Decisions of the Court of Appeal – September 14, 2021

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Below are the Mississippi Court of Appeals rulings of September 14, 2021:

Lawrence, Anthony N., J.

X 2020-CA-00377-COA

Daphane Fonville, as parent and natural guardian of Derek Fonville, a minor c. Louay Zeid, MD and Usha J. Mehta, MD, PA, a Mississippi company; DeSoto Circuit Court; LC Case No: 17CI1: 16-cv-00195-CW; Decision date: 19/12/2019; Judge in power: Celeste Wilson; Majority opinion: Lawrence, J. Disposition: confirmed. Appellant taxed with appeal costs. Votes: Barnes, CJ, Carlton and Wilson, P.JJ., Greenlee, Westbrooks, McDonald, McCarty, Smith and Emfinger, JJ., Concur.


Wilson, Jack L., PJ

X 2020-CA-00324-COA

Mary Virginia Hammond v. Perry Joseph Hammond; Court of the Chancellery Marion; LC Case No: 46CH1: 16-cv-00220-S; Decision date: 05/03/2020; Judge in power: Susan Sheldon; Majority opinion: Wilson, PJ Disposition: reversed and referred. Respondent taxed with appeal costs. Votes: Barnes, CJ, Carlton, PJ, Greenlee, Westbrooks, McDonald, Lawrence, McCarty, Smith and Emfinger, JJ., Concur.


Barnes, Donna M., Chief Justice

X 2020-CP-01250-COA

Eddie Parks, Jr. aka Eddie Will Parks, Jr. aka Soon v. Mississippi State; Oktibbeha Circuit Court; LC Case No: 2020-0388-CVC; Decision date: 16/10/2020; Judge in power: Lee Coleman; Majority Opinion: Barnes, CJ Disposition: Affirmed. Oktibbeha County taxed with call charges. Votes: Carlton and Wilson, P.JJ., Greenlee, Westbrooks, McDonald, Lawrence, McCarty, Smith and Emfinger, JJ., Concur.


FR BANC

2018-KA-00381-COA

Jeremy Dean Martin aka Jeremy D. Martin aka Baby Caine c. Mississippi State; Jackson Circuit Court; LC file number: 2000-10-061 (3); Decision date: 02/14/2018; Judge in office: Dale Harkey; Decision: The request for a rehearing is dismissed. McDonald, J., would grant. Lawrence, Smith and Emfinger, JJ., Do not participate.


FR BANC

2018-CA-01703-COA

The Cincinnati Insurance Company v. James Leroy Wilson and Lisa Wilson; Hinds Circuit Court 1st District; LC Case No: 25CI1: 10-cv-00817-WLK; Decision date: 11/21/2017; Judge in power: Winston Kidd; Decision: The request for a rehearing is dismissed.


FR BANC

2019-CA-01158-COA

St. Dominic Ambulatory Surgical Center, LLC v. Cailton Shaffer, II, individually and on behalf of the estate of Shelia Shaffer, Deceased Beneficiaries and in the event of the wrongful death of Shelia Shaffer, deceased c. Lori Marshall, MD; Hinds Circuit Court 1st District; LC Case No: 25CI1: 18-cv-00365-TTG; Decision date: 07/11/2019; Judge in power: Tomie Green; Decision: The request for a rehearing is dismissed. Carlton, PJ, does not participate.


FR BANC

2019-KA-01527-COA

Robert Decatur aka Robert James Decatur c. Mississippi State; Hinds Circuit Court 1st District; LC Case No: 25CI1: 15-cr-00735; Decision date: 08/09/2018; Judge in power: Tomie Green; Decision: The request for a rehearing is dismissed.


FR BANC

2019-CA-01821-COA

In the case of the last wills and testament of Luke Beard, deceased: Antonio Christmas v. Diane christmas; Lincoln Chancellery Court; LC Case No: 43CH1: 18-cv-00484; Decision date: 11/12/2019; Judge in office: Nathan Adams, Jr.; Decision: The request for a rehearing is dismissed. Wilson, PJ, Lawrence, Smith and Emfinger, JJ., Would grant. Carlton, PJ, does not participate.


FR BANC

2019-CP-01863-COA

Veto F. Roley v. Chinelo J. Roley; Jackson Chancellery Court; LC Case No: 30CH1: 17-cv-00641-MAM; Decision date: 07/02/2019; Judge in power: Mark Maples; Decision: Veto F. Roley’s request to modify his request for a rehearing filed on May 26, 2021 is dismissed. Lawrence, J., not participating. Order entered on 10/09/2021.


