Hand Down Lists
June 18, 1996
Frank D. Barber, J.
93-CA-01220-COA
Hughes, George E. and Sharon M. Hughes v. James E. Marsh and J. T. Marsh
Appeal No. 28120 from Judgment dated OCTOBER 15, 1993, Alcorn County Chancery Court; DISPOSITION - Appellees' Motion to clarify mandate denied as untimely filed. Order entered.
Frank D. Barber, J.
94-CA-00867-COA
Norfolk Southern Railway Company v. Mack Charles Bonner
Appeal No. 2043 from Judgment dated JULY 11, 1994, Jasper County Circuit Court, First Judicial District; The judgment of the Jasper County Circuit Court is affirmed. Statutory damages and interest are awarded. Costs are assessed to the appellant. Thomas, P.J., dissents with separate written opinion joined by Fraiser, C.J., McMillin and Southwick, JJ.
Frank D. Barber, J.
95-CA-00057-COA
Overbey, Lee v. Rachel Lee Overbey Austin
Appeal No. 25725 from Judgment dated NOVEMBER 07, 1994, Leflore County Chancery Court; The judgment of the Chancery Court of Leflore County is reversed and remanded for a new trial consistent with this opinion. Costs are assessed to the appellee.
Billy G. Bridges, P. J.
92-KA-01294-COA
Patton, Michael Angelo v. State of Mississippi
Appeal No. 26273 from Judgment dated DECEMBER 01, 1992, Harrison County Circuit Court, First Judicial District; DISPOSITION - Petition for Rehearing denied. Order entered. Thomas, P.J., and Payne, J., not participating.
Leslie D. King, J.
93-CA-01373-COA
Bennett, Robert A. and wife, Mary Alice Bennett v. Sawyer Real Estate, Inc. of Mississippi, Lenwood S. Sawyer, Jr., Real Estate Broker and Waffle House, Inc., A Georgia Corporation
Appeal No. 18801 from judgment dated October 25, 1993, Harrison County Chancery Court, Second Judicial District; DISPOSITION - Petition for Rehearing denied. Order entered. Thomas, P.J., not participating.
James E. Thomas, P.J.
94-CA-00582-COA
Crechale, John Paul v. Robert John Crechale
Appeal No. 146648 from Judgment dated JUNE 11, 1993, Hinds County Chancery Court, First Judicial District; DISPOSITION - Petition for Rehearing denied. Order entered.
EN BANC
94-CC-00739-COA
Frito-Lay, Inc. and National Union Fire Insurance Company v. Lillie L. Dixon a/k/a Lillie Lou Dixon
Appeal No. 927385 from Judgment dated JULY 07, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of the First Judicial District of Hinds County is hereby affirmed. All costs of this appeal are taxed to the appellants. Diaz, J., Bridges and Thomas, P.JJ., Barber, Coleman, King, and Payne, JJ., concur. Southwick, J., dissents with separate written opinion joined by Fraiser, C.J., and McMillin, J.
EN BANC
94-CA-00802-COA
Mississippi Management, Inc., Holiday Inn Franchise Owners (Group #2), and Orlando Plaza Suite Hotel, Ltd.-A v. Federal Insurance Company
Appeal No. 38108 from Judgment dated JULY 20, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Rehearing denied. Order entered.
Mary Libby Payne, J.
94-CA-00863-COA
Morris, Carrie E. v. Larry B. Morris
Appeal No. 61963 from Judgment dated MAY 02, 1994, Jackson County Chancery Court; DISPOSITION - Petition for Rehearing denied. Order entered.
Leslie H. Southwick, J.
95-CC-00091-COA
Copelin, Sandra Jean v. Value Craft Furniture, Inc.
Appeal No. CV93234 from Judgment dated JANUARY 06, 1995, Monroe County Circuit Court; DISPOSITION - Petition for Rehearing denied. Order entered.
Frank D. Barber, J.
93-KA-00208-COA
Gardner, Willie A. v. State of Mississippi
Appeal No. 22281 from Judgment dated OCTOBER 08, 1992, Washington County Circuit Court; The judgment of the Circuit Court of Washington County of conviction of burglary of a business and sentence as a habitual offender to seven years in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed to Washington County.
Oliver E. Diaz, Jr., J.
93-KA-01435-COA
Sykes, Claudell v. State of Mississippi
Appeal No. 23517 from Judgment dated NOVEMBER 12, 1993, Washington County Circuit Court; DISPOSITION - Motion to reduce bond dismissed as moot without prejudice to file in trial court. Motion for new trial dismissed as moot. Order entered.
