11/18/2021 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99010-SCT

In Re: Rules of Discipline for the Mississippi Bar; Disposition: En Banc order appointing or reappointing Alicia S. Hall, Professor Donald E. Campbell, James E. Lambert III, Municipal Judge Robert Fant Walker, Robert E. Quimby, and Circuit Judge Joseph H. Loper, Jr. to three-year terms (01/01/22 to 12/31/24) as members of the Complaint Tribunals. Order entered on 11/5/21.

Darwin Marquel Wells, Jr. a/k/a Darwin Marquel Wells v. State of Mississippi; Jackson Circuit Court; LC Case #: 2008-11,329(3); Ruling Date: 05/14/2018; Ruling Judge: Dale Harkey; Disposition: Darwin Marquel Wells, Jr.'s Petition for Writ of Certiorari is denied. All Justices Agree. Order entered 11/4/21.

In the Matter of the Conservatorship of Joyce G. Redd: Joyce G. Redd v. John R. Redd, William Howard Redd, Richard Lee Redd, Robert Charles Redd, Tina Cutaia Arias, Regions Bank as Trustee, and Brian Keith Redd; Rankin Chancery Court; LC Case #: 61CH1:18-cv-01274; Ruling Date: 07/15/2019; Ruling Judge: John McLaurin, Jr.; Majority Opinion: Ishee, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Affirmed. Costs are taxed to Appellant/Cross Appellee Joyce G. Redd and to Appellees/Cross Appellants John R. Redd, William Howard Redd, Richard Lee Redd, Robert Charles Redd and Tina Cutaia Arias. Votes: Maxwell, Chamberlin and Griffis, JJ., Concur. Randolph, C.J., Concurs in Result Only without Separate Written Opinion. King, P.J., Concurs in Part and in Result with Separate Written Opinion Joined in Part by Beam, J. Kitchens, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Coleman and Beam, JJ. Beam, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Kitchens, P.J., and Coleman, J. Concurring in Part and in Result Opinion: King, P.J. Votes: Beam, J., Joins This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Kitchens, P.J. Votes: Coleman and Beam, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Beam, J. Votes: Kitchens, P.J., and Coleman, J., Join This Opinion.

Michael Audy McCool a/k/a Michael A. McCool a/k/a Michael McCool and Audy David McCool a/k/a Audy D. McCool a/k/a Audy McCool v. State of Mississippi; Pearl River Circuit Court; LC Case #: 55:17-CR-076CM; Ruling Date: 03/18/2019; Ruling Judge: Claiborne McDonald; Disposition: Appellants' Petition for Writ of Certiorari filed by Michael Audy McCool and Audy David McCool is denied. All Justices Agree. Order entered 11/15/21.

Donald Brent Grafton and Wendy Grafton v. South Central Regional Medical Center; Jones Circuit Court 2nd District; LC Case #: 34CI2:08-cv-00961; Ruling Date: 07/24/2019; Ruling Judge: Jon Weathers; Disposition: Petition for a Writ of Certiorari filed by Donald Brent Grafton and Wendy Grafton is denied. All Justices Agree. Order entered 11/8/21.

Ashton Johnson v. Thomas Kyle Smith; Wayne Chancery Court; LC Case #: 77CH1:16-cv-00059; Ruling Date: 08/23/2019; Ruling Judge: J. Buffington; Disposition: Petition for Writ of Certiorari filed by Ashton Johnson is denied. All Justices Agree. Order entered 11/4/21.

Singing River MOB, LLC v. Jackson County, Mississippi, and Singing River Health System; Jackson Chancery Court; LC Case #: 30CH1:18-cv-1107; Ruling Date: 10/11/2019; Ruling Judge: D. Harris, Sr.; Consolidated with 2019-IA-01653-SCT Singing River Health System d/b/a Ocean Springs Hospital d/b/a Singing River Hospital v. Singing River MOB, LLC, an Alabama Limited Liability Company; Jackson Chancery Court; LC Case #: 30CH1:18-cv-01107; Ruling Date: 10/11/2019; Ruling Judge: D. Harris, Sr.; Majority Opinion: Chamberlin, J. Disposition: As to 2019-IA-01630: Affirmed and Remanded. As to 2019-IA-01653: Reversed and Remanded. Appellants and Appellees taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Ishee, JJ., Concur. Griffis, J., Concurs in Part and Dissents in Part with Separate Written Opinion. Concurring in Part and Dissenting in Part Opinion: Griffis, J.

