Supreme Court of MississippiHand Down List
September 13, 2018
09/13/2018 - Hand Down and published opinions in WordPerfect/ZIP format
Ishee, David Michael, J.
X 2017-IA-00209-SCT
Sadie Tillman by Her Next Friend, Joe Tillman, Jr. v. Ditech Financial, LLC f/k/a Green Tree Servicing LLC and Josh Robin; Lincoln Circuit Court; LC Case #: CI2016-0062-LT; Ruling Date: 02/06/2017; Ruling Judge: Michael Taylor; Consolidated with 2017-CA-00329-SCT Sadie Tillman, by her Next Friend, Joe Tillman, Jr. v. Ditech Financial, LLC f/k/a Green Tree Servicing LLC and Josh Robin; Lincoln Circuit Court; LC Case #: CI2016-0062-LT; Ruling Date: 02/06/2017; Ruling Judge: Michael Taylor; Majority Opinion: Ishee, J. Disposition: Appeals Dismissed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Chamberlin, JJ., Concur.
Chamberlin, Robert P., J.
2017-CA-01748-SCT
Top It Off Events, LLC and William O. Rives, II v. Mississippi Department of Revenue; Hinds Chancery Court 1st District; LC Case #: 25CH1:17-cv-000834; Ruling Date: 11/16/2017; Ruling Judge: William Singletary; Majority Opinion: Chamberlin, J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Coleman, Maxwell, Beam and Ishee, JJ., Concur.
Maxwell, James D., J.
XXX 2017-KA-00221-SCT
Adrian Montgomery a/k/a Adrian Danielle Montgomery v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 13-1-129; Ruling Date: 12/19/2016; Ruling Judge: Winston Kidd; Majority Opinion: Maxwell, J. Disposition: Affirmed. Hinds County taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Beam, Chamberlin and Ishee, JJ., Concur. Kitchens, P.J., Dissents with Separate Written Opinion Joined by King and Coleman, JJ. King, J., Dissents with Separate Written Opinion Joined by Kitchens, P.J., and Coleman, J. Dissenting Opinion: Kitchens, P.J. Votes: King and Coleman, JJ., Join This Opinion. Dissenting Opinion: King, J. Votes: Kitchens, P.J., and Coleman, J., Join This Opinion.
Coleman, Josiah Dennis, J.
X 2017-CA-00447-SCT
Julia Cavalier, Individually and as a Heir at Law of Lautain M. Scruggs, Deceased, Jannette Scruggs McDonald, Individually and as a Heir at Law of Lautain M. Scruggs, Deceased, and the Estate of Wilma Lautain Scruggs, Deceased v. Memorial Hospital at Gulfport; Harrison Circuit Court 1st District; LC Case #: 24CI1:14-CV-00287; Ruling Date: 01/03/2017; Ruling Judge: Christopher Schmidt; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellants are taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam, Chamberlin and Ishee, JJ., Concur.
EN BANC
2015-CT-00243-SCT
Robert Hammons, Jr. v. C. Wade Navarre, II, Individually and d/b/a Navarre Fabrication, Inc., Navarre Fabrication, Inc., Velcon Filters, LLC, Knappco Corporation and Wilden Pump and Engineering, LLC; Leflore Circuit Court; LC Case #: 2011-0135CICI; Ruling Date: 12/31/2014; Ruling Judge: Margaret Carey-McCray; Disposition: The Motion for Rehearing filed by the Appellant is denied. Kitchens, P.J., and King, J., would grant.
EN BANC
2016-CT-00503-SCT
Malcolm Horton a/k/a Malcolm Devonte Horton a/k/a Malcolm Devonte Horton, Jr. v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 12-0-527CRW; Ruling Date: 01/04/2016; Ruling Judge: Jeff Weill, Sr.; Disposition: The Petition for Writ of Certiorari filed by counsel for Malcolm Horton is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J., and King, J. Order entered.
EN BANC
XX 2016-IA-01024-SCT
Brittany Spann, LPN, Mary McGowan, LPN, Patricia Rhodes, LPN, and Barbara Scott, LPN v. Patsy Wood, Individually, as Administratrix of The Estate of Patricia Bridgeman Peoples, Deceased, Natural Daughter and Wrongful Death Beneficiary of Patricia Bridgeman Peoples; Sandra Kay Madison, Natural Daughter and Wrongful Death Beneficiary of Patricia Bridgeman Peoples and Samuel Peoples, Natural Son and Wrongful Death Beneficiary of Patricia Bridgeman Peoples; Hinds Circuit Court 1st District; LC Case #: 251-13-807CIV; Ruling Date: 06/29/2016; Ruling Judge: Winston Kidd; Majority Opinion: Coleman, J. Disposition: Reversed and Remanded. Appellees are taxed with costs of appeal. Votes: Waller, C.J., Randolph, P.J., Maxwell, Beam, Chamberlin and Ishee, JJ., Concur. Kitchens, P.J., Dissents with Separate Written Opinion Joined by King, J. Dissenting Opinion: Kitchens, P.J. Votes: King, J., Joins This Opinion.
EN BANC
2016-CT-01404-SCT
Adam Chism v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 16-147 JAW; Ruling Date: 09/06/2016; Ruling Judge: Jeff Weill, Sr.; Disposition: The Petition for Writ of Certiorari filed pro se by Adam Chism is denied. To Deny: Waller, C.J., Randolph, P.J., Coleman, Maxwell, Beam, Chamberlin and Ishee, JJ. To Grant: Kitchens, P.J., and King, J. Order entered.
EN BANC
2016-CT-01527-SCT
Rodise Jenkins a/k/a Rodise Jenkins, III v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2015-132; Ruling Date: 09/28/2016; Ruling Judge: Christopher Schmidt; Disposition: Rodise Jenkins's Petition for Writ of Certiorari is denied. All Justices Agree. Order entered.
EN BANC
XX 2017-CA-00750-SCT
Representative Bryant W. Clark and Senator John Horhn v. Governor Phil Bryant, State Fiscal Officer Laura Jackson, Mississippi Department of Education and State Treasurer Lynn Fitch; Hinds Chancery Court 1st District; LC Case #: 25CH1:17-cv-000722; Ruling Date: 06/02/2017; Ruling Judge: Patricia Wise; Majority Opinion: Chamberlin, J. Disposition: Affirmed. Appellants are taxed with costs of appeal. Votes: Waller, C.J., Randolph and Kitchens, P.JJ., King, Maxwell, Beam and Ishee, JJ., Concur. Coleman, J., Concurs in Part and in Result with Separate Written Opinion Joined In Part by Ishee, J. Concurring in Part and in Result Opinion: Coleman, J. Votes: Ishee, J., Joins This Opinion in Part.
EN BANC
XX 2017-CA-01249-SCT
Belmont Holding, LLC v. Davis Monuments, LLC and Jason Davis, Individually; Jackson Circuit Court; LC Case #: 2016-00,094 (3); Ruling Date: 06/26/2017; Ruling Judge: Dale Harkey; Majority Opinion: Coleman, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Randolph, P.J., Beam, Chamberlin and Ishee, JJ., Concur. Maxwell, J., Concurs in Part and in Result without Separate Written Opinion. Waller, C.J., Dissents with Separate Written Opinion Joined by Kitchens, P.J., and King, J. Dissenting Opinion: Waller, C.J. Votes: Kitchens, P.J., and King, J., Join This Opinion.