Frank D. Barber, J.
94-CA-00347-COA
United Companies Life Insurance Company v. Mildred B. Clifton
Appeal No. 5913292 from Judgment dated FEBRUARY 01, 1994, Forrest County Circuit Court; DISPOSITION - Joint Motion to dismiss appeal granted. Appeal dismissed with prejudice. Costs, if any, are taxed to appellant. Order entered. Petition for Rehearing dismissed as moot. Order entered.
James E. Thomas, P.J.
94-KA-00439-COA
Blakeney, Johnny a/k/a Johnny E. Blakey a/k/a Johnny Evaughn Blakeney Jr. v. State of Mississippi
Appeal No. 4237 from Judgment dated MARCH 31, 1994, Rankin County Circuit Court; DISPOSITION - Appellant's pro se petition for writ of mandamus denied. Order entered.
Roger H. McMillin, Jr., J.
94-CA-00526-COA
McLemore, Garland, General Partner of Breadwinner Equity Plan, a Mississippi Limited Partnership v. Management and Marketing Consultants, Inc.
Appeal No. 3824 from Judgment dated APRIL 26, 1994, Madison County Circuit Court; DISPOSITION - Appellee's Motion for statutory damages denied. Order entered.
Leslie D. King, J.
94-KA-00579-COA
Miller, Anthony a/k/a Tony Miller a/k/a Anthony Be v. State of Mississippi
Appeal No. 4866 from Judgment dated MAY 19, 1994, Claiborne County Circuit Court; DISPOSITION - Miller's Petition for Writ of Mandamus dismissed as moot. Order entered.
James E. Thomas, P.J.
94-CA-00605-COA
McClain, Ivadale, James David McClain and Louella Pitts v. Jones County Sheriff's Department and Forrest County Sheriff's Department
Appeal No. 93682 from Judgment dated JUNE 01, 1994, Jones County Circuit Court, Second Judicial District; DISPOSITION - Appellant's Motion for additional time within which to file Petition for Rehearing granted. Petition for Rehearing due by June 17, 1996. Order entered.
James E. Thomas, P.J.
94-KA-01103-COA
Edwards, Shirley a/k/a Shirley Mae Toole Edwards v. State of Mississippi
Appeal No. 20994 from Judgment dated AUGUST 26, 1994, Lauderdale County Circuit Court; DISPOSITION - Appellant's Motion to reduce bond denied. Order entered.
PER CURIAM
95-CC-00315-COA
Hydrick, Louie E. v. Harrison County Sheriff's Department and South Mississippi Workers' Compensation Fund
Appeal No. A24019400382 from Judgment dated FEBRUARY 22, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Appellant's Motion to Dismiss dismissed as moot. Order entered.
Mary Libby Payne, J.
95-KA-00512-COA
Bourne, Clarence O. a/k/a Clarence Orlando Bourne v. State of Mississippi
Appeal No. 4094 from Judgment dated APRIL 14, 1995, Jefferson Davis County Circuit Court; DISPOSITION - Appellant's Motion to supplement brief denied. Order entered.
Roger H. McMillin, Jr., J.
95-CC-00626-COA
Owen, M. D., William D. v. T. Steve Parvin, M. D. and the Mississippi State Board of Medical Licensure
Appeal No. G941844 from Judgment dated JUNE 07, 1995, Hinds County Chancery Court, First Judicial District; DISPOSITION - Motion to strike certain portions of the amended order and supplemental findings of fact filed by the Board of Licensure denied. Order entered. Coleman, J., not participating.
James E. Thomas, P.J.
95-CA-00499-COA
J. D. W. v. D. S. W.
Appeal No. 16351 from Judgment dated FEBRUARY 27, 1995, Winston County Chancery Court; The judgment of the Chancery Court of Winston County is affirmed. Costs are taxed to the appellant. Payne, J., dissents with separate written opinion joined by Barber, J.
Oliver E. Diaz, Jr., J.
94-KA-00300-COA
Kelly, Marcus v. State of Mississippi
Appeal No. 38693 from Judgment dated FEBRUARY 18, 1994, Lauderdale County Circuit Court; The judgment of the Lauderdale County Circuit Court of conviction of aggravated assault and sentence of twenty years in the custody of the Mississippi Department of Corrections and to pay restitution of $201.10 is hereby affirmed. All costs of this appeal are taxed to Lauderdale County.
James E. Thomas, P.J.