Holcomb, Dunbar, Watts, Best, Masters & Golmon, P.A. f/k/a Holcomb Dunbar, P.A. v. 400 South Lamar Oxford Mad Hatter Partners, LLC and Blake Tartt III; Lafayette Circuit Court; LC Case #: L17-329; Ruling Date: 10/08/2019; Ruling Judge: Frank Vollor; Disposition: Holcomb, Dunbar, Watts, Best, Masters & Golmon, P.A.'s Petition for Writ of Certiorari is granted. To Grant: Kitchens and King, P.JJ., Coleman, Maxwell, Chamberlin, Ishee and Griffis, JJ. To Deny: Randolph, C.J., and Beam, J. Order entered 11/3/21.

Connell Gray a/k/a Connell Gray, Jr. a/k/a Cornell Gray, Jr. v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2015-0045; Ruling Date: 12/16/2019; Ruling Judge: Albert Smith, III; Disposition: Petition for Writ of Certiorari filed by Connell Gray is denied. To Deny: Randolph, C.J., King, P.J., Coleman, Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ. To Grant: Kitchens, P.J. Order entered 11/3/21.

Andrea Williams v. Melissa Carriere; Harrison Circuit Court 1st District; LC Case #: 24CI1:15-cv-00228; Ruling Date: 05/26/2020; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Petition for Writ of Certiorari of Appellate Court Opinion Filed September 10, 2021, filed by Appellant Andrea Williams is dismissed. Order entered 11/4/21.

Larry Pointer and Shirley Pointer v. Rite Aid Headquarters Corp., K&B Mississippi Corporation, and Hetal Patel; DeSoto Circuit Court; LC Case #: 17CI1:16-cv-00194-JM; Ruling Date: 06/29/2020; Ruling Judge: James McClure, III; Disposition: Appellants' Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Ishee and Griffis, JJ. Chamberlin, J., Not Participating. Order entered 11/2/21.

Brittany Spiers v. Oak Grove Credit, LLC, Columbia Credit, LLC and Pine Belt Credit, LLC; Lamar Circuit Court; LC Case #: 37CI1:20-cv-00016-PH; Ruling Date: 07/09/2020; Ruling Judge: Prentiss Harrell; Majority Opinion: Chamberlin, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and Appellees taxed with costs of appeal. Votes: Randolph, C.J., Maxwell, Beam, Ishee and Griffis, JJ., Concur. King, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Kitchens, P.J., and Coleman, J. Concurring in Part and Dissenting in Part Opinion: King, P.J. Votes: Kitchens, P.J., and Coleman, J., Join This Opinion.

Stephen Montalto v. State of Mississippi; Rankin Circuit Court; LC Case #: 61CI1:18-cv-00012-JA; Ruling Date: 09/19/2020; Ruling Judge: Dewey Arthur; Disposition: Petition for Writ of Certiorari filed pro se by Stephen Montalto is denied. To Deny: All Justices. Order entered 11/5/21.

State of Mississippi v. Caleb Corrothers a/k/a Caleb Carrothers a/k/a Calbe Carother a/k/a Caleb L. Carrothers a/k/a Caleb Corothers a/k/a Calab Carothers; Lafayette Circuit Court; LC Case #: L17-309; Ruling Date: 07/01/2021; Ruling Judge: Grady Tollison, III; Disposition: The State's Petition for Permission to Appeal from Interlocutory Order is granted. The trial court's July 1, 2021, order is simultaneously reversed and this issue is remanded to the trial judge to proceed in a manner consistent with this Court's order. Agree: Randolph, C.J., Coleman, Beam, Chamberlin, Ishee and Griffis, JJ. Disagree: Kitchens and King, P.JJ. King, P.J., Objects to the Order with Separate Written Statement Joined by Kitchens, P.J. Order entered 11/4/21.