12/17/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Coleman, Josiah Dennis
X  2014-CA-01615-SCT

Lampkin Construction Co., Inc. v. Sand Specialties & Aggregates, LLC; Copiah Circuit Court; LC Case #: 2012-0253; Ruling Date: 08/25/2014; Ruling Judge: Lamar Pickard; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce and King, JJ., Concur.

In Re: In the Matter of the Estate of Sarath Sapukotana; Palihawadanage Ramya Chandralatha Fernando v. Martha Gay Weaver Sapukotana; Wayne Chancery Court; LC Case #: 2008-21; Ruling Date: 10/14/2013; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: King, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Kitchens, Pierce and Coleman, JJ., Concur. Dickinson, P.J., and Lamar, J., Concur in Part and in Result without Separate Written Opinion.

Mary Meeks v. Hologic, Inc.; Coahoma Circuit Court; LC Case #: 14-CI-10-127; Ruling Date: 05/02/2014; Ruling Judge: Albert Smith, III; Majority Opinion: King, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Kitchens, Pierce and Coleman, JJ., Concur.

Sharkey Issaquena Community Hospital v. Alan Anderson and Linda Anderson; Sharkey Circuit Court; LC Case #: 13-0014; Ruling Date: 03/19/2014; Ruling Judge: M. Chaney, Jr.; Majority Opinion: Kitchens, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Randolph, P.J., Lamar and King, JJ., Concur. Coleman, J., Dissents with Separate Written Opinion Joined by Waller, C.J., Dickinson, P.J., and Pierce, J. Dissenting Opinion: Coleman, J. Votes: Waller, C.J., Dickinson, P.J., and Pierce, J., Join This Opinion.

Ginger M. Pope, Administratrix of the Estate of Nancy Springer, Deceased v. Dr. Charles F. Brock and Dr. Steven Clark; Bolivar Circuit Court 2nd District; LC Case #: 2004-0006; Ruling Date: 09/26/2013; Ruling Judge: Charles Webster; Majority Opinion: Randolph, P.J. Disposition: Appeal Dismissed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Dickinson, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.

Jeanette Carpenter v. Kenneth Thompson Builder, Inc., Coastal Masonry, Pro Mow Lawn Care, Inc. and Capital Security Services, Inc.; Jackson Circuit Court; LC Case #: 2010-00177(1); Ruling Date: 06/27/2011; Ruling Judge: Robert Krebs; Consolidated with 2011-CT-01033-SCT Jeanette Carpenter v. Kenneth Thompson Builder, Inc., Coastal Masonry, Pro Mow Lawn Care, Inc., Capital Security Services, Inc., Mallette Brothers Construction, Inc. and Mississippi Transportation Commission a/k/a Mississippi Department of Transportation; Jackson Circuit Court; LC Case #: 2008-00,140(2); Ruling Date: 06/27/2011; Ruling Judge: Kathy Jackson; Disposition: The Motion for Rehearing filed by Appellant is denied. Lamar, Kitchens and King, JJ., would grant. Waller, C.J., and Dickinson, P.J., not participating.

Jeanette Carpenter v. Kenneth Thompson Builder, Inc., Coastal Masonry, Pro Mow Lawn Care, Inc., Capital Security Services, Inc., Mallette Brothers Construction, Inc. and Mississippi Transportation Commission a/k/a Mississippi Department of Transportation; Jackson Circuit Court; LC Case #: 2008-00,140(2); Ruling Date: 06/27/2011; Ruling Judge: Kathy Jackson; Consolidated with 2011-CT-01028-SCT Jeanette Carpenter v. Kenneth Thompson Builder, Inc., Coastal Masonry, Pro Mow Lawn Care, Inc. and Capital Security Services, Inc.; Jackson Circuit Court; LC Case #: 2010-00177(1); Ruling Date: 06/27/2011; Ruling Judge: Robert Krebs; Disposition: The Motion for Rehearing filed by Appellant is denied. Lamar, Kitchens and King, JJ., would grant. Waller, C.J., and Dickinson, P.J., not participating.

Propst Faith Pittman a/k/a Propst Faith Deveny Pittman v. Ty Lathan Pittman a/k/a Ty Thomas Lathan Pittman; Panola Chancery Court 2nd District; LC Case #: B-10-08-0379PL; Ruling Date: 12/18/2012; Ruling Judge: Percy Lynchard, Jr.; Disposition: The Petition for Writ of Certiorari filed by Propst Pittman is granted. To Grant: Waller, C.J., Dickinson, P.J., Kitchens, Pierce, King and Coleman, JJ. To Deny: Randolph, P.J., and Lamar, J. Order entered.

