03/10/2015 - Hand Down and published opinions in WordPerfect/ZIP format

Maxwell, James D.
X  2013-CA-02049-COA

Chester King Burnham v. Joseph A. Kwentus and Karen Richardson; Hinds Chancery Court 2nd District; LC Case #: 2010-95 O/3; Ruling Date: 12/11/2013; Ruling Judge: Denise Owens; Majority Opinion: Maxwell, J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. All costs of this appeal are to be divided equally between the appellant / cross-appellee and the appellees / cross-appellants. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur.

Douglas M. Magee v. City of Mendenhall, Mississippi; Simpson Circuit Court; LC Case #: 2013-95K; Ruling Date: 09/20/2013; Ruling Judge: Eddie Bowen; Majority Opinion: Carlton, J. Disposition: The judgment of the Simpson County Circuit Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

David H. Vincent v. Joan Hankins Rickman; DeSoto Chancery Court; LC Case #: 95-12-1376; Ruling Date: 09/25/2013; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Maxwell and Fair, JJ., Concur. Irving, P.J., and James, J., Concur in Part and Dissent in Part Without Separate Written Opinion.

Johnny Lewis Washington a/k/a Johnny L. Washington v. State of Mississippi; Lowndes Circuit Court; LC Case #: 18,300-CV1K; Ruling Date: 12/06/2013; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Carlton, J. Disposition: The judgment of the Circuit Court of Lowndes County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lowndes County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Marty C. Ford v. Mississippi Department of Human Services; Chickasaw Chancery Court 1st District; LC Case #: 2011-1279; Ruling Date: 08/27/2013; Ruling Judge: Kenneth Burns; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Chickasaw County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Check Into Cash of Mississippi Inc. v. City of Jackson, Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-11-882-CIV; Ruling Date: 08/05/2013; Ruling Judge: Tomie Green; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Steve Muirhead v. Lula Cogan; Warren Chancery Court; LC Case #: 08-101GN; Ruling Date: 05/08/2013; Ruling Judge: Marie Wilson; Majority Opinion: Irving, P.J. Disposition: The judgment of the Warren County Chancery Court is affirmed in part and reversed and remanded in part for further proceedings consistent with this opinion. All costs of this appeal are assessed one-half to the appellant and one-half to the appellee. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Not Participating.

Cindy Petty v. Baptist Memorial Health Care Corporation, Baptist Memorial Hospital-Golden Triangle, Inc., Mary Ellen Sumrall, Individually, Vanessa Lafayette, Individually, Alicia Grant, Individually, Paul Cade, Individually, and Alexandria Banker, Individually; Lowndes Circuit Court; LC Case #: 2010-0085-CV1 H; Ruling Date: 12/05/2013; Ruling Judge: Lee Howard; Majority Opinion: Irving, P.J. Disposition: The judgment of the Lowndes County Circuit Court is affirmed in part and reversed and remanded in part. All costs of this appeal are assessed one-half to the appellant and one-half to the appellees. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

Eddie Charles Williams a/k/a Eddie C. Williams a/k/a Eddie Williams v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 13-CV-025(W); Ruling Date: 01/22/2014; Ruling Judge: Lester Williamson, Jr.; Majority Opinion: Irving, P.J. Disposition: The judgment of the Circuit Court of Lauderdale County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lauderdale County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur. Roberts, J., Not Participating.

James Anthony Swilley a/k/a James Swilley v. State of Mississippi; Copiah Circuit Court; LC Case #: 2013-0143CR; Ruling Date: 11/25/2013; Ruling Judge: Lamar Pickard; Majority Opinion: Lee, C.J. Disposition: The judgment of the Copiah County Circuit Court of conviction of Count I, burglary of a dwelling, and sentence of seven years as a habitual offender; and Count II, grand larceny, and sentence of ten years as a habitual offender, with the sentences to run consecutively in the custody of the Mississippi Department of Corrections without the possibility of probation or parole, is affirmed. All costs of this appeal are assessed to Copiah County. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. James, J., Concurs in Part Without Separate Written Opinion.

James Kimbrough v. Fowler's Pressure Washing, LLC and AmFed Casualty Insurance Company c/o AmFed Companies, LLC; LC Case #: 10-10506-K-9684; Ruling Date: 02/27/2014; Consolidated with 2012-WC-01451-COA James Kimbrough v. Fowler's Pressure Washing, LLC and Amfed National Insurance Company; Mississippi Workers' Compensation Commission; LC Case #: 10-10506-K-9684; Ruling Date: 08/15/2012; ; Majority Opinion: Lee, C.J. Disposition: The judgment of the Mississippi Workers' Compensation Commission is affirmed. All costs of this appeal are assessed to the appellant. Votes: Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Darrell Tillis v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 10-0-602; Ruling Date: 12/01/2011; Ruling Judge: Tomie Green; Disposition: Jane E. Tucker shall cause to be filed with the Office of the Clerk of Appellate Courts a record certified by both the Hinds County Circuit Clerk and court reporter to replace an adulterated record in this case within forty-five (45) days of entry of this order. It is further ordered that, at this time, Ms. Tucker is not prohibited from checking out records of cases pending in the Court of Appeals of Mississippi from the physical premises of the Office of the Clerk of Appellate Courts. Griffis, P.J., does not join. Order entered.