FR BANC

2019-CP-01863-COA

Veto F. Roley v. Chinelo J. Roley; Jackson Chancellery Court; LC Case No: 30CH1: 17-cv-00641-MAM; Decision date: 07/02/2019; Judge in power: Mark Maples; Decision: The request for a rehearing is dismissed. Lawrence, J., not participating.


FR BANC

2020-CA-00341-COA

Chase Dear v. Cares Center Inc.; Lamar Circuit Court; LC Case No: 37Cl1: 18-cv-00126-PH; Decision date: 03/04/2020; Judge in power: Prentiss Harrell; Decision: The request for a rehearing is dismissed.


FR BANC

2020-CA-00582-COA

Andrea Williams v. Melissa Carriere; Harrison Circuit Court 1st District; LC Case No: 24CI1: 15-cv-00228; Decision date: 05/26/2020; Chief Justice: Lawrence Bourgeois, Jr .; Held: Andrea Williams’ untimely request for a new hearing is dismissed. Lawrence, J., disagrees without a separate written statement. Order entered on 10/09/2021.


FR BANC

XXX 2020-CA-00601-COA

Julio Gordon v. Christy dickerson; Lee’s Circuit Court; LC case n °: CV19-103 (PF) L; Decision date: 04/23/2020; Judge in power: Paul Funderburk; Majority opinion: McCarty, J. Disposition: confirmed. Appellant taxed with appeal costs. Votes: Westbrooks, McDonald, Lawrence and Smith, JJ., Concur. Barnes, CJ, Dissenting with separate written opinion, joined by Carlton, PJ, and Greenlee, J .; Wilson, PJ, partly joins. Emfinger, J., Dissenting with Separate Written Opinion, joined by Wilson, PJ; Carlton, PJ, partly joins. Dissenting Opinion: Barnes, CJ Votes: Carlton, PJ, and Greenlee, J., agree with this opinion. Wilson, PJ, partly agrees with this view. Dissenting Opinion: Emfinger, J. Votes: Wilson, PJ, agrees with this opinion. Carlton, PJ, partly agrees with this opinion.


FR BANC

2020-CA-00728-COA

Michael Aaron Nowell vs. Cynthia Stewart f / k / a Cynthia Nowell; Rankin Chancellery Court; LC Case No: 2013-127; Decision date: 07/01/2020; Judge in power: John McLaurin, Jr.; Decision: On the court’s own initiative, the Rankin County Chancellery Court will submit in writing its reasons for sealing this matter to this court within thirty days of the entry into force of this order. Respondent’s motion to lift the seal is stayed until further order of the Court. Emfinger, J., does not participate. Order entered 09/13/2021.


FR BANC

2020-TS-00774-COA

Walter Smith v. Mississippi State; Humphreys Circuit Court; LC Case No: 6790; Decision date: 03/14/2019; Judge in power: Jannie Lewis-Blackmon; Ruling: Walter Smith’s pro se motion to recall the warrant, reinstate his appeal, allow him to proceed in forma pauperis and appoint a lawyer to represent him is allowed in part. The warrant is hereby recalled and this appeal is reinstated. Smith’s request to proceed in forma pauperis in this appeal is granted. Smith’s request for a designated lawyer is denied. Order entered on 10/09/2021.


FR BANC

2020-TS-01004-COA

Devantae Moore aka Devantae Antonio Moore c. Mississippi State; Jasper 2nd District Circuit Court; LC Case No: 17-cr-00024-SS-1; Decision date: 07/02/2020; Judge in power: Stanley Sorey; Held: The untimely appeal by Devantae Moore is dismissed. All costs of this call are charged to Jasper County. Order entered on 09/09/2021.


FR BANC

2021-TS-00565-COA

Michael Whisenant v. Mississippi State; Forrest Circuit Court; LC Case No: 18CI1: 20-cv-00108; Decision date: 10/22/2020; Judge in power: Jon Weathers; Decision: This appeal is dismissed as filed out of time. All costs of the call are charged to Forrest County. The appellant’s motion for time to file the appellant’s factum is dismissed as moot. Order entered on 10/09/2021.


FR BANC

2021-TS-00596-COA

Dennis Jones v. Mississippi State; Marion Circuit Court; LC Case No: 17-cr-00303-PH-1; Decision date: 07/24/2018; Judge in power: Prentiss Harrell; Disposition: This appeal is dismissed for lack of a judgment liable to appeal. All charges for this call are charged to Marion County. Order entered 09/13/2021.


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