Jeremy Moseley v. Tiffiny (Moseley) Smith; Harrison Chancery Court 1st District; LC Case #: C2401-00-1125; Ruling Date: 05/21/2013; Ruling Judge: Sanford Steckler; Disposition: The Petition for Writ of Certiorari filed by Jeremy Moseley was granted by order of this Court entered on August 13, 2015. Upon further consideration, the Court finds that there is no need for further review and the writ of certiorari should be dismissed. On the Court's own motion, the writ of certiorari is dismissed. To Dismiss: Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. Kitchens, J., Objects with Separate Written Statement Joined by Waller, C.J., and King, J. Dickinson, P.J., for the Court. Order entered.

Kim Wade v. Mississippi Real Estate Commission; Hinds Circuit Court 1st District; LC Case #: 25110703CIV; Ruling Date: 08/27/2013; Ruling Judge: Tomie Green; Disposition: The Petition for Writ of Certiorari filed by Kim Wade, pro se, is dismissed. Order entered.

Tommie Lee Page a/k/a Tommie Page v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0085; Ruling Date: 10/24/2001; Ruling Judge: John Montgomery; Disposition: The Application for Leave to File Motion for Post-Conviction Collateral Relief in the Circuit Court of Oktibbeha County is dismissed. To Dismiss: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and Coleman, JJ. To Grant: Kitchens and King, JJ. Order entered.

Markeith D. Fleming a/k/a Markeith Darrell Fleming v. State of Mississippi; Attala Circuit Court; LC Case #: 2012-0031-CR; Ruling Date: 09/17/2013; Ruling Judge: C. Morgan, III; Majority Opinion: Dickinson, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Lamar, Kitchens, Pierce, King and Coleman, JJ., Concur.

Nurdan Aydin and Adnan Aydin v. Marty Daniels and Marty Daniels Construction, LLC ; Lafayette Circuit Court; LC Case #: L11-291; Ruling Date: 12/13/2013; Ruling Judge: John Gregory; Disposition: The Petition for Writ of Certiorari filed by Nurdan and Adnan Aydin is denied. Appellant's Motion to Strike Appellees' Response to Petition for Writ of Certiorari, and Appellees' Motion to File Response to Petition for Writ of Certiorari out of Time are dismissed as moot. To Deny: Waller, C.J., Dickinson and Randolph, P.JJ., Lamar, Pierce and King, JJ. To Grant: Kitchens, J. Not Participating: Coleman, J. Order entered.

James Ray Sanders a/k/a James R. Sanders a/k/a James Sanders v. State of Mississippi; Lafayette Circuit Court; LC Case #: L14-074; Ruling Date: 03/05/2014; Ruling Judge: John Gregory; Disposition: The Petition for Writ of Certiorari filed by James Ray Sanders is denied. To Deny: All Justices. Order entered.

Randy Braswell d/b/a Worldwide Companies v. Ergon Oil Purchasing, Inc.; Rankin Circuit Court; LC Case #: 2012-91-E; Ruling Date: 11/26/2013; Ruling Judge: John Emfinger; Disposition: The Motion for Rehearing filed by Appellee is denied. Randolph, P.J., would grant.

Donald Allen Caves a/k/a Donald Caves a/k/a Donald A. Caves v. State of Mississippi; Pearl River Circuit Court; LC Case #: K-2013-198M; Ruling Date: 04/17/2014; Ruling Judge: Anthony Mozingo; Disposition: The Petition for Writ of Certiorari filed by Donald Allen Caves is denied. To Deny: All Justices. Order entered.

Freese and Goss, PLLC, Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, III d/b/a Sweet and Associates, PLLC and John and Jane Does, Individually and/or Entities v. James Alford; Rankin Chancery Court; LC Case #: 61CH1:14-cv-00950; Ruling Date: 09/09/2014; Ruling Judge: Dan Fairly; Disposition: The Petition for Interlocutory Appeal is granted, the Chancery Court of Rankin County's order denying Petitioner's Motion to Transfer is reversed, and this matter is remanded to the Chancery Court of Rankin County for proceedings consistent with the instant Order. The Chancery Court of Rankin County shall transfer this matter to the Circuit Court of Rankin County. To Grant: All Justices. Pierce, J., for the Court. Order entered.

Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier, d/b/a Sheila M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, Medresolve, PLLC, and John & Jane Does Individually and as Entities v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 12-cv-00261; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01577-SCT Freese and Goss, PLLC, Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, Bossier and Associates, PLLC, Sweet and Freese, PLLC, and Dennis C. Sweet, III d/b/a Sweet and Associates, PLLC, and John & Jane Does Individually and/or Entities v. Edwrick Wilson, Betty Reyes and Ella Kate Taylor; Rankin Chancery Court; LC Case #: 14-961; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01578-SCT Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, d/b/a Shelia M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, and John & Jane Does, Individually and as Entities v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 12-cv-1803; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Disposition: Don Mitchell's Motion to Confess Circuit Court Jurisdiction is granted. The Rankin County Chancery Court's orders denying Appellant's Motions to Transfer are reversed, and the stay previously entered by this Court is now vacated. These matters are remanded to the Chancery Court of Rankin County for proceedings consistent with the instant Order. The Chancery Court of Rankin County shall transfer the matters to the Circuit Court of Rankin County. All costs, not previously assessed, shall be taxed to the Appellees. To Grant: All Justices. Pierce, J., for the Court. Order entered.

Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier, d/b/a Sheila M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, Medresolve, PLLC, and John & Jane Does Individually and as Entities v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 12-cv-00261; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01577-SCT Freese and Goss, PLLC, Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, Bossier and Associates, PLLC, Sweet and Freese, PLLC, and Dennis C. Sweet, III d/b/a Sweet and Associates, PLLC, and John & Jane Does Individually and/or Entities v. Edwrick Wilson, Betty Reyes and Ella Kate Taylor; Rankin Chancery Court; LC Case #: 14-961; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01578-SCT Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, d/b/a Shelia M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, and John & Jane Does, Individually and as Entities v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 12-cv-1803; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Disposition: The Petition for Interlocutory Appeal is granted, the Chancery Court of Rankin County's order denying Petitioner's Motion to Transfer is reversed, and this matter is remanded to the Chancery Court of Rankin County for proceedings consistent with the instant Order. The Chancery Court of Rankin County shall transfer this matter to the Circuit Court of Rankin County. To Grant: All Justices. Pierce, J., for the Court. Order entered.

Freese and Goss, PLLC, Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, Bossier and Associates, PLLC, Sweet and Freese, PLLC, and Dennis C. Sweet, III d/b/a Sweet and Associates, PLLC, and John & Jane Does Individually and/or Entities v. Edwrick Wilson, Betty Reyes and Ella Kate Taylor; Rankin Chancery Court; LC Case #: 14-961; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01576-SCT Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier, d/b/a Sheila M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, Medresolve, PLLC, and John & Jane Does Individually and as Entities v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 12-cv-00261; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01578-SCT Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, d/b/a Shelia M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, and John & Jane Does, Individually and as Entities v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 12-cv-1803; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Disposition: Don Mitchell's Motion to Confess Circuit Court Jurisdiction is granted. The Rankin County Chancery Court's orders denying Appellant's Motions to Transfer are reversed, and the stay previously entered by this Court is now vacated. These matters are remanded to the Chancery Court of Rankin County for proceedings consistent with the instant Order. The Chancery Court of Rankin County shall transfer the matters to the Circuit Court of Rankin County. All costs, not previously assessed, shall be taxed to the Appellees. To Grant: All Justices. Pierce, J., for the Court. Order entered.

Freese and Goss, PLLC, Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, Bossier and Associates, PLLC, Sweet and Freese, PLLC, and Dennis C. Sweet, III d/b/a Sweet and Associates, PLLC, and John & Jane Does Individually and/or Entities v. Edwrick Wilson, Betty Reyes and Ella Kate Taylor; Rankin Chancery Court; LC Case #: 14-961; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01576-SCT Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier, d/b/a Sheila M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, Medresolve, PLLC, and John & Jane Does Individually and as Entities v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 12-cv-00261; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01578-SCT Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, d/b/a Shelia M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, and John & Jane Does, Individually and as Entities v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 12-cv-1803; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Disposition: The Petition for Interlocutory Appeal is granted, the Chancery Court of Rankin County's order denying Petitioner's Motion to Transfer is reversed, and this matter is remanded to the Chancery Court of Rankin County for proceedings consistent with the instant Order. The Chancery Court of Rankin County shall transfer this matter to the Circuit Court of Rankin County. To Grant: All Justices. Pierce, J., for the Court. Order entered.

Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, d/b/a Shelia M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, and John & Jane Does, Individually and as Entities v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 12-cv-1803; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01576-SCT Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier, d/b/a Sheila M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, Medresolve, PLLC, and John & Jane Does Individually and as Entities v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 12-cv-00261; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01577-SCT Freese and Goss, PLLC, Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, Bossier and Associates, PLLC, Sweet and Freese, PLLC, and Dennis C. Sweet, III d/b/a Sweet and Associates, PLLC, and John & Jane Does Individually and/or Entities v. Edwrick Wilson, Betty Reyes and Ella Kate Taylor; Rankin Chancery Court; LC Case #: 14-961; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Disposition: Don Mitchell's Motion to Confess Circuit Court Jurisdiction is granted. The Rankin County Chancery Court's orders denying Appellant's Motions to Transfer are reversed, and the stay previously entered by this Court is now vacated. These matters are remanded to the Chancery Court of Rankin County for proceedings consistent with the instant Order. The Chancery Court of Rankin County shall transfer the matters to the Circuit Court of Rankin County. All costs, not previously assessed, shall be taxed to the Appellees. To Grant: All Justices. Pierce, J., for the Court. Order entered.

Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, d/b/a Shelia M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, and John & Jane Does, Individually and as Entities v. McHugh Fuller Law Group, PLLC; Rankin Chancery Court; LC Case #: 12-cv-1803; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01576-SCT Richard A. Freese, Dennis C. Sweet, III, Tim Goss, Sheila M. Bossier, d/b/a Sheila M. Bossier Attorney at Law, PLLC, Bossier and Associates, PLLC, Sweet and Freese, PLLC, Dennis C. Sweet, P.A., d/b/a Sweet and Associates, The Freese Law Firm, P.C., Freese and Goss, PLLC, Medresolve, PLLC, and John & Jane Does Individually and as Entities v. Don A. Mitchell; Rankin Chancery Court; LC Case #: 12-cv-00261; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Consolidated with 2014-IA-01577-SCT Freese and Goss, PLLC, Richard A. Freese, Dennis C. Sweet, III, Tim K. Goss, Sheila M. Bossier, Bossier and Associates, PLLC, Sweet and Freese, PLLC, and Dennis C. Sweet, III d/b/a Sweet and Associates, PLLC, and John & Jane Does Individually and/or Entities v. Edwrick Wilson, Betty Reyes and Ella Kate Taylor; Rankin Chancery Court; LC Case #: 14-961; Ruling Date: 10/16/2014; Ruling Judge: Dan Fairly; Disposition: The Petition for Interlocutory Appeal is granted, the Chancery Court of Rankin County's order denying Petitioner's Motion to Transfer is reversed, and this matter is remanded to the Chancery Court of Rankin County for proceedings consistent with the instant Order. The Chancery Court of Rankin County shall transfer this matter to the Circuit Court of Rankin County. To Grant: All Justices. Pierce, J., for the Court. Order entered.

Norman W. Pauli, Jr. and Kristy L. Pauli v. L. Grant Bennett, Sr., Guardian Ad Litem for and on Behalf of Caroline E. Neese, a Minor; Lamar Circuit Court; LC Case #: 2015-035; Ruling Date: 09/10/2015; Ruling Judge: Prentiss Harrell; Disposition: The Petition for Interlocutory Appeal and to Stay Proceedings filed by Norman W. Pauli, Jr., and Kristy L. Pauli is denied. To Deny: Dickinson, P.J., Lamar, Kitchens, Pierce and King, JJ. To Grant: Waller, C.J., Randolph, P.J., and Coleman, J. Order entered.

In Re: Adofo Minka; Hinds Circuit Court 1st District; LC Case #: 14-0-606CRW; Ruling Date: 11/19/2015; Ruling Judge: Jeff Weill, Sr.; Disposition: Adofo Minka's Motion for Emergency Extraordinary Relief to Stay Payment of Jury Costs by Attorney is denied. Costs of preparing the transcript are assessed to Adofo Minka. To Deny: All Justices. Order entered.