94-CA-00941-COA
Brown, Estella v. Parke-Davis, Division of Warner Lambert Company
Appeal No. 37864 from Judgment dated SEPTEMBER 09, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County is affirmed. Costs are assessed to the appellant. Bridges, P.J., not participating.
Mary Libby Payne, J.
92-KA-01120-COA
Neely, Carl a/k/a "Pop-Eye" v. State of Mississippi
Appeal No. CR926CY2 from Judgment dated OCTOBER 14, 1992, Yalobusha County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Yalobusha County of conviction of the sale of cocaine and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections is affirmed. Costs are taxed to Yalobusha County.
Mary Libby Payne, J.
94-CC-01192-COA
Mississippi Employment Security Commission v. Elizabeth Hill
Appeal No. 940080CI from Judgment dated NOVEMBER 02, 1994, Leflore County Circuit Court; The judgment of the Circuit Court of Leflore County is reversed and the decision of the Board of Review denying benefits is reinstated. All costs of this appeal are taxed to appellee.
Roger H. McMillin, Jr., J.
93-CA-01280-COA
Twiner, Cathie Franklin, Doyle Bratton and Norma Jean Gibbs v. Norman Gillis, Jr.
Appeal No. 35474 from Judgment dated SEPTEMBER 17, 1993, Pike County Chancery Court; The judgment of the Chancery Court of Pike County is affirmed. Costs of this appeal are assessed to the appellants. Payne and Southwick, JJ., not participating.
Roger H. McMillin, Jr., J.
95-CA-00384-COA
A. T. v. S. H. P.
Appeal No. 9842 from Judgment dated MARCH 09, 1995, Bolivar County Chancery Court, First Judicial District; The judgment of the Bolivar County Chancery Court awarding custody of B.C. to her natural mother is affirmed. Costs of this appeal are assessed to the appellant. A.T.
Leslie D. King, J.
94-KA-00288-COA
Collins, Anthony Olin v. State of Mississippi
Appeal No. 4399 from Judgment dated NOVEMBER 11, 1993, Winston County Circuit Court; The conviction and sentence of the Circuit Court of Winston County, Mississippi, is reversed and remanded for a new trial. Winston County is taxed with all costs of this appeal. Southwick, J., dissents with separate written opinion joined by Bridges, P.J., McMillin and Payne, JJ. Appellee's Motion to strike issues one and two in appellant's brief denied. Order entered.
Oliver E. Diaz, Jr., J.
93-KA-00215-COA
Marshall, Johnny Lee v. State of Mississippi
Appeal No. 2529 from Judgment dated FEBRUARY 03, 1993, Pike County Circuit Court; The judgment of the Pike County Circuit Court of conviction of sexual battery and sentence of twenty-five years in the custody of the Mississippi Department of Corrections as a habitual offender is affirmed. All costs of this appeal are taxed to Pike County.
Oliver E. Diaz, Jr., J.
94-CA-00268-COA
Pennington, James G., Marcus K. Savage, Walter Guy Burkhalter, United States Fidelity & Guaranty Company and Providence Washington Insurance Company, Successor to National General Fire and Casualty Company v. State of Mississippi Ex Rel. Mike Moore, Attorney General and Steven A. Patterson Auditor of Public Accounts for the Use and Benefit of Tallahatchie County, Mississippi
Appeal No. 1910428 from Judgment dated FEBRUARY 25, 1994, Tallahatchie County Chancery Court, First Judicial District; The judgment of the Tallahatchie County Chancery Court in favor of the appellees is affirmed. Statutory damages and interest are awarded. Costs are taxed to the appellants.
Billy G. Bridges, P. J.
94-CA-00568-COA
Mack, Sr., Ronald Earl, and Cynthia Ann Dickerson Mack, Individually and as Co-Administrators of the Estate of Angela Mack, Deceased v. Susan O'Neal, M. D.
Appeal No. 9112177 from Judgment dated APRIL 06, 1994, Washington County Circuit Court; The judgment of the Washington County Circuit Court is reversed and remanded for a new trial. All costs of this appeal are assessed to the appellee.
Oliver E. Diaz, Jr., J.
95-KA-00227-COA
Graham, Cord Wright v. State of Mississippi
Appeal No. 4782 from Judgment dated NOVEMBER 22, 1994, Winston County Circuit Court; The judgment of the Winston County Circuit Court is hereby reversed and remanded. Costs of this appeal are taxed to Winston County.
Thomas A. Coleman, J.
