03/24/2015 - Hand Down and published opinions in WordPerfect/ZIP format

James, Ceola
X  2013-CA-00149-COA

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.; Majority Opinion: James, J. Disposition: The judgment of the Panola County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Helen Y. Robinson v. Trustmark National Bank and Gerald M. Warren; Jackson Chancery Court; LC Case #: 2012-2208-JB; Ruling Date: 06/17/2013; Ruling Judge: Jaye Bradley; Majority Opinion: James, J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee and Carlton, JJ., Concur. Roberts, Maxwell and Fair, JJ., Concur in Part and in the Result Without Separate Written Opinion. Irving, P.J., Concurs in Result Only Without Separate Written Opinion.

Derome M. Cavitt a/k/a Derome Cavitt v. State of Mississippi; Rankin Circuit Court; LC Case #: 25173; Ruling Date: 09/30/2013; Ruling Judge: William Chapman, III; Majority Opinion: James, J. Disposition: The judgment of the Circuit Court of Rankin County of conviction of burglary of a dwelling and sentence as a habitual offender of twenty-five years 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 Rankin County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur.

Ryan P. Catledge a/k/a Ryan Paul Catledge a/k/a Ryan Catledge v. State of Mississippi; Winston Circuit Court; LC Case #: 2012-029-CR; Ruling Date: 05/14/2013; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Fair, J. Disposition: The judgment of the Circuit Court of Winston County of conviction of statutory rape and sentence of twenty years, with twelve years to serve, eight years suspended for a period of five years, and five years of supervised probation, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell and James, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion.

Michael Sullivan v. Shinobu Tanaka Sullivan; Lafayette Chancery Court; LC Case #: 2012-004(W); Ruling Date: 11/20/2013; Ruling Judge: Robert Whitwell; Majority Opinion: Fair, J. Disposition: The judgment of the Lafayette County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell and James, JJ., Concur. Roberts, J., Not Participating.

Ryan Rhymer a/k/a Ryan P. Rhymer a/k/a Ryan Patrick Rhymer v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2012-0399-CRA; Ruling Date: 08/14/2013; Ruling Judge: Lee Coleman; Majority Opinion: Carlton, J. Disposition: The judgment of the Oktibbeha County Circuit Court of conviction of driving under the influence, first offense, and fine of $300; and conviction of careless driving and fine of $25, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

Brisceson Augusta Haskins a/k/a Briceson Augustus Haskins a/k/a Brisceson Haskins v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2012-267; Ruling Date: 09/26/2013; Ruling Judge: John Gargiulo; Majority Opinion: Carlton, J. Disposition: The judgment of the Harrison County Circuit Court of conviction of burglary and sentence as a habitual offender of seven years in the custody of the Mississippi Department of Corrections without eligibility for parole or probation, with the sentence to run consecutively to the sentence currently being served, is affirmed. All costs of this appeal are assessed to Harrison County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Roberts, Maxwell, Fair and James, JJ., Concur.

John Barry Bowen v. Patricia Lynn (Curico) Bowen; DeSoto Chancery Court; LC Case #: 04-1491; Ruling Date: 05/02/2013; Ruling Judge: Vicki Cobb; Majority Opinion: Roberts, J. Disposition: The judgment of the Chancery Court of Desoto County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Wendy Hall v. Green Tree Servicing, LLC, Successor by Merger to Walter Mortgage Company, LLC and W. Stewart Robison; Sunflower Chancery Court; LC Case #: CV2013-000078; Ruling Date: 05/28/2013; Ruling Judge: Jane Weathersby; Majority Opinion: Roberts, J. Disposition: The judgment of the Chancery Court of Sunflower County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Ishee, Carlton, Maxwell, Fair and James, JJ., Concur.

Cleveland School District v. Lester Fisher; Bolivar Chancery Court 2nd District; LC Case #: 2010-0285; Ruling Date: 08/19/2013; Ruling Judge: Watosa Sanders; Majority Opinion: Roberts, J. Disposition: The judgment of the Bolivar County Chancery Court is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Griffis, P.J., Barnes, Ishee, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Dissents Without Separate Written Opinion.

