05/17/2018 - Hand Down and published opinions in WordPerfect/ZIP format

Chamberlin, Robert P., J.
X  2017-CA-00013-SCT

Mississippi Sand Solutions, LLC v. Bessie Otis, Sherry Fisher, Connie Fisher Walker, Dennis Roy Holmes, Robbie Jean Holmes Ware, Maggie Fisher, Greg Cooper, Shirley Fisher Gray, Horace Darryl Fisher, Derrick Fisher, Ray W. Fisher, Sr., Larry Fisher, Michael C. Fisher, Sr., Cornelius Fisher, Sr., Diane Fisher Williams, Sharon Fisher Hill, Sheila Fisher Keys, Bridgett Winters, Ledoria Fisher Baldwin, Johnny L. Wright, James Fisher, Jr., Jimmy L. Wright, Membsey Fisher, Deceased, and Maggie Fisher, Deceased; Warren Chancery Court; LC Case #: 2014-201GN; Ruling Date: 08/01/2016; Ruling Judge: Jane Weathersby; Majority Opinion: Chamberlin, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Ishee, JJ., Concur.

Timothy Gene Pryer v. Thomas Gardner, III; Itawamba Chancery Court; LC Case #: 2013-0203-29-TKM; Ruling Date: 03/30/2017; Ruling Judge: T. Moffett; Majority Opinion: Kitchens, P.J. Disposition: Affirmed. Itawamba County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.

SW 98/99, LLC v. Pike County, Mississippi, Lexie Elmore, Tazwell Bowsky, Aubrey L. Matthews, Venton Adams, Carroll L. Fortenberry, Joe B. Young, Tax Assessor, Chuck E. Lambert and Gary Honea; Pike Chancery Court; LC Case #: 2007-277; Ruling Date: 12/08/2015; Ruling Judge: Debbra Halford; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Appellees are taxed with costs of appeal. Votes: Kitchens, P.J., King, Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Randolph, P.J., Specially Concurs with Separate Written Opinion Joined in Part by Coleman and Maxwell, JJ. Specially Concurring Opinion: Randolph, P.J. Votes: Coleman and Maxwell, JJ., Join This Opinion in Part.

In Re: Mississippi Rules of Appellate Procedure; Disposition: Before the en banc Court on the Court's own motion, Mississippi Rule of Appellate Procedure 46(b)(5) is amended as set forth in Exhibit A. This amendment is effective immediately. The Clerk of this Court shall spread this Order upon the minutes of the Court and shall forward a true copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Third Series, (Mississippi Edition). All Justices Agree to Amend. Order entered.

In Re: The Mississippi Access to Justice Commission; Disposition: En banc order that, effective immediately, the Mississippi Bar shall retain one third of the pro hac vice fees received by it under Rule 46(b)(5) of the Mississippi Rules of Appellate Procedure and expend them exclusively to fund the operation of the Mississippi Access to Justice Commission and shall remit the other two thirds of the pro hac vice fees monthly to the Administrative Office of the Courts for deposit in the Civil Legal Assistance Fund established by Mississippi Code Section 9-21-43 (Rev. 2014). Order Entered 5/11/18.

Joey Montrell Chandler a/k/a Joey M. Chandler a/k/a Joey Chandler v. State of Mississippi; Clay Circuit Court; LC Case #: 8491; Ruling Date: 10/09/2015; Ruling Judge: James Kitchens, Jr.; Disposition: The Motion for Rehearing filed by the Appellant is denied. Waller, C.J., Kitchens, P.J., King and Ishee, JJ., would grant.

Marcus Shelby a/k/a Shelby Marcus Demond a/k/a Shelby M. Demond v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 12-1-009; Ruling Date: 05/26/2015; Ruling Judge: Jeff Weill, Sr.; Disposition: The Petition for Writ of Certiorari filed by Marcus Shelby is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

L.H. Manning, Virginia Warren, John Henry Manning, Geannie Jones, Nikiesha Funchess, and Eva Manning v. Robert Perry and Paige Perry; Pike Chancery Court; LC Case #: 2015-0045; Ruling Date: 09/10/2015; Ruling Judge: J. Buffington; Disposition: Appellants' Petition for Writ of Certiorari is denied. All Justices Agree. Order entered.

Timothy Price v. MTD Products and Safety National Casualty Corporation; LC Case #: 1301007-M-3505; Ruling Date: 06/13/2016; Disposition: The Petition for Writ of Certiorari filed by Timothy Price is denied. To Deny: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ. Not Participating: Ishee, J. Order entered.

Singing River Health System, Jennifer Thomas-Taylor, M.D., Alva Britt, R.N., Benjamin W. Hudson M.D., and Emergency Room Group, Ltd. v. Teresa Vermilyea and Julie Vermilyea Kasby as the Wrongful Death Beneficiaries of Randy Vermilyea and Julie Vermilyea Kasby, Individually; Jackson Circuit Court; LC Case #: 2015-00,174(I); Ruling Date: 07/11/2016; Ruling Judge: Robert Krebs; Disposition: The Motion for Rehearing filed by the Appellants is denied. Coleman and Maxwell, JJ., would grant. Randolph, P.J., not participating.

Jonathan Earl Herrington a/k/a Jonathan Herrington v. State of Mississippi; Neshoba Circuit Court; LC Case #: 15-CR-099-NS-C; Ruling Date: 08/08/2016; Ruling Judge: Vernon Cotten; Disposition: The Petition for Writ of Certiorari filed by counsel for Jonathan Earl Herrington is denied. To Deny: All Justices. Order entered.

Casey Sheldon Woods a/k/a Casey Woods v. State of Mississippi; Adams Circuit Court; LC Case #: 15-KR- 0091-S; Ruling Date: 09/28/2016; Ruling Judge: Lillie Sanders; Disposition: The Motion for Rehearing filed by the Appellee is denied. Randolph, P.J., Maxwell and Chamberlin, JJ., would grant.

Timothy Gene Pryer v. Thomas Gardner, III; Itawamba Chancery Court; LC Case #: 2013-0203-29-TKM; Ruling Date: 03/30/2017; Ruling Judge: T. Moffett; Disposition: Appellee's Motion to Strike Portions of Appellant's Reply Brief and Exhibits not in the record is granted. See opinion of this Court handed down this date.