12/11/2014 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2013-EC-00928-SCT

Dimp Powell v. Municipal Election Commission of The Town of Isola, Mississippi; Humphreys Circuit Court; LC Case #: 2013-0063; Ruling Date: 05/30/2013; Ruling Judge: Jannie Lewis; Majority Opinion: Chandler, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.

Vicksburg Healthcare, LLC d/b/a River Region Health System v. Clara Dees; Warren Circuit Court; LC Case #: 10,0151-CI; Ruling Date: 01/22/2013; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Randolph, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Richard Dean v. Katie C. Slade, L. Guy Jackson and Flora S. Nichols Ragan; Jackson Chancery Court; LC Case #: 2006-1049-JB; Ruling Date: 03/25/2009; Ruling Judge: Jaye Bradley; Consolidated with 2012-CT-01548-SCT Richard Dean v. Katie C. Slade, L. Guy Jackson, Flora S. Nichols Ragan and Jan Dean; Jackson Chancery Court; LC Case #: 2006-1049CB; Ruling Date: 04/24/2012; Ruling Judge: G. Bordis, IV; Disposition: Petition for Writ of Certiorari filed pro se by Richard Dean is denied. To Deny: All Justices. Order entered.

Jimmy Ray Chism, Jr. v. Abby Gale Morris Chism Bright; Union Chancery Court; LC Case #: 2006-0549-73-MM; Ruling Date: 09/08/2011; Ruling Judge: C. Malski; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur.

Anthony Carothers a/k/a Anthony Carrothers a/k/a Anthony Carruthers a/k/a AMP v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK11-217; Ruling Date: 11/04/2011; Ruling Judge: Andrew Howorth; Disposition: Appellee's Motion for Extension of time to File Supplemental Brief is denied. Order entered.

Anthony Carothers a/k/a Anthony Carrothers a/k/a Anthony Carruthers a/k/a AMP v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK11-217; Ruling Date: 11/04/2011; Ruling Judge: Andrew Howorth; Majority Opinion: Pierce, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Lafayette County Circuit Court is Reinstated and Affirmed. Count I: Conviction of Aggravated Assault and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Aggravated Assault and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections with Five (5) Years to serve and Fifteen (15) Years Suspended, Affirmed. Sentences in Count I and Count II are to be served consecutively. Appellant is to pay $1000 fine and $979.50 in Court costs. Lafayette County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.

In the Interest of a Minor Victoria Denise Waites: Jeffrey Scott Waites v. Amy Marie Waites Ritchie and Timothy J. Sanford; Lamar Chancery Court; LC Case #: 2009-0469-GN-W; Ruling Date: 03/21/2012; Ruling Judge: Johnny Williams; Majority Opinion: Pierce, J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Lamar County Chancery Court is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, King and Coleman, JJ., Concur.

In the Matter of the Estate of Charles William White, Deceased: Anita White, Individually and as Executor of the Estate of Charles William White v. Charles Thomas White; DeSoto Chancery Court; LC Case #: 09-06-1369(PL); Ruling Date: 11/23/2011; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur. Lamar, J., not participating.

Timothy Lavon Bell a/k/a Timothy L. Bell v. State of Mississippi; Scott Circuit Court; LC Case #: 11-CR-068-SC-G; Ruling Date: 06/15/2012; Ruling Judge: Marcus Gordon; Disposition: Petition for Writ of Certiorari filed by Timothy L. Bell is denied. To Deny: All Justices. Order entered.

Tanya Dale Wright Sanderson v. Hobson L. Sanderson, Jr.; Monroe Chancery Court; LC Case #: CV-2008-000627-TDL; Ruling Date: 06/15/2012; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Coleman, J. Disposition: Affirmed In Part; Reversed In Part and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Lamar, Kitchens, Pierce and King, JJ., Concur. Randolph, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined In Part by Chandler, J. Chandler, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Dickinson, P.J.; Randolph, P.J. Joins In Part. Concurring in Part and Dissenting in Part Opinion: Randolph, P.J. Votes: Chandler, J., Joins This Opinion in Part. Concurring in Part and Dissenting in Part Opinion: Chandler, J. Votes: Dickinson, P.J., Joins This Opinion. Randolph, P.J., Joins This Opinion in Part.

Brian Aldridge and Touched by an Angel Ministries, Inc. v. Clarke Aldridge, Administrator of the Estate of Florence A. Aldridge Deceased:; Lee Chancery Court; LC Case #: 08-1944-41-MM; Ruling Date: 05/23/2012; Ruling Judge: C. Malski; Disposition: Petition for Writ of Certiorari filed by counsel for the petitioners is hereby denied. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Chandler, and Pierce, JJ. To Grant: Coleman, J. Not Participating: King, J. Order entered.