The Public Employees' Retirement System of Mississippi v. Vickie Comardelle; Hinds Circuit Court 1st District; LC Case #: 251-10-529CIV; Ruling Date: 08/09/2013; Ruling Judge: Winston Kidd; Majority Opinion: Ishee, J. Disposition: The judgment of the Hinds County Circuit Court is reversed and rendered. All cost of this appeal are assessed to the appellee. Votes: Griffis, P.J., Barnes, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Dissents With Separate Written Opinion, Joined by Lee, C.J., and Irving, P.J. Dissenting Opinion: Carlton, J. Votes: Lee, C.J., and Irving, P.J., Join This Opinion.

John T. Walker v. Mary M. Walker; Jefferson Davis Chancery Court; LC Case #: 12-0122; Ruling Date: 06/24/2013; Ruling Judge: David Shoemake; Majority Opinion: Ishee, J. Disposition: The judgment of the Jefferson Davis County Chancery Court is reversed, and this case is remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Maxwell, Fair and James, JJ., Concur. Carlton, J., Dissents Without Separate Written Opinion.

Richard Moise v. State of Mississippi; Lee Circuit Court; LC Case #: CR13-321; Ruling Date: 08/23/2013; Ruling Judge: James Roberts, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lee County of conviction of aggravated assault and sentence of twenty years, with sixteen years suspended and four years to serve, and with five years of post-release supervision, all in the custody of the Mississippi Department of Corrections, and to pay a $1,000 fine, $10,000 in restitution, and $100 to the Mississippi Crime Victims' Compensation Fund, is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee, C.J., Irving and Griffis, P.JJ., Roberts, Carlton, Maxwell, Fair and James, JJ., Concur. Barnes, J., Concurs in Part and in the Result Without Separate Written Opinion.

Charlie Bounds v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2013-144-CV12; Ruling Date: 01/07/2014; Ruling Judge: Billy Landrum; Majority Opinion: Ishee, J. Disposition: This appeal is dismissed for lack of jurisdiction. All costs of this appeal are assessed to Jones County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Barnes, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Kevin Thomas a/k/a "KK" v. State of Mississippi; Coahoma Circuit Court; LC Case #: 14-CI-12-0017; Ruling Date: 09/17/2012; Ruling Judge: Johnnie Walls, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Coahoma County Circuit Court dismissing the motion for post-conviction relief 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, Fair and James, JJ., Concur.

Dean C. Boyd a/k/a Dean Boyd v. State of Mississippi; Leake Circuit Court; LC Case #: 13-CV-109-LE-G; Ruling Date: 06/12/2013; Ruling Judge: Marcus Gordon; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Leake County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Leake County. Votes: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

Deirdre and Barry Swafford v. Fazal Manejwala, M.D. and Memphis OB-Gyn Associates; DeSoto Circuit Court; LC Case #: CV2012-007RCD; Ruling Date: 07/31/2013; Ruling Judge: Robert Chamberlin; Majority Opinion: Griffis, P.J. Disposition: The judgment of the Circuit Court of DeSoto County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Lee, C.J., Barnes, Ishee, Roberts, Carlton, Maxwell and Fair, JJ., Concur. Irving, P.J., Concurs in Part and in the Result Without Separate Written Opinion. James, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Jesus Adilio Rivera Castro a/k/a Jesus Adilio Rivera a/k/a Jesus Castro v. State of Mississippi; DeSoto Circuit Court; LC Case #: CV2013-314RCD; Ruling Date: 03/04/2014; Ruling Judge: Robert Chamberlin; Majority Opinion: Griffis, P.J. Disposition: The judgment of the DeSoto County Circuit Court dismissing the motion for post-conviction collateral relief is affirmed. All costs of this appeal are assessed to DeSoto County. Votes: Lee, C.J., Irving, P.J., Barnes, Ishee, Roberts, Carlton, Maxwell, Fair and James, JJ., Concur.

SKL Investments, Inc. v. Natalie T. Hardin and Leslie B. Torrence; Lafayette Chancery Court; LC Case #: 2010-470(R); Ruling Date: 05/29/2013; Ruling Judge: Glenn Alderson; Disposition: The motion for rehearing is denied. Griffis, P.J. not participating.