12/04/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
XX  2013-CA-00968-SCT

Booneville Collision Repair, Inc. v. City of Booneville, Mississippi, a Municipality of the State of Mississippi and Shelia G. Bolden; Prentiss Chancery Court; LC Case #: 2011-331(59)M; Ruling Date: 05/01/2013; Ruling Judge: Jacqueline Mask; Majority Opinion: Chandler, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Kitchens and King, JJ., Concur. Lamar, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Pierce and Coleman, JJ. Dickinson, P.J., not participating. Concurring in Part and Dissenting in Part Opinion: Lamar, J. Votes: Pierce and Coleman, JJ., Join This Opinion.

Pinnacle Trust Company, L.L.C., EFP Advisors, Inc. and Douglas M. McDaniel v. Lisa Brocato McTaggart, Individually, and as Natural Parent and Next Friend of Jonathan Antone McTaggart, Jacob Alexander McTaggart, and Madalyn Rose McTaggart, Minors and Olivia Justine McTaggart; Madison Chancery Court; LC Case #: 2013-597(G); Ruling Date: 10/10/2013; Ruling Judge: Janace Goree; Majority Opinion: Randolph, P.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur. Dickinson, P.J., Concurs in Result Only Without Separate Written Opinion.

Clayton Frank Gutierrez v. Trisha Gutierrez; Harrison Chancery Court 2nd District; LC Case #: C2402-10-00210(1); Ruling Date: 04/17/2013; Ruling Judge: James Persons; Majority Opinion: Waller, C.J. Disposition: Affirmed In Part, Reversed In Part, and Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur. Pierce, J., not participating.

City of Jackson, Mississippi v. Lee B. Lewis, Oda Mae Green, and Sonya Stephens, on Behalf of the Wrongful Death Beneficiaries of Margaret E. Stephens, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-02-1134 CIV; Ruling Date: 05/25/2011; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. Reversed and Remanded. See opinion of this Court handed down this date.

City of Jackson, Mississippi v. Lee B. Lewis, Oda Mae Green, and Sonya Stephens, on Behalf of the Wrongful Death Beneficiaries of Margaret E. Stephens, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-02-1134 CIV; Ruling Date: 05/25/2011; Ruling Judge: Winston Kidd; Majority Opinion: Kitchens, J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. The Judgment of the Court of Appeals is Reversed. The Judgment of the Circuit Court of the First Judicial District of Hinds County is Reversed and the case is Remanded for further proceedings. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Chandler and King, JJ., Concur. Dickinson, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Pierce and Coleman, JJ. Concurring in Part and Dissenting in Part Opinion: Dickinson, P.J. Votes: Pierce and Coleman, JJ., Join This Opinion.

William T. Brantley v. City of Horn Lake, Mississippi; DeSoto Circuit Court; LC Case #: CV2011-131GCD; Ruling Date: 09/05/2012; Ruling Judge: Gerald Chatham, Sr.; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Dickinson, P.J., Lamar, King and Coleman, JJ., Concur. Randolph, P.J., Concurs in Result Only Without Separate Written Opinion. Waller, C.J., Concurs in Part and in the Result With Separate Written Opinion Joined by Randolph, P.J., Chandler and Pierce, JJ. Concurring in Part and in Result Opinion: Waller, C.J. Votes: Randolph, P.J., Chandler and Pierce, JJ., Join This Opinion.

Gray Properties, LLC v. Utility Constructors, Inc., and Guest Consultants, Inc.; Rankin Circuit Court; LC Case #: 2010-114; Ruling Date: 03/14/2012; Ruling Judge: John Emfinger; Disposition: Petition for Writ of Certiorari filed by Utility Constructors, Inc. and Guest Consultants, Inc. is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King, and Coleman, JJ. To Grant: Randolph, P.J. Order entered.

Zachary Polk v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2006-0173-CR; Ruling Date: 03/26/2013; Ruling Judge: James Kitchens, Jr.; Disposition: Motion for Rehearing filed by Appellant is denied. Dickinson, P.J., Kitchens, Chandler and Coleman, JJ., would Grant.

Brian Bradley Bronk v. Margaret Samantha Gaddis Hobson; Lauderdale County Court; LC Case #: CA-99-0062; Ruling Date: 05/28/2013; Ruling Judge: Franklin Coleman; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Randolph, P.J., Lamar, Chandler and Pierce, JJ., Concur. Coleman, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., and King, J. Waller, C.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by King, J.; Dickinson, P.J., and Coleman, J., Join In Part. Dissenting Opinion: Coleman, J. Votes: Dickinson, P.J., and King, J., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Waller, C.J. Votes: King, J., Joins This Opinion. Dickinson, P.J., and Coleman, J., Join This Opinion in Part.

The Mississippi Bar v. Eugene T. Holmes; Disposition: Motion to Accept Irrevocable Resignation filed by The Mississippi Bar is granted. This Court hereby accepts Eugene T. Holmes's resignation with prejudice from the Mississippi Bar, and such resignation shall be considered tantamount to proof of guilt on the matter charged. This Court hereby revokes Eugene T. Holmes's license to practice law in the State of Mississippi. Costs of the formal complaint shall be, and are hereby, assessed to Eugene T. Holmes. Order entered.

The Mississippi Bar v. Eugene T. Holmes; Majority Opinion: Waller, C.J. Disposition: This Court hereby accepts Eugene T. Holmes's resignation with prejudice from the Mississippi Bar, and such resignation shall be considered tantamount to proof of guilt on the matter charged. This Court hereby revokes Eugene T. Holmes's license to practice law in the State of Mississippi. Costs of the formal complaint shall be, and are hereby, assessed to Eugene T. Holmes. Eugene T. Holmes taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.