94-CC-00449-COA
Stuart, James T. v. Civil Service Commission of the City of Hattiesburg, Mississippi
Appeal No. 11923850 from Judgment dated APRIL 20, 1994, Forrest County Circuit Court; The judgment of the Forrest County Circuit Court is affirmed. All costs are assessed to appellant.
Thomas A. Coleman, J.
94-CA-00586-COA
Arkansas River Company v. SCF Transportation, Inc
Appeal No. 9212465 from Judgment dated MAY 16, 1994, Washington County Circuit Court; The judgment of the Circuit Court of Washington County is affirmed. Costs are assessed to the appellant. Fraiser, C.J., dissents with separate written opinion joined by Bridges, P.J., McMillin and Southwick, JJ. Bridges, P.J., dissents with separate written opinion joined by Fraiser, C.J., McMillin and Southwick, JJ. McMillin, J., dissents with separate written opinion joined by Fraiser, C.J., Bridges, P.J., and Southwick, J.
Thomas A. Coleman, J.
94-CA-00746-COA
Choctaw Maid Farms, Inc. v. Bill H. Murphy
Appeal No. 9853 from Judgment dated JULY 08, 1994, Rankin County Circuit Court; Both the judgment of the Circuit Court of Rankin County which affirmed the Rankin County County Court's order denying appellant's motion to set aside default judgment and the Rankin County County Court's order denying appellant's motion to set aside default judgment are reversed; and this case is remanded to the County Court of Rankin County. Costs of this appeal are assessed to the appellee. Bridges, P.J., not participating.
Thomas A. Coleman, J.
94-CC-01231-COA
Williams, Oceretta B. and Mississippi Employee Appeals Board v. Mississippi Department of Human Services
Appeal No. 25194430CIV from Judgment dated OCTOBER 14, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is reversed and the order of the Mississippi Employees Appeals Board is affirmed and reinstated. Costs are assessed to the Mississippi Department of Human Services. Thomas, P.J., dissents with separate written opinion joined by Bridges, P.J., Diaz and Payne, JJ.
Billy G. Bridges, P. J.
93-KA-00046-COA
Johnson, Clark J. v. State of Mississippi
Appeal No. 7622 from Judgment dated NOVEMBER 23, 1992, Bolivar County Circuit Court, Second Judicial District; The judgment of the Bolivar County Circuit Court of conviction of sale of a controlled substance and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, to run consecutively to cause number 7531, and fine of $3,000.00 is affirmed. All costs of this appeal are taxed to Bolivar County.
Billy G. Bridges, P. J.
93-KA-00194-COA
Patton, Jr., Oliver a/k/a Walter Patton a/k/a Arthur Patton a/k/a Johnny Harold McFarland a/k/a Willie Henderson a/k/a Albert Jackson v. State of Mississippi
Appeal No. 8510529 from Judgment dated OCTOBER 03, 1986, Jackson County Circuit Court; The judgment of the Jackson County Circuit Court of conviction of armed robbery and sentence of twenty-five (25) years as an habitual offender in the custody of the Mississippi Department of Corrections is affirmed. The appellant is taxed with all costs of this appeal. Thomas, P.J., not participating.
Billy G. Bridges, P. J.
93-KA-00331-COA
Lynch, Aaron v. State of Mississippi
Appeal No. 8023 from Judgment dated FEBRUARY 09, 1993, Coahoma County Circuit Court; The judgment of the Coahoma County Circuit Court of conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. Coahoma County is taxed with all costs of this appeal.
Billy G. Bridges, P. J.
94-CC-00417-COA
McLeod, Horace v. Alpo Pet Foods, Inc. and Zurich American Insurance Co. of Illinois
Appeal No. 93005A2 from Judgment dated MARCH 25, 1994, Jackson County Circuit Court; The judgment of the Jackson County Circuit Court is reversed and remanded in part and affirmed in part. All costs of this appeal are taxed to the appellant. McMillin, J., dissents with separate written opinion joined by Fraiser, C.J., and Southwick, J.
Leslie D. King, J.
95-CA-00034-COA
American Funeral Assurance Company v. Daisy Hubbs, Administratrix of the Estate of Lucille Kitchens, Deceased
Appeal No. 151068 from Judgment dated DECEMBER 19, 1994, Hinds County Chancery Court, First Judicial District; The judgment of the Chancery Court of Hinds County is affirmed. Statutory damages and interest are awarded. Appellant is taxed with all costs of this appeal. Fraiser, C.J., specially concurs with separate written opinion, joined by Payne, J. Southwick, J., dissents with separate written opinion joined by Coleman and McMillin, JJ.