Richard Dean v. Katie C. Slade, L. Guy Jackson, Flora S. Nichols Ragan and Jan Dean; Jackson Chancery Court; LC Case #: 2006-1049CB; Ruling Date: 04/24/2012; Ruling Judge: G. Bordis, IV; Consolidated with 2009-CT-01793-SCT Richard Dean v. Katie C. Slade, L. Guy Jackson and Flora S. Nichols Ragan; Jackson Chancery Court; LC Case #: 2006-1049-JB; Ruling Date: 03/25/2009; Ruling Judge: Jaye Bradley; Disposition: Petition for Writ of Certiorari filed pro se by Richard Dean is denied. To Deny: All Justices. Order entered.

Leevester Brown v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2003-0088; Ruling Date: 09/21/2012; Ruling Judge: Albert Smith, III; Disposition: Petition for Writ of Mandamus filed by appellant is dismissed as moot. Order entered.

Leevester Brown v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2003-0088; Ruling Date: 09/21/2012; Ruling Judge: Albert Smith, III; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Coahoma County taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Kitchens, Chandler, Pierce, King and Coleman, JJ., Concur. Kitchens, J., Specially Concurs With Separate Written Opinion Joined by Waller, C.J., Dickinson and Randolph, P.JJ. Lamar, Chandler, Pierce, King and Coleman, JJ. Specially Concurring Opinion: Kitchens, J. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Chandler, Pierce, King and Coleman, JJ., Join This Opinion.

In Re: Lien against M/Y Areti and M/Y Lady Linda: Trinity Yachts, LLC v. Mike & Jerry's Paint & Supply and State of Mississippi, ex rel, Attorney General Jim Hood; Harrison Circuit Court 1st District; LC Case #: A2401-2011-00356; Ruling Date: 09/18/2012; Ruling Judge: John Gargiulo; Consolidated with 2013-CA-01155-SCT In Re: Lien against The M/Y Areti and M/Y Lady Linda: Mike & Jerry's Auto Parts, Inc. d/b/a Mike & Jerry's Paint & Supply v. Trinity Yachts, LLC; Harrison Circuit Court 1st District; LC Case #: A2401-11-356; Ruling Date: 06/11/2013; Ruling Judge: John Gargiulo; Majority Opinion: Chandler, J. Disposition: 2012-IA-01667-SCT: Appeal Dismissed. 2013-CA-01155-SCT: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Kitchens, Pierce and King, JJ., Concur. Dickinson, P.J., Concurs With Separate Written Opinion Joined by Chandler and Pierce, JJ.; Waller, C.J., Joins In Part. Randolph, P.J., Dissents With Separate Written Opinion Joined by Coleman, J.; Lamar, J., Joins In Part. Coleman, J., Dissents With Separate Written Opinion Joined by Randolph, P.J., and Lamar, J. Concurring Opinion: Dickinson, P.J. Votes: Chandler and Pierce, JJ., Join This Opinion. Waller, C.J., Joins This Opinion in Part. Dissenting Opinion: Randolph, P.J. Votes: Coleman, J., Joins This Opinion. Lamar, J., Joins This Opinion in Part. Dissenting Opinion: Coleman, J. Votes: Randolph, P.J., and Lamar, J., Join This Opinion.

Ruben Whittle v. Tango Transport and Zurich American Insurance Company; Harrison Circuit Court 1st District; LC Case #: A2401-2011-00054; Ruling Date: 12/18/2012; Ruling Judge: Lisa Dodson; Disposition: Petition for Writ of Certiorari filed by Tango Transport and Zurich American Insurance Company is denied. To Deny: Waller, C.J., Dickinson, P.J., Kitchens, Chandler, Pierce, King and Coleman, JJ. To Grant: Randolph, P.J., and Lamar, J. Order entered.

Willie Lee Madden Jr. a/k/a Willie L. Madden Jr. v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2002-00722; Ruling Date: 08/03/2012; Ruling Judge: John Gargiulo; Disposition: Petition for Writ of Certiorari En Banc filed by Willie Lee Madden, Jr. is granted. To Grant: Dickinson, P.J., Kitchens, Chandler and King, JJ. To Deny: Waller, C.J., Randolph, P.J., Lamar, Pierce and Coleman, JJ. Order entered.

