06/25/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Pierce, Randy Grant
X  2007-IA-01458-SCT

Investor Resource Services, Inc., A Florida Corporation; Barbara Archuletta Morelli, and the Estate of Bernece Rigirozzi v. Marvin Cato, Charles Cato, Laverne Cato and Rainbow Entertainment, Inc.; Washington Circuit Court; LC Case #: CI-2004-251; Ruling Date: 08/20/2007; Ruling Judge: W. Hines; Majority Opinion: Pierce, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens and Chandler, JJ., Concur. Dickinson, J., Concurs in Part and in Result.

Lisa Edmonds and Larry Edmonds v. Edward A. Williamson, Individually and Edward A. Williamson, P.A., Michael Miller, George W. Healy, IV and George W. Healy, IV and Associates; Kemper Circuit Court; LC Case #: 2002-CV-42; Ruling Date: 03/28/2007; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Graves, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Dickinson, J., not participating.

Guidant Mutual Insurance Company v. Indemnity Insurance Company of North America; Marshall Circuit Court; LC Case #: M98-196; Ruling Date: 08/14/2007; Ruling Judge: Henry Lackey; Consolidated with 2006-CA-01472-SCT Guidant Mutual Insurance Company v. Indemnity Insurance Company of North America and Titan Indemnity Company; Marshall Circuit Court; LC Case #: M98-196; Ruling Date: 07/30/2006; Ruling Judge: Henry Lackey; Majority Opinion: Carlson, P.J. Disposition: On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Reversed and Remanded. Appellant and appellee taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only.

In Re: Commission on Mandatory Continuing Legal Education; Disposition: On the Court's own motion, Regulation 4.14 of the Mississippi Rules and Regulations for Mandatory Continuing Legal Education is amended, effective July 1, 2009, as set forth in Exhibit A attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Order entered.

The Prudential Insurance Company of America and Pruco Life Insurance Company v. Patty Stewart, Sally Stewart Hester, Giles Stewart, Larry Stewart, Individually, as Co-Executors of the Estate of Edsel Stewart; and Larry Stewart and Giles Stewart as Co-Trustees of the Stewart Family Life Insurance Trust; Hinds Circuit Court 1st District; LC Case #: 251-02-1269-CIV; Ruling Date: 02/28/2006; Ruling Judge: Winston Kidd; Disposition: Third motion for rehearing on the merits filed by counsel for appellees is dismissed as not properly before this Court. Rule 40(a) of the Mississippi Rules of Appellate Procedure clearly states that "[a]fter a motion for rehearing has been denied, no further motion for rehearing shall be filed by any party." This Court finds that appellees' third motion for rehearing is prohibited by the rules and is frivolous. The Court further finds that this motion for rehearing filed by counsel for the appellees contains language showing disrespect for this Court. Pursuant to Rule 40(c) of the Mississippi Rules of Appellate Procedure, the Court finds that this motion for rehearing should be stricken. The motion for rehearing filed by counsel for appellees is hereby stricken. Graves, P.J., does not join the order because he is of the opinion that the motion for rehearing should not be stricken. Kitchens and Pierce, JJ., not participating. Order entered.

The Prudential Insurance Company of America and Pruco Life Insurance Company v. Patty Stewart, Sally Stewart Hester, Giles Stewart, Larry Stewart, Individually, as Co-Executors of the Estate of Edsel Stewart; and Larry Stewart and Giles Stewart as Co-Trustees of the Stewart Family Life Insurance Trust; Hinds Circuit Court 1st District; LC Case #: 251-02-1269-CIV; Ruling Date: 02/28/2006; Ruling Judge: Winston Kidd; Disposition: Third motion for rehearing on the merits filed by counsel for appellees is dismissed as not properly before this Court. Rule 40(a) of the Mississippi Rules of Appellate Procedure clearly states that "[a]fter a motion for rehearing has been denied, no further motion for rehearing shall be filed by any party." This Court finds that appellees' third motion for rehearing is prohibited by the rules and is frivolous. The Court further finds that this motion for rehearing filed by counsel for the appellees contains language showing disrespect for this Court. Pursuant to Rule 40(c) of the Mississippi Rules of Appellate Procedure, the Court finds that this motion for rehearing should be stricken. The motion for rehearing filed by counsel for appellees is hereby stricken. Graves, P.J., does not join the order because he is of the opinion that the motion for rehearing should not be stricken. Kitchens and Pierce, JJ., not participating. Order entered.

A.B. and B.B. v. Lauderdale County Department of Human Services; Lauderdale Youth Court; LC Case #: 03-329; Ruling Date: 07/13/2006; Ruling Judge: Franklin Coleman; Majority Opinion: Kitchens, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar and Pierce, JJ., Concur. Chandler, J., not participating.

Rachel Driskell Porter (Spivey) v. Timothy Wade Porter; Madison Chancery Court; LC Case #: 99-674; Ruling Date: 07/11/2006; Ruling Judge: William Lutz; Disposition: The Petition for Writ of Certiorari filed by counsel for Rachel Driskell Porter (Spivey) is granted. To Grant: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. To Deny: Graves, P.J. Not Participating: Chandler, J. Order entered.

