12/16/2010 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2008-CT-01785-SCT

Merlene Anderson v. Donald Anderson; Alcorn Chancery Court; LC Case #: 2006-0058-02-M; Ruling Date: 09/24/2008; Ruling Judge: Jacqueline Mask; Disposition: Petition for writ of certiorari filed by Donald Anderson is granted. To Grant: Carlson, P.J., Dickinson, Randolph, Lamar and Pierce, JJ. To Deny: Waller, C.J., Graves, P.J., Kitchens and Chandler, JJ. Order entered.

The City of Jackson, Mississippi v. The Estate of Otha Stewart, Deceased, By and Through its Administrator, Emma Womack; Hinds Circuit Court 1st District; LC Case #: 251-98-816CIV; Ruling Date: 05/20/2008; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by the City of Jackson is denied. Graves, P.J., not participating.

Mississippi State Federation of Colored Women's Club Housing for the Elderly in Clinton, Inc. d/b/a Federation Tower and Southland Management Corporation v. In the Interest of L. R., a Minor Child by and Through her Mother and Next Friend, and her Mother, Individually; Hinds Circuit Court 1st District; LC Case #: 251-02-884-CIV; Ruling Date: 06/20/2008; Ruling Judge: William Coleman; Majority Opinion: Randolph, J. Disposition: On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Reversed and Remanded. Appellant and appellees taxed with costs of appeal. Votes: Carlson, P.J., Dickinson and Lamar, JJ., Concur. Kitchens, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Chandler, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Pierce, J. Waller, C.J., and Graves, P.J., not participating. Concurring in Part and Dissenting in Part Opinion: Kitchens, J. Concurring in Part and Dissenting in Part Opinion: Chandler, J. Votes: Pierce, J., Join This Opinion.

Tyrone Gowdy v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 358-08; Ruling Date: 04/21/2009; Ruling Judge: Robert Bailey; Majority Opinion: Kitchens, J. Disposition: Conviction of Felony Driving Under the Influence, Affirmed. Sentence of Life Imprisonment, as a habitual offender, in the custody of the Mississippi Department of Corrections, vacated. This case is remanded to the Lauderdale County Circuit Court for resentencing. Lauderdale County taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Lamar and Chandler, JJ., Concur. Pierce, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Carlson, P.J., and Randolph, J. Concurring in Part and Dissenting in Part Opinion: Pierce, J. Votes: Carlson, P.J., and Randolph, J., Join This Opinion.

Tommy White v. State of Mississippi; Yalobusha Circuit Court 1st District; LC Case #: CR 2009-4 M (Y1); Ruling Date: 06/18/2009; Ruling Judge: James McClure, III; Disposition: On the Court's own motion, the Motion for Post-Conviction relief filed by Tommy Demin White is dismissed without prejudice. To dismiss: All Justices. Order entered.

Tommy White v. State of Mississippi; Yalobusha Circuit Court 1st District; LC Case #: CR 2009-4 M (Y1); Ruling Date: 06/18/2009; Ruling Judge: James McClure, III; Disposition: Motion for rehearing filed pro se by Tommy Demin White is dismissed without prejudice. Carlson, P.J., Randolph and Lamar, JJ., would grant.

Kevin Berry v. Ora L. Patten, as Next Friend of Bianca Patten, Shadarryl Hardnett and Mariah Patten; Lafayette Circuit Court; LC Case #: L02-138; Ruling Date: 04/06/2009; Ruling Judge: Henry Lackey; Majority Opinion: Dickinson, J. Disposition: Reversed and Rendered. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Ginny Watkins v. Mississippi Board of Nursing; Rankin Chancery Court; LC Case #: 65853; Ruling Date: 01/19/2010; Ruling Judge: John Grant, III; Disposition: Petition for Interlocutory Appeal filed by Appellant was granted by order of this Court on February 18, 2010. 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 Interlocutory Appeal filed by Appellant is dismissed. All costs of the appeal are assessed to the Appellant. Lamar, J., for the Court. Order entered.