12/08/2016 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis
X  2015-CA-01175-SCT

State of Mississippi, Ex Rel., Jim Hood, Attorney General v. Louisville Tire Center, Inc. d/b/a Fair Oil Company; Winston Chancery Court; LC Case #: 2007-134; Ruling Date: 07/02/2015; Ruling Judge: Joseph Kilgore; Consolidated with 2009-CA-00052-SCT State of Mississippi, Ex Rel Jim Hood, Attorney General v. Louisville Tire Center, Inc. d/b/a Fair Oil Company; Winston Chancery Court; LC Case #: 2007-134; Ruling Date: 11/25/2008; Ruling Judge: J. Kilpatrick; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Maxwell and Beam, JJ., Concur. King, J., not participating.

In Re: Uniform Procedures for Data Collection Matters in Circuit, Chancery and County Courts; Disposition: Before the Court's own motion, the Civil Case Filing Form Cover Sheet is amended as set forth in the attached Exhibit A. The amendments are effective January 1, 2017. The Clerk of this Court must spread this order upon the minutes of the Court and forward a certified copy to West Publishing Company for publication as soon as practicable in the advance sheets of the Southern Reporter, Third Series (Mississippi Edition), and in the next edition of the Mississippi Rules of Court. Agree to Amend: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered.

Timothy Allen McCoy a/k/a Timothy McCoy v. State of Mississippi; Newton Circuit Court; LC Case #: 13-CR-006-NW-G; Ruling Date: 04/11/2013; Ruling Judge: Marcus Gordon; Disposition: Timothy McCoy's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, King, Coleman and Beam, JJ. To Grant: Kitchens, J. Not Participating: Randolph, P.J., and Maxwell, J. Order entered.

Ronnie Robertson and Diane Robertson v. Jean A. Catalanotto and Jody M. Catalanotto; Forrest Chancery Court; LC Case #: 11-0305-GN-B; Ruling Date: 02/18/2014; Ruling Judge: Dawn Beam; Disposition: The Petition for Writ of Certiorari filed by counsel for the Petitioners is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Maxwell, J. Not Participating: Randolph, P.J., and Beam, J. Order entered.

In The Matter of The Estate of James Oldrum Smith, Jr., Deceased: Lela Smith Flowers, Christopher Stanton Smith, and Christy Noah as Administrator of the Estate of Jinx P. Smith, Jr. v. Todd A. Boolos as Successor Trustee of the J.O. Smith, Jr., Family Trust, Patrick Raymond Smith, Ernest Lane, III, Trustmark National Bank, Big River Shipbuilders, Inc., Yazoo River Towing, Inc., Steve Sessums, and Vicksburg Plant Food, Inc.; Warren Chancery Court; LC Case #: 2006-114-PR; Ruling Date: 07/12/2014; Ruling Judge: Hollis McGehee; Disposition: The Motion for Rehearing filed by Appellants is denied. Randolph, P.J., not participating.

James Douglas Willie a/k/a James D. Willie a/k/a James Willie v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: CR2012-130-JM-P2; Ruling Date: 06/05/2014; Ruling Judge: James McClure, III; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Panola County taxed with costs of appeal. Votes: Dickinson, P.J., and Lamar, J., Concur. Kitchens, J., Concurs in Part and in Result with Separate Written Opinion Joined by King, J. Randolph, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Waller, C.J., Maxwell and Beam, JJ. Concurring in Part and in Result Opinion: Kitchens, J. Votes: King, J., Joins This Opinion. Concurring in Part and Dissenting in Part Opinion: Randolph, P.J. Votes: Waller, C.J., Maxwell and Beam, JJ., Join This Opinion.

Jermaine Rogers a/k/a Jermaine D. Rogers v. State of Mississippi; Rankin Circuit Court; LC Case #: 2006-249C; Ruling Date: 07/21/2014; Ruling Judge: William Chapman, III; Disposition: The Petition for Writ of Certiorari filed by counsel for Jermaine Rogers is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman and Beam, JJ. Not Participating: Randolph, P.J., and Maxwell, J. Order entered.

Michael Kirby and William T. Heimer v. BancorpSouth Bank; Madison Circuit Court; LC Case #: CI2008-0279-JC; Ruling Date: 08/07/2014; Ruling Judge: William Chapman, III; Disposition: This Court granted the petition for writ of certiorari to review the judgment and opinion of the Court of Appeals. Now before the Court is a Joint Motion to Dismiss Appeal. The appeal and the writ of certiorari in this case are dismissed with the parties to bear their own costs. King, J., for the Court. Order entered.

Barry Mabus v. Mueller Industries, Inc., and Zurich American Insurance Company; LC Case #: 0500498-J-4065-B; Ruling Date: 08/20/2014; Disposition: The Petition for Writ of Certiorari filed by Barry Mabus is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, King, Coleman, Maxwell and Beam, JJ. To Grant: Kitchens, J. Not Participating: Randolph, P.J. Order entered.

Robert W. Stratton, Sr. v. Jerry McKey; Amite Circuit Court; LC Case #: 10-CV-0218-J; Ruling Date: 09/23/2011; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Coleman, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, King and Beam, JJ., Concur. Maxwell, J., not participating.

Zachary Cozart a/k/a Zachery Cozart a/k/a Zack Cozar v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2011-004GCD2; Ruling Date: 11/25/2014; Ruling Judge: Gerald Chatham, Sr.; Disposition: The Petition for Writ of Certiorari filed by Zachary Cozart is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, King, Coleman, Maxwell and Beam, JJ. To Deny: Lamar, J. Not Participating: Randolph, P.J. Order entered.

Jeffery Walton a/k/a Jeff Walton a/k/a Jeffery S. Walton v. State of Mississippi; Rankin Circuit Court; LC Case #: 2014-277C; Ruling Date: 11/17/2014; Ruling Judge: William Chapman, III; Disposition: The second Motion for Rehearing, which is treated as a Petition for Writ of Certiorari is dismissed. Order entered.

Richard A. Simoneaux a/k/a Richard Simoneaux v. State of Mississippi; Pike Circuit Court; LC Case #: 07-166-PCS; Ruling Date: 09/17/2014; Ruling Judge: David Strong, Jr.; Disposition: The Petition for Writ of Certiorari filed by Richard A. Simoneaux is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J., and Kitchens, J. Order entered.

Abel J. Dedeaux a/k/a Abel Jerome Dedeaux a/k/a Abel Dedeaux a/k/a Able Jerome Dedeaux v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2015-00005; Ruling Date: 02/18/2015; Ruling Judge: Christopher Schmidt; Disposition: Abel Dedeaux's Petition for Writ of Certiorari is denied. To Deny: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered.

Carolyn McAdams v. Sheriel F. Perkins; Leflore Circuit Court; LC Case #: 2014-0074(CM)(L) ; Ruling Date: 05/11/2015; Ruling Judge: Margaret Carey-McCray; Disposition: The Motion to Dismiss Appeal filed by Appellee is denied. See opinion of this Court handed down this date.

Carolyn McAdams v. Sheriel F. Perkins; Leflore Circuit Court; LC Case #: 2014-0074(CM)(L) ; Ruling Date: 05/11/2015; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Lamar, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Coleman, Maxwell and Beam, JJ., Concur. Kitchens, J., Dissents with Separate Written Opinion Joined by King, J. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

Marshall Fisher v. Michael Drankus; Sunflower Circuit Court; LC Case #: 2015-0011; Ruling Date: 06/02/2015; Ruling Judge: Carol White-Richard; Majority Opinion: Beam, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Coleman and Maxwell, JJ., Concur. Dickinson, P.J., Concurs in Result Only with Separate Written Opinion Joined in Part by Kitchens, J. Kitchens, J., Dissents with Separate Written Opinion Joined by King, J. Concur in Result Only Opinion: Dickinson, P.J. Votes: Kitchens, J., Joins This Opinion in Part. Dissenting Opinion: Kitchens, J. Votes: King, J., Joins This Opinion.

Kelvin Jordan a/k/a Kelvin L. Jordan v. State of Mississippi; Clarke Circuit Court; LC Case #: 7698; Ruling Date: 11/01/1996; Ruling Judge: Robert Bailey; Disposition: The Motion to Seal Documents filed by Kelvin Jordan is dismissed as moot. To Dismiss: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, King, Coleman, Maxwell and Beam, JJ. Not Participating: Randolph, P.J. Order entered.

Kelvin Jordan a/k/a Kelvin L. Jordan v. State of Mississippi; Clarke Circuit Court; LC Case #: 7698; Ruling Date: 11/01/1996; Ruling Judge: Robert Bailey; Majority Opinion: Coleman, J. Disposition: Leave to File Successive Petition for Post-Conviction Relief denied. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Maxwell and Beam, JJ., Concur. King, J., Specially Concurs with Separate Written Opinion Joined by Kitchens, J. Randolph, P.J., not participating. Specially Concurring Opinion: King, J. Votes: Kitchens, J., Joins This Opinion.