06/06/2019 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael, J.
X  2018-CA-00531-SCT

In The Matter of The Last Will and Testament of Mary Saunders Waller: Brenda Gordon and Craig Gordon v. Sherry Wall, Administratrix C.T.A. of the Estate of Mary Saunders; Lafayette Chancery Court; LC Case #: CV2017-231(A); Ruling Date: 11/08/2017; Ruling Judge: Glenn Alderson; Majority Opinion: Ishee, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Griffis, JJ., Concur.

Cindy Henderson and John Henderson v. Copper Ridge Homes, LLC, Richard Coney, Individually and First Bank, a Mississippi Banking Corporation; Pike Circuit Court; LC Case #: 15-076-PCT-PCS; Ruling Date: 06/28/2017; Ruling Judge: Michael Taylor; Majority Opinion: Beam, J. Disposition: The Motion for Rehearing filed by First Bank is denied. The previous opinions are withdrawn, and these opinions are substituted therefor. Affirmed in Part; Reversed and Remanded in Part. Appellants and Appellees are taxed with costs of appeal. Votes: Randolph, C.J., King, P.J., Coleman, Maxwell, Chamberlin and Ishee, JJ., Concur. Kitchens, P.J., Concurs with Separate Written Opinion Joined by King, P.J., and Beam, J. Griffis, J., not participating. Concurring Opinion: Kitchens, P.J. Votes: King, P.J., and Beam, J., Join This Opinion.

Nissan North America, Inc. v. Ann C. Tillman and Great River Nissan, LLC d/b/a Great River Nissan; Adams Chancery Court; LC Case #: 2017-0382; Ruling Date: 03/19/2018; Ruling Judge: E. Davis; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, C.J., Kitchens and King, P.JJ., Beam, Chamberlin and Ishee, JJ., Concur. Griffis, J., Dissents with Separate Written Opinion Joined by Maxwell, J. Dissenting Opinion: Griffis, J. Votes: Maxwell, J., Joins This Opinion.

Cindy Henderson and John Henderson v. Copper Ridge Homes, LLC, Richard Coney, Individually and First Bank, a Mississippi Banking Corporation; Pike Circuit Court; LC Case #: 15-076-PCT-PCS; Ruling Date: 06/28/2017; Ruling Judge: Michael Taylor; Disposition: The Motion for Rehearing filed by First Bank is denied. The previous opinions are withdrawn, and these opinions are substituted therefor. Affirmed in Part; Reversed and Remanded in Part. See opinions of this Court handed down this date. Griffis, J., not participating.

Farra L. (Cassidy) Sheridan v. James P. Cassidy, Jr.; Lafayette Chancery Court; LC Case #: 2014-431; Ruling Date: 06/01/2017; Ruling Judge: Glenn Alderson; Disposition: The Petition for Writ of Certiorari filed by counsel for Farra L. Sheridan is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Beam, Maxwell, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.

Jeffrey Peyton Horn a/k/a Jeffery Horn a/k/a Jeffery P. Horn a/k/a Jep Horn v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: HK2015-048; Ruling Date: 05/22/2017; Ruling Judge: John Luther; Disposition: Jeffrey Horn's Petition for Writ of Certiorari is denied. To Deny: Randolph, C.J., Kitchens and King, P.JJ., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. Not Participating: Griffis, J. Order entered.

Anthony Carr v. State of Mississippi; Quitman Circuit Court; LC Case #: 5115; Ruling Date: 09/25/2017; Ruling Judge: Charles Webster; Majority Opinion: Chamberlin, J. Disposition: Affirmed. Quitman County taxed with costs of appeal. Votes: Randolph, C.J., Coleman, Maxwell, Beam and Griffis, JJ., Concur. King, P.J., Dissents with Separate Written Opinion Joined by Kitchens, P.J., and Ishee, J. Dissenting Opinion: King, P.J. Votes: Kitchens, P.J., and Ishee, J., Join This Opinion.

Gulf Coast Hospice LLC, a Mississippi Limited Liability Company, Jyoti Desai, Krupa Desai and Iqbal Savani v. LHC Group Inc., a Delaware Corporation, Mississippi Health Care Group, LLC, a Mississippi Limited Liability Company and LHCG XXVI, LLC, a Mississippi Limited Liability Company; Harrison Circuit Court 1st District; LC Case #: 24CI1:11-cv-00195; Ruling Date: 11/06/2017; Ruling Judge: Christopher Schmidt; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Randolph, C.J., Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. King, P.J., Dissents with Separate Written Opinion Joined by Kitchens, P.J. Griffis, J., not participating. Dissenting Opinion: King, P.J. Votes: Kitchens, P.J., Joins This Opinion.

Allan David Cooper v. State of Mississippi; DeSoto Circuit Court; LC Case #: 17CI1:17-cv-00011-GC; Ruling Date: 12/05/2017; Ruling Judge: Gerald Chatham, Sr.; Disposition: The Petition for Writ of Certiorari filed by Allan David Cooper is denied. To Deny: Kitchens and King, P.JJ., Coleman, Maxwell, Beam and Ishee, JJ. Not Participating: Randolph, C.J., Chamberlin and Griffis, JJ. Order entered.

Chris Jones a/k/a Chriss Jones v. State of Mississippi; Tunica Circuit Court; LC Case #: 2001-0087; Ruling Judge: Linda Coleman; Disposition: Chris Jones's Motion for Leave to Conduct Post-Conviction DNA Testing is granted. All Justices Agree. Order entered.

The Mississippi Bar v. June A. (Placer) Oswald; Disposition: The Mississippi Bar's motion to accept the irrevocable resignation of June A. (Placer) Oswald is granted. The Court hereby accepts June A. (Placer) Oswald's resignation with prejudice from the Mississippi Bar, and such resignation shall be considered tantamount to proof of guilt on the matter charged. The Court hereby revokes June A. (Placer) Oswald's license to practice law in the State of Mississippi. The instant order shall constitute notice of permanent disbarment. The Court hereby bars June A. (Placer) Oswald from seeking reinstatement to the privilege of practicing law in the State of Mississippi in the future. The costs of the instant proceeding are assessed to June A. (Placer) Oswald. Order of Disbarment entered.

The Mississippi Bar v. June A. (Placer) Oswald; Majority Opinion: Coleman, J. Disposition: The Court hereby accepts June A. (Placer) Oswald's resignation with prejudice from the Mississippi Bar, and such resignation shall be considered tantamount to proof of guilt on the matter charged. The Court hereby revokes June A. (Placer) Oswald's license to practice law in the State of Mississippi. The instant order shall constitute notice of permanent disbarment. The Court hereby bars June A. (Placer) Oswald from seeking reinstatement to the privilege of practicing law in the State of Mississippi in the future. The costs of the instant proceeding are assessed to June A. (Placer) Oswald. June A. (Placer) Oswald is taxed with costs. Votes: Randolph, C.J., Kitchens and King, P.JJ., Maxwell, Beam, Chamberlin, Ishee and Griffis, JJ., Concur.