Katerina Galanis and Christina Galanis v. CMA Management Company Formerly d/b/a Ambling Management Company, Ambling Management Company, LLC, Formerly d/b/a AMC Acquisitions, LLC, Ambling Management Companies, Inc. and Alta MSU, LLC; Oktibbeha Circuit Court; LC Case #: 2009-0132-CV; Ruling Date: 09/28/2012; Ruling Judge: Lee Howard; Disposition: The motion for rehearing is denied. Griffis, P.J., Maxwell and James, JJ., would grant. Barnes, J., not participating.

Norman L. Neyland, as Administrator of the Estate of Mary Cory Gallagher, Deceased v. Timberland Management Services, Inc. and Michael J. Daughdrill; Wilkinson Circuit Court; LC Case #: 2010-0056; Ruling Date: 04/22/2013; Ruling Judge: Lillie Sanders; Disposition: The motion for rehearing is denied. Irving, P.J., would grant.

Kenneth Blake Watkins a/k/a Kenneth B. Watkins v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2012-177RCD; Ruling Date: 05/16/2013; Ruling Judge: Robert Chamberlin; Disposition: The motion for rehearing is denied.

Christopher McNulty a/k/a "Big Hurt" a/k/a Christopher L. McNulty v. State of Mississippi; Lincoln Circuit Court; LC Case #: 09-20-LS; Ruling Date: 06/11/2012; Ruling Judge: David Strong, Jr.; Disposition: The motion for rehearing is denied. James, J., would grant.

In the Matter of the Estate of Louis S. Pannagl, Jr., Deceased: Louis Curt Pannagl and Sammi Paula Pannagl Spence v. David Lambert and Mark Holmes; Pike Chancery Court; LC Case #: 2011-0475; Ruling Date: 06/24/2013; Ruling Judge: Debbra Halford; Disposition: The motion for rehearing is denied. James, J., not participating.

Earl Lee Wright a/k/a Earl L. Wright a/k/a Earl Wright v. Ronald King; Greene Circuit Court; LC Case #: 2013-053(1); Ruling Date: 07/11/2013; Ruling Judge: Robert Krebs; Disposition: The motion for rehearing is denied.

Brian Williams a/k/a Bryan Williams v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2013-0207; Ruling Date: 08/22/2013; Ruling Judge: Margaret Carey-McCray; Disposition: The motion for rehearing is denied.

Curtis Leslie v. State of Mississippi; Bolivar Circuit Court 1st District; LC Case #: 2011-008-CR1; Ruling Date: 10/08/2013; Ruling Judge: Charles Webster; Majority Opinion: Maxwell, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of armed robbery and sentence of fifteen years in the custody of the Mississippi Department of Corrections, followed by five years' post-release supervision, with the sentence to run consecutively to any and all previously imposed sentences, and to pay a $350 fine and $394 in restitution is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Fair and James, JJ., Concur. Irving, P.J., Dissents Without Separate Written Opinion.

Timothy B. Sharp a/k/a Timothy B. Sharpe a/k/a Timothy Sharp a/k/a Timothy R. Sharp v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV05-104(G)I; Ruling Date: 05/23/2013; Ruling Judge: Thomas Gardner, III; Disposition: On the court's own motion, the mandate is hereby recalled. Sharp's motion for rehearing shall be accepted as timely filed. Order entered.

Isaiah S. Sanders a/k/a Isaiah Sanders a/k/a Isaiah Sumner Sanders a/k/a Isaiah Summers Sanders v. State of Mississippi; Madison Circuit Court; LC Case #: 2005-0524; Ruling Date: 07/31/2006; Ruling Judge: William Chapman, III; Disposition: On the Court's own motion, Sanders's appeal is dismissed as untimely. All costs of this appeal are assessed to Madison County. Order entered.

Merry A. Byars v. Ralph W. Byars; Lowndes Chancery Court; LC Case #: 2012-0763-C; Ruling Date: 02/12/2014; Ruling Judge: Dorothy Colom; Disposition: Pursuant to Mississippi Rule of Appellate Procedure 42(b), Appellant's motion to dismiss is granted. Each party shall bear its own costs. Order entered.

Vernell Gates, Sr. v. Viking Range Corp. and American Casualty Company of Reading, Pennsylvania; LC Case #: 0803301-K- 8171; Ruling Date: 11/07/2014; Disposition: The appellees' motion to dismiss the appeal is granted. This appeal is hereby dismissed for lack of jurisdiction. All costs of this appeal are assessed to the appellant. Order entered.