12/05/2013 - Hand Down and published opinions in WordPerfect/ZIP format

Kitchens, James W.
X  2012-CA-01700-SCT

In the Matter of the Last Will and Testament of John William Norton: Jessica Norton Jordan v. Linda Booth, Executrix of the Estate of John William Norton; Lincoln Chancery Court; LC Case #: 2011-0340; Ruling Date: 09/13/2012; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Kitchens, J. Disposition: Appeal Dismissed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Concur.

In the Matter of the Estate of Louis St. Martin, deceased: James R. Forbes v. Edley Hixson and St. Martin, Mahoney & Associates, Professional Law Corporation; Harrison Chancery Court 1st District; LC Case #: C2401-01-01745(2); Ruling Date: 10/01/2009; Ruling Judge: Glenn Barlow; Disposition: Petition for writ of certiorari filed by Edley Hixson and St. Martin, Mahoney & Associates, Professional Law Corporation is granted. To Grant: Waller, C.J., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Deny: Dickinson, P.J. Not Participating: Randolph, P.J., and Pierce, J. Order entered.

Public Employees' Retirement System v. Sherry Walker; Hinds Circuit Court 1st District; LC Case #: 251-08-247-CIV-WK; Ruling Date: 04/27/2011; Ruling Judge: Winston Kidd; Majority Opinion: Waller, C.J. Disposition: The judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The Judgment of the Hinds County Circuit Court is Reversed, and this case is Remanded. Appellant taxed with costs of appeal. Votes: Dickinson, P.J., Kitchens, Chandler, Pierce and King, JJ., Concur. Randolph, P.J., Concurs in Result Only Without Separate Written Opinion. Lamar and Coleman, JJ., Dissent Without Separate Written Opinion.

Kenneth Payton v. Rod Cooke Construction Co. and Associated General Contractors of MS, Inc.; Mississippi Workers' Compensation Commission; LC Case #: 08 12017-K-1715; Ruling Date: 07/01/2011; Ruling Judge: Liles Williams; Disposition: Petition for writ of certiorari filed by Kenneth Payton is denied. To Deny: Dickinson, P.J., Lamar, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J., and Kitchens, J. Not Participating: Waller, C.J. Order entered.

William Rodwell, Thomas Easter, Charles Tomasello and Cal Investments, LLC v. Dennis Stieffel; Harrison Circuit Court 2nd District; LC Case #: A2402-09-75; Ruling Date: 07/19/2011; Ruling Judge: Lisa Dodson; Disposition: Petition for writ of certiorari filed by counsel for William Rodwell, Thomas Easter, Charles Tomasello and CAL Investments, LLC is denied. To Deny: All Justices. Order entered.

Tom Christmas and Consandra J. Christmas v. Exxon Mobil Corporation, A New Jersey Corporation; Wilkinson Circuit Court; LC Case #: 08-0112; Ruling Date: 06/23/2011; Ruling Judge: Lillie Sanders; Disposition: Petition for writ of certiorari filed by Exxon Mobil Corporation is granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Pierce and Coleman, JJ. To Deny: Randolph, P.J., Kitchens, Chandler and King, JJ. Order entered.

Cavalier Home Builders v. Paul Baughman and Tiffany Baughman; Hancock Circuit Court; LC Case #: 08-0420; Ruling Date: 06/08/2011; Ruling Judge: John Gargiulo; Disposition: Petition for writ of certiorari filed by counsel for Paul and Tiffany Baughman was granted by order of this Court on September 19, 2013. Upon further consideration, the Court finds that further review is not warranted and that the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. Kitchens, J., for the Court. Order entered.

Stephen Montalto a/k/a Stephen Daniel Montalto a/k/a Stephen D. Montalto v. State of Mississippi; Rankin Circuit Court; LC Case #: 2011-253-C; Ruling Date: 09/23/2011; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed pro se by Stephen Montalto is dismissed. M.R.A.P. 17(b). Order entered.

Kenton H. McNeese v. Katherine J. McNeese; Lamar Chancery Court; LC Case #: 37-2011-0202-G-F; Ruling Date: 12/31/2011; Ruling Judge: Eugene Fair, Jr.; Disposition: Motion for Rehearing of Appellant in the Alternative Motion for Suspension of Rule and Motion for Reconsideration filed by Kenton H. McNeese is dismissed. Order entered.

Wanda Gordon v. Charles T. Gordon; Harrison Chancery Court 1st District; LC Case #: C240104-00208(3); Ruling Date: 01/12/2012; Ruling Judge: Sanford Steckler; Disposition: Petition for writ of certiorari filed by Wanda Gordon is denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ. To Grant: Pierce, J. Order entered.

Linda A. Pickering v. Christie Mauldin Pickering; Lamar Chancery Court; LC Case #: 2011-0572-GN-W; Ruling Date: 04/16/2012; Ruling Judge: Johnny Williams; Disposition: Motion to Dismiss Appeal filed by counsel for Appellant and the Response to Motion to Dismiss in the form of a Motion to Strike Motion to Dismiss filed by counsel for Appellee are Dismissed as Moot. Order entered.

Linda A. Pickering v. Christie Mauldin Pickering; Lamar Chancery Court; LC Case #: 2011-0572-GN-W; Ruling Date: 04/16/2012; Ruling Judge: Johnny Williams; Majority Opinion: Randolph, P.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

John W. Ravenstein v. Elisha Ravenstein (Hawkins); Madison Chancery Court; LC Case #: 96-350-B; Ruling Date: 04/18/2012; Ruling Judge: Cynthia Brewer; Disposition: On the Court's own motion, the parties are directed to file the original and nine copies of supplemental briefs, and to serve a copy of the briefs on the Office of the Attorney General, addressing whether equal protection would be violated by an interpretation that child support may not be ordered for adult children who are mentally or physically incapable of self-support under Sections 93-5-23 and 93-11-65, given the mandate of Section 43-19-33 that a certain class of people may receive such support, due on the following schedule: within 30 days of the entry of this order John shall file his supplemental brief which shall not exceed 25 pages; within 30 days of the service of John's supplemental brief, Elisha shall file her supplemental brief which shall not exceed 25 pages; and within 14 days of the service of Elisha's supplemental brief, John may file a supplemental reply brief which shall not exceed 10 pages. The Clerk of this Court shall serve a copy of this order on the attorneys of record, as well as on the Office of the Attorney General. If the Attorney General chooses to file a brief, it shall be due within 30 days of the service of Elisha's supplemental brief and shall not exceed 25 pages. Lamar, J., Disagrees. Order entered.

F. Hall Bailey and Vikki J. Taylor v. William E. Dossett, Dennis W. Miller, Neville H. Boschert, Aileen S. Thomas, Jeffrey R. Barber, Craig N. Landrum, Gary P. Snyder and Watkins, Ludlam, Winter & Stennis, P.A.; Hinds Circuit Court 1st District; LC Case #: 251-11-925CIV; Ruling Date: 08/28/2012; Ruling Judge: Jeff Weill, Sr.; Disposition: Joint Motion to Dismiss Appeal filed by counsel for the Appellants and counsel for the Appellees is granted. This matter is hereby dismissed upon entry of this Order with each party to bear it own costs. Randolph, P.J., for the Court. Order entered.

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.; Disposition: On the Court's own motion, within thirty days of the instant order, the appellant shall submit a brief to the Court, not to exceed fifteen pages, addressing the applicability of Mississippi Code Section 11-46-9(1)(d) to the instant matter. Within fifteen days from the filing of the appellant's brief, the appellee shall submit a brief, not to exceed fifteen pages, addressing the same. Within fifteen days from the filing of the appellee's response brief, the appellant may submit a reply brief, not to exceed the remainder of the appellant's allotted fifteen pages. Nothing in the instant order shall be read to preclude the parties from addressing whether they raised the issue of the applicability of Section 11-46-9(1)(d) in the trial court to the extent necessary for appellate review. Order entered.

Larry Press Wells a/k/a Larry P. Wells v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-07-00774; Ruling Date: 03/22/2011; Ruling Judge: Lawrence Bourgeois, Jr.; Disposition: Motion to Reinstate Direct Appeal is granted. The decision of the Court of Appeals of the State of Mississippi in Wells v. State, 57 So. 3d 40 (Miss. Ct. App. 2011) is hereby vacated, the mandate is withdrawn, and Wells' appeal is reinstated. The Clerk of this Court shall issue a briefing schedule, and the appeal in docket number 2009-KP-00842 shall proceed. Wells' Motion to Reconsider Sentence and Application for Leave to File Motion for Post Conviction Collateral Relief are dismissed without prejudice. Order entered.

Gary Lauderdale a/k/a Gary E. Lauderdale v. State of Mississippi; Winston Circuit Court; LC Case #: 2012-033-CR; Ruling Date: 11/14/2012; Ruling Judge: C. Morgan, III; Disposition: On the Court's own motion, the State should file a response to the Motion to Dismiss Appeal on Suggestion of Death filed by the Office of Indigent Appeals on behalf of the Appellant, within 7 days from the date of this order. Order entered.

In the Matter of The Reinstatement of Gail P. Thompson: Gail P. Thompson v. The Mississippi Bar; LC Case #: 2005-B-1936; Ruling Date: 10/13/2008; Disposition: Gail P. Thompson's Petition for Reinstatement to the Practice of Law is granted. See opinion of this Court handed down this date.

In the Matter of The Reinstatement of Gail P. Thompson: Gail P. Thompson v. The Mississippi Bar; LC Case #: 2005-B-1936; Ruling Date: 10/13/2008; Majority Opinion: Waller, C.J. Disposition: Gail P. Thompson's Petition for Reinstatement to the Practice of Law is granted. Gail P. Thompson taxed with costs of appeal. Votes: Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Mississippi Commission on Judicial Performance v. D. Neil Harris, Sr.; LC Case #: 2010-181/197; Ruling Date: 02/22/2013; Ruling Judge: H. Clark, II; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance and Chancellor D. Neil Harris, Sr., is granted. See opinion of this Court handed down this date. Pierce and Coleman, JJ., not participating.

Mississippi Commission on Judicial Performance v. D. Neil Harris, Sr.; LC Case #: 2010-181/197; Ruling Date: 02/22/2013; Ruling Judge: H. Clark, II; Majority Opinion: Dickinson, P.J. Disposition: Jackson County Chancery Court Judge D. Neil Harris, Sr., shall be publicly reprimanded, fined $2,500 and assessed costs of $200. The public reprimand shall be read in open court by the presiding judge of the Jackson County Circuit Court on the first day of the next term of that court in which a jury is present after the issuance of this Court's mandate, with Judge Harris in attendance. Chancellor D. Neil Harris, Sr., taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Chandler and King, JJ., Concur. Pierce and Coleman, JJ., not participating.

State of Mississippi v. Willie C. Russell; Sunflower Circuit Court; LC Case #: 10,130; Ruling Date: 09/05/2013; Ruling Judge: Betty Sanders; Disposition: Interlocutory Appeal from Circuit Court of Sunflower County, Cause No. 10,130 filed by Petitioner is denied. Randolph, P.J., and Lamar, J., would grant. Order entered.