Anthony Paul Williams v. Entergy Mississippi, Inc.; Washington Circuit Court; LC Case #: CI2005-83; Ruling Date: 11/17/2006; Ruling Judge: Richard Smith; Disposition: The Petition for Writ of Certiorari filed by counsel for Anthony Paul Williams is granted. To Grant: Waller, C.J., Dickinson, Randolph and Kitchens, JJ. To Deny: Carlson and Graves, P.JJ., Lamar and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Thomas Glen Garner v. State of Mississippi; Forrest Circuit Court; LC Case #: C106-0183; Ruling Date: 03/22/2007; Ruling Judge: Robert Helfrich; Disposition: The Petition for Writ of Certiorari filed by Thomas Glen Garner is granted. To Grant: Graves, P.J., Dickinson, Lamar and Kitchens, JJ. To Deny: Waller, C.J., Carlson, P.J., Randolph and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Timmy Prentice v. Schindler Elevator Company and Zurich American Insurance Company; Hinds Circuit Court 1st District; LC Case #: 251-06-406; Ruling Date: 01/16/2007; Ruling Judge: W. Yerger; Majority Opinion: Carlson, P.J. Disposition: The Judgment of the Court of Appeals is Affirmed. The Judgment of the Circuit Court for the First Judicial District of Hinds County is Reversed. This case is Remanded to the Mississippi Workers' Compensation Commission for further proceedings consistent with this opinion. Appellees taxed with costs of appeal. Votes: Dickinson, Randolph, Lamar and Pierce, JJ., Concur. Kitchens, J., Concurs in Result Only With Separate Written Opinion Joined by Waller, C.J.; Graves, P.J., Joins In Part. Chandler, J., not participating. Concur in Result Only Opinion: Kitchens, J. Votes: Waller, C.J., Joins This Opinion. Graves, P.J., Joins This Opinion in Part.

Roy Roderick Riley, Jr. a/k/a Roy Rogers Riley v. State of Mississippi; Forrest Circuit Court; LC Case #: 06-660-CR; Ruling Date: 01/18/2007; Ruling Judge: Robert Helfrich; Disposition: The Petition for Writ of Certiorari filed by the appellant was granted by order of this Court on February 12, 2009. The Court finds that the petition was improvidently granted and should be dismissed. The Petition for Writ of Certiorari filed by the appellant is dismissed as improvidently granted. Graves, P.J., does not join. Chandler, J., not participating. Randolph, J., for the Court. Order entered.

Roy White and Kevin White d/b/a R & K Timber v. Joe Jordan; Newton Circuit Court; LC Case #: 06-CV-240-NWG; Ruling Date: 06/29/2007; Ruling Judge: Marcus Gordon; Consolidated with 2007-CT-01212-SCT Roy White and Kevin White d/b/a R & K Timber v. George Lee Dukes; Newton Circuit Court; LC Case #: 06-CV-242-NWG; Ruling Date: 06/29/2007; Ruling Judge: Marcus Gordon; Disposition: The Petition for Writ of Certiorari filed by Roy White and Kevin White d/b/a R & K Timber is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Roy White and Kevin White d/b/a R & K Timber v. George Lee Dukes; Newton Circuit Court; LC Case #: 06-CV-242-NWG; Ruling Date: 06/29/2007; Ruling Judge: Marcus Gordon; Consolidated with 2007-CT-01209-SCT Roy White and Kevin White d/b/a R & K Timber v. Joe Jordan; Newton Circuit Court; LC Case #: 06-CV-240-NWG; Ruling Date: 06/29/2007; Ruling Judge: Marcus Gordon; Disposition: The Petition for Writ of Certiorari filed by Roy White and Kevin White d/b/a R & K Timber is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Issac Jermaine Nelson v. State of Mississippi; Scott Circuit Court; LC Case #: 07-CR-090-SC-G; Ruling Date: 01/24/2008; Ruling Judge: Marcus Gordon; Disposition: Motion for Rehearing filed by appellant is denied. Kitchens, J., would grant.

In Re: The Prudential Life Insurance Company of America, Pruco Life Insurance Company, Patty M. Mace Stewart, Sally Stewart Hester, Giles Stewart and Larry Stewart; Hinds Circuit Court 1st District; LC Case #: 251-02-1269-CIV; Ruling Judge: Bobby DeLaughter; Disposition: Third motion for rehearing on the merits filed by counsel for appellees is dismissed as not properly before this Court. Rule 40(a) of the Mississippi Rules of Appellate Procedure clearly states that "[a]fter a motion for rehearing has been denied, no further motion for rehearing shall be filed by any party." This Court finds that appellees' third motion for rehearing is prohibited by the rules and is frivolous. The Court further finds that this motion for rehearing filed by counsel for the appellees contains language showing disrespect for this Court. Pursuant to Rule 40(c) of the Mississippi Rules of Appellate Procedure, the Court finds that this motion for rehearing should be stricken. The motion for rehearing filed by counsel for appellees is hereby stricken. Graves, P.J., does not join the order because he is of the opinion that the motion for rehearing should not be stricken. Kitchens and Pierce, JJ., not participating. Order entered.

In Re: The Prudential Life Insurance Company of America, Pruco Life Insurance Company, Patty M. Mace Stewart, Sally Stewart Hester, Giles Stewart and Larry Stewart; Hinds Circuit Court 1st District; LC Case #: 251-02-1269-CIV; Ruling Judge: Bobby DeLaughter; Disposition: Third motion for rehearing on the merits filed by counsel for appellees is dismissed as not properly before this Court. Rule 40(a) of the Mississippi Rules of Appellate Procedure clearly states that "[a]fter a motion for rehearing has been denied, no further motion for rehearing shall be filed by any party." This Court finds that appellees' third motion for rehearing is prohibited by the rules and is frivolous. The Court further finds that this motion for rehearing filed by counsel for the appellees contains language showing disrespect for this Court. Pursuant to Rule 40(c) of the Mississippi Rules of Appellate Procedure, the Court finds that this motion for rehearing should be stricken. The motion for rehearing filed by counsel for appellees is hereby stricken. Graves, P.J., does not join the order because he is of the opinion that the motion for rehearing should not be stricken. Kitchens and Pierce, JJ., not participating. Order entered.