Joined by Randolph and Lamar, JJ. Concurring in Part and in Result Opinion: Waller, C.J. Votes: Randolph and Lamar, JJ., Join This Opinion.

City of Jackson, Mississippi and Jackson Water Partnership v. United Water Services, Inc. and United Water Services of Mississippi, LLC; Hinds Circuit Court 1st District; LC Case #: 251-08-917; Ruling Date: 04/09/2009; Ruling Judge: W. Yerger; Disposition: Motion of Appellant Jackson Water Partnership for Extraordinary Relief is dismissed as moot. Order entered.

City of Jackson, Mississippi and Jackson Water Partnership v. United Water Services, Inc. and United Water Services of Mississippi, LLC; Hinds Circuit Court 1st District; LC Case #: 251-08-917; Ruling Date: 04/09/2009; Ruling Judge: W. Yerger; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Chandler and Pierce, JJ., Concur. Lamar, J., Concurs in Result Only. Graves, P.J., Dissents With Separate Written Opinion Joined by Kitchens, J. Dissenting Opinion: Graves, P.J. Votes: Kitchens, J., Joins This Opinion.

Dennis C. Sweet, III, and Kimberly Noel Sweet v. TCI MS, Inc., TCI MS Investments, Inc. (TCI MS Investments, Inc.); and Michael V. Cory, In His Official Capacity As A Member and Principal in the Law Firm of Danks, Miller, Hamer & Cory; Hinds Chancery Court 1st District; LC Case #: G2008-334 W/4; Ruling Date: 08/18/2009; Ruling Judge: Ray Montgomery; Disposition: Motion to strike portions of the response by appellants to motion for rehearing is denied. Order entered.

Dennis C. Sweet, III, and Kimberly Noel Sweet v. TCI MS, Inc., TCI MS Investments, Inc. (TCI MS Investments, Inc.); and Michael V. Cory, In His Official Capacity As A Member and Principal in the Law Firm of Danks, Miller, Hamer & Cory; Hinds Chancery Court 1st District; LC Case #: G2008-334 W/4; Ruling Date: 08/18/2009; Ruling Judge: Ray Montgomery; Disposition: Motion for rehearing filed by TCI MS Investments, Inc., is denied. Dickinson, J., would grant. Graves, P.J., not participating.

The Mississippi Bar v. Connie M. Easterly; Disposition: The joint motion to place attorney on disability inactive status is granted and that the Mississippi license of Connie M. Easterly to practice law is hereby transferred to disability inactive status pursuant to Rules 17-24 of the Mississippi Rules of Discipline. Connie M. Easterly is not permitted to practice law while on disability inactive status as set forth in Rule 24 of the Mississippi Rules of Discipline.

The Mississippi Bar v. Connie M. Easterly; Majority Opinion: Kitchens, J. Disposition: The joint motion to place attorney on disability inactive status is granted and that the Mississippi license of Connie M. Easterly to practice law is hereby transferred to disability inactive status pursuant to Rules 17-24 of the Mississippi Rules of Discipline. Connie M. Easterly is not permitted to practice law while on disability inactive status as set forth in Rule 24 of the Mississippi Rules of Discipline. Connie M. Easterly taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Chandler and Pierce, JJ., Concur.

City of Jackson, Mississippi v. United Water Services, Inc. and United Water Services of Mississippi, LLC; Hinds Circuit Court 1st District; LC Case #: 251-08-917; Ruling Date: 06/09/2010; Ruling Judge: Tomie Green; Disposition: Motion of Appellant Jackson Water Partnership for Extraordinary Relief is dismissed as moot. Order entered.