Vicksburg Healthcare, LLC d/b/a River Region Health System v. Clara Dees; Warren Circuit Court; LC Case #: 10,0151-CI; Ruling Date: 01/22/2013; Ruling Judge: Isadore Patrick, Jr.; Disposition: Before the Court are Vicksburg Healthcare, LLC's Motion to Hold Appellee in Contempt, its Second Motion to Hold Appellee in Contempt, and attorney Michael E. Winfield's response to those motions. After due consideration, we find that no good cause was shown for Winfield's failure to comply timely with the May 2 order. Thus, we find that the motions should be granted in part, denied in part, and dismissed as moot in part. It is therefore ordered that (1) Winfield pay Vicksburg Healthcare $1,086 in attorney's fees, costs, and expenses, which represents the difference between the $2,586 established by Vicksburg Healthcare at the initial show-cause hearing and the $1,500 that Winfield has already paid; (2) Vicksburg Healthcare's request for us to strike the Appellee's brief and to enter a judgment reversing the trial court and granting summary judgment for it is denied; and (3) Vicksburg Healthcare's request that we order Winfield to pay $500 to the Court is dismissed as moot. To Grant in Part, Deny in Part, and Dismiss as Moot in Part: All Justices. Order entered.

George Huey v. RGIS Inventory Specialists and Fidelity & Guaranty Insurance Company; Mississippi Workers' Compensation Commission; LC Case #: 09-04755-K-7478-E; Ruling Date: 01/24/2013; Disposition: Petition for Writ of Certiorari filed by George Huey is denied. To Deny: All Justices. Order entered.

Harvey Williams, Jr. a/k/a Smokie a/k/a Harvey Williams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-969; Ruling Date: 02/14/2013; Ruling Judge: Jeff Weill, Sr.; Majority Opinion: Kitchens, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Dickinson, P.J., Lamar, Chandler and King, JJ., Concur. Pierce, J., Dissents With Separate Written Opinion Joined by Waller, C.J., and Randolph, P.J.; Coleman, J. Joins In Part. Coleman, J., Dissents With Separate Written Opinion Joined by Waller, C.J., Randolph, P.J., and Pierce, J. Dissenting Opinion: Pierce, J. Votes: Waller, C.J., and Randolph, P.J., Join This Opinion. Coleman, J., Joins This Opinion in Part. Dissenting Opinion: Coleman, J. Votes: Waller, C.J., Randolph, P.J., and Pierce, J., Join This Opinion.

Lowndes County, Mississippi by and Through its Board of Supervisors v. Hal H.H. McClanahan, III, McClanahan Camp, LLC, Julie Gartman and Dennis Gartman; Lowndes Circuit Court; LC Case #: 2012-0026-CV1; Ruling Date: 02/04/2013; Ruling Judge: Henry Lackey; Disposition: Petition for Writ of Certiorari filed by the petitioners is hereby granted. To Grant: All Justices. Order entered.

Antonio Williams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-12-411CIV; Ruling Date: 03/13/2013; Ruling Judge: Jeff Weill, Sr.; Disposition: Petition for Writ of Certiorari filed pro se by Antonio Williams is hereby granted. To Grant: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, and King, JJ. To Deny: Randolph, P.J., Chandler, Pierce, and Coleman, JJ. Order entered.

Rebecca Hentz a/k/a Emily Rebecca Hentz v. State of Mississippi; Tallahatchie Circuit Court 1st District; LC Case #: CR-2000-0026 JMT1; Ruling Date: 06/18/2013; Ruling Judge: James McClure, III; Majority Opinion: King, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., and Pierce, J., Concur. Randolph, P.J., Specially Concurs With Separate Written Opinion. Kitchens, J., Dissents With Separate Written Opinion Joined by Dickinson, P.J., Chandler and Coleman, JJ. Lamar, J., not participating. Specially Concurring Opinion: Randolph, P.J. Dissenting Opinion: Kitchens, J. Votes: Dickinson, P.J., Chandler and Coleman, JJ., Join This Opinion.

Janet Olier v. Donna Bailey; Jackson Circuit Court; LC Case #: 2012-00107; Ruling Date: 08/02/2013; Ruling Judge: Dale Harkey; Disposition: Motion to Strike Portions of Appellant's Brief filed by Appellee is denied. See opinion handed down this date at paragraph 6.

Janet Olier v. Donna Bailey; Jackson Circuit Court; LC Case #: 2012-00107; Ruling Date: 08/02/2013; Ruling Judge: Dale Harkey; Majority Opinion: Kitchens, J. Disposition: Affirmed in Part; Reversed In Part and Remanded. Appellant and appellee taxed with costs of appeal. Votes: Waller, C.J., Chandler and King, JJ., Concur. Lamar, J., Concurs in Part and in the Result Without Separate Written Opinion. Randolph, P.J., Concurs in Parts I and II and Dissents in Part III Without Separate Written Opinion. Dickinson, P.J., Dissents With Separate Written Opinion. Coleman, J., Dissents With Separate Written Opinion Joined by Pierce, J.; Randolph, P.J. Joins In Part II only. Dissenting Opinion: Dickinson, P.J. Dissenting Opinion: Coleman, J. Votes: Pierce, J., Joins This Opinion. Randolph, P.J., Joins This Opinion in Part II only.