06/29/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
X  2003-CA-00106-COA

Joy Timms v. Steve Pearson; Monroe Chancery Court; LC Case #: 2001-281; Ruling Date: 12/18/2002; Ruling Judge: John Ross, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Monroe County is reversed and rendered. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Irving, Myers and Griffis, JJ., Concur.

Johnny Turner v. State of Mississippi; Pike Circuit Court; LC Case #: 03-062-KA; Ruling Date: 04/07/2003; Ruling Judge: Keith Starrett; Majority Opinion: Myers, J. Disposition: The judgment of the Pike County Circuit Court denying expungement is affirmed. All costs are assessed to the appellant. Votes: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Chandler and Griffis, JJ., concur. Thomas, J., not participating.

Greg Mark Shorter v. State of Mississippi; Warren Circuit Court; LC Case #: 0010014-CR-P; Ruling Date: 03/28/2002; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Warren County of conviction of aggravated assault and sentence of eight years in the custody of the Mississippi Department of Corrections, with five years suspended, is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Myers, Chandler and Griffis, JJ., concur.

Melvin Hinson, Individually and Melvin Hinson d/b/a Hinson Plumbing, Inc. v. N & W Construction Company, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-00-1357CV; Ruling Date: 08/02/2002; Ruling Judge: Winston Kidd; Majority Opinion: Irving, J. Disposition: The judgment of the circuit court of the First Judicial District of Hinds County is affirmed. Statutory damages and interest are awarