12/03/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2008-CA-01298-SCT

Corporate Management, Inc. v. Greene County, Mississippi; Greene Chancery Court; LC Case #: 2005-134-PN; Ruling Date: 07/01/2008; Ruling Judge: T. Griffis, Jr.; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar and Kitchens, JJ., Concur. Pierce, J., not participating.

Jonathan Barfield v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-07-00305; Ruling Date: 08/25/2008; Ruling Judge: Lisa Dodson; Majority Opinion: Chandler, J. Disposition: Conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. Harrison County taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur.

Beacon Properties, LLC v. Bank of the South ; Copiah Circuit Court; LC Case #: 2005-0028; Ruling Date: 02/04/2008; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Randolph, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Chandler and Pierce, JJ., Concur. Kitchens, J., not participating.

Wesley Health System, LLC d/b/a Wesley Medical Center v. Mississippi State Department of Health and Forrest General Hospital; Hinds Chancery Court 1st District; LC Case #: G2008-466W/4; Ruling Date: 06/20/2008; Ruling Judge: Patricia Wise; Majority Opinion: Graves, P.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Stacy Marshall v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-426-KR2; Ruling Date: 12/15/2005; Ruling Judge: Billy Landrum; Disposition: This Court granted the petition for writ of certiorari filed by counsel for Stacy Marshall by order entered on August 27, 2009. After due consideration, the Court finds that the petition was improvidently granted and should be dismissed. On the Court's own motion, the petition for writ of certiorari filed by counsel for Stacy Marshall is dismissed as improvidently granted. Graves, P.J., disagrees. Dickinson, J., for the Court. Order entered.

Rachel Driskell Porter (Spivey) v. Timothy Wade Porter; Madison Chancery Court; LC Case #: 99-674; Ruling Date: 07/11/2006; Ruling Judge: William Lutz; Majority Opinion: Randolph, J. Disposition: Affirmed in Part and Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Lamar and Pierce, JJ., Concur. Graves, P.J., and Kitchens, J., Concur in Result Only. Waller, C.J., Concurs in Part and Dissents in Part with Separate Written Opinion. Chandler, J., not participating. Concurring in Part and Dissenting in Part Opinion: Waller, C.J.

Leon Stuart, Individually, and as Wrongful Death Beneficiary and on Behalf of all other Wrongful Death Beneficiaries of Shirley Stuart, Deceased v. The University of Mississippi Medical Center; Hinds Circuit Court 1st District; LC Case #: 251-04-42CIV; Ruling Date: 09/25/2006; Ruling Judge: Bobby DeLaughter; Disposition: Motion for rehearing filed by appellee is denied. Randolph, J., would grant. Chandler, J., not participating.

William Matthew Wilson a/k/a Willie v. State of Mississippi; Lee Circuit Court; LC Case #: CR05-635; Ruling Date: 05/30/2007; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by appellant is denied. Graves, P.J., and Kitchens, J., would grant.

In the Matter of the Last Will and Testament and Estate of Genevieve Kistler, Deceased: John E. Hawkins v. Charles M. Hawkins, Individually and as Executor of the Estate of Genevieve Kistler; Monroe Chancery Court; LC Case #: 2004-123-48; Ruling Date: 02/07/2007; Ruling Judge: Glenn Alderson; Disposition: Petition for writ of certiorari filed by counsel for John Hawkins is denied. To Deny: All Justices. Order entered.

Gus Samuel Caspelich Deceased: Doris Frazier v. Joyce C. Loew; Harrison Chancery Court 2nd District; LC Case #: C2402 04-00179-3; Ruling Date: 01/24/2007; Ruling Judge: Sanford Steckler; Disposition: Petition for writ of certiorari filed by counsel for Doris Frazier is denied. To Deny: All Justices. Order entered.

Nina Price, Individually and on Behalf of all Wrongful Death Beneficiaries of Albert B. Price, Jr., Deceased v. Steven Clark, M.D., Samuel Duff Austin, M.D., Bennie Barnette Wright, Jr., M.D., Estate of Barry Stephen Sullivan, M.D., Cleveland Medical Alliance, LLP, Cleveland Medical Clinic, PLLC, Cleveland Medical Clinic, LTD and Cleveland Clinic, P.A.; Bolivar Circuit Court 2nd District; LC Case #: 2004-0107; Ruling Date: 08/17/2007; Ruling Judge: Charles Webster; Disposition: Motion for rehearing filed by appellant is denied. Randolph, J., would grant.

Nina Price, Individually and on Behalf of all Wrongful Death Beneficiaries of Albert B. Price, Jr., Deceased v. Steven Clark, M.D., Samuel Duff Austin, M.D., Bennie Barnette Wright, Jr., M.D., Estate of Barry Stephen Sullivan, M.D., Cleveland Medical Alliance, LLP, Cleveland Medical Clinic, PLLC, Cleveland Medical Clinic, LTD and Cleveland Clinic, P.A.; Bolivar Circuit Court 2nd District; LC Case #: 2004-0107; Ruling Date: 08/17/2007; Ruling Judge: Charles Webster; Disposition: Motion for rehearing filed by appellees/cross-appellants is denied. Randolph, J., would grant.

In the Matter of the Dissolution of The Marriage of James Leverock and Deanna Hamby: Brent Keith Pendleton and Kim Renee Pendleton v. James Anthony Leverock; Lamar Chancery Court; LC Case #: 2006-0026-GN-TH; Ruling Date: 11/09/2007; Ruling Judge: James Thomas, Jr.; Majority Opinion: Lamar, J. Disposition: Affirmed in Part and Reversed and Remanded in Part. Appellants and appellee taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Randolph and Chandler, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Pierce, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Carlson, P.J., and Joined in Part by Waller, C.J. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Concurring in Part and Dissenting in Part Opinion: Pierce, J. Votes: Carlson, P.J., Joins This Opinion. Waller, C.J., Joins This Opinion in Part.

John Deeds v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2005-815-C(D); Ruling Date: 12/17/2007; Ruling Judge: Robert Chamberlin; Majority Opinion: Lamar, J. Disposition: Conviction of Driving Under the Influence Causing Injury and Sentence of Fifteen (15) Years in the Custody of the Mississippi Department of Corrections, with Eight (8) Years of Post-Release Supervision, and Five (5) of Those Years Reporting to a Probation Officer Pursuant to Miss. Code Ann. Section 47-7-34, with Conditions, and Pay a Fine of $1,000, and $100 to the Mississippi Crime Victim's Compensation Fund, Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph and Pierce, JJ., Concur. Kitchens, J., Dissents With Separate Written Opinion Joined by Graves, P.J., and Chandler, J. Dissenting Opinion: Kitchens, J. Votes: Graves, P.J., and Chandler, J., Join This Opinion.

J.K. v. R.K.; Hinds Chancery Court 1st District; LC Case #: G2001-1980 0/3; Ruling Date: 05/20/2008; Ruling Judge: Denise Owens; Disposition: Motion for Mandate to Award Interest filed by appellant is granted. The mandate shall read as follows: "J.K. v. R.K.; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Interest is awarded on the due and unpaid property distribution payments at a rate to be determined by the trial court. Votes: Waller, C.J., Graves, P.J., Lamar and Chandler, JJ., Concur. Randolph, J., Concurs as to reversal and remand but would deny award of interest. Carlson, P.J., Dickinson and Kitchens, JJ., not participating." Randolph, J., would deny. Carlson, P.J., Dickinson and Kitchens, JJ., not participating. Order entered.

Sidharth Solanki, Individually, and as Wrongful Death Beneficiary; Devesha S. Solanki and Avani S. Solanki, Minors by and through their Father and Natural Guardian, Sidharth Solanki, and Neha Solanki, Wrongful Death Beneficiaries of Nilima Solanki, Deceased, and all other Wrongful Death Beneficiaries of Nilima Solanki, Deceased v. Melvin Tyrone Ervin and The Merchants Company; Hinds Circuit Court 1st District; LC Case #: 251-07-341CIV; Ruling Date: 04/10/2008; Ruling Judge: William Coleman; Disposition: "Motion to Withdraw Motion for Rehearing and Motion for Dismissal with Prejudice" filed by the appellants is granted. Order entered.

Sidharth Solanki, Individually, and as Wrongful Death Beneficiary; Devesha S. Solanki and Avani S. Solanki, Minors by and through their Father and Natural Guardian, Sidharth Solanki, and Neha Solanki, Wrongful Death Beneficiaries of Nilima Solanki, Deceased, and all other Wrongful Death Beneficiaries of Nilima Solanki, Deceased v. Melvin Tyrone Ervin and The Merchants Company; Hinds Circuit Court 1st District; LC Case #: 251-07-341CIV; Ruling Date: 04/10/2008; Ruling Judge: William Coleman; Disposition: "Motion to Withdraw Motion for Rehearing and Motion for Dismissal with Prejudice" filed by the appellants is granted. Order entered.

The Mississippi Methodist Hospital and Rehabilitation Center, Inc. d/b/a Methodist Specialty Care Center v. Mississippi Division of Medicaid and Robert L. Robinson, in his Official Capacity as Director of Mississippi Division of Medicaid; Hinds Chancery Court 1st District; LC Case #: G-2008-7; Ruling Date: 09/11/2008; Ruling Judge: J. Thomas; Disposition: Motion for rehearing filed by appellees is denied. Randolph and Lamar, JJ., would grant. Graves, P.J., not participating.

Lisa Jo Chamberlin v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-715CR; Ruling Judge: Robert Helfrich; Disposition: Request for Approval of Circuit Court Order Regarding Attorney's Fees filed by Elizabeth Under Carlyle is granted in part and denied in part. This Court authorizes payment of attorney's fees in the amount of $16,091.70, and expenses in the amount of $2,299.94, for a total of $18,391.67. Request for Approval of the Circuit Court Order Granting Funds for Mitigation Investigator is hereby granted. This Court authorizes payment of $6000.00 for a mitigation investigator. To Grant: All Justices. Order entered.

Lisa Jo Chamberlin v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-715CR; Ruling Judge: Robert Helfrich; Disposition: Request for Approval of Circuit Court Order Regarding Attorney's Fees filed by Elizabeth Under Carlyle is granted in part and denied in part. This Court authorizes payment of attorney's fees in the amount of $16,091.70, and expenses in the amount of $2,299.94, for a total of $18,391.67. Request for Approval of the Circuit Court Order Granting Funds for Mitigation Investigator is hereby granted. This Court authorizes payment of $6000.00 for a mitigation investigator. To Grant: All Justices. Order entered.

The Mississippi Bar v. James F. Valley; Disposition: Motion to Dismiss Without Prejudice filed by The Mississippi Bar is granted. The Formal Complaint filed in this cause is dismissed without prejudice. Costs are taxed to The Mississippi Bar. Carlson, P.J., for the Court. Order entered.

Linda Brewer v. Jason Wiltcher; Rankin Circuit Court; LC Case #: 2008-0183-R; Ruling Date: 10/29/2008; Ruling Judge: Samac Richardson; Majority Opinion: Lamar, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Dissents Without Separate Written Opinion.

F.E.B. Distributing Company, Inc. and Paul J. Bertucci v. Joan Boudreaux and Jennifer May; Harrison Circuit Court 1st District; LC Case #: A2401-08-174; Ruling Date: 09/02/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Petition for Interlocutory Appeal filed by counsel for F.E.B. Distributing Company, Inc., and Paul J. Bertucci is granted. The order of the trial court granting partial summary judgment to the respondents is reversed and rendered. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: Dickinson, J. Order entered.

F.E.B. Distributing Company, Inc. and Paul J. Bertucci v. Joan Boudreaux and Jennifer May; Harrison Circuit Court 1st District; LC Case #: A2401-08-174; Ruling Date: 09/02/2009; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Petition for Interlocutory Appeal filed by counsel for F.E.B. Distributing Company, Inc., and Paul J. Bertucci is granted. The order of the trial court granting partial summary judgment to the respondents is reversed and rendered. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Not Participating: Dickinson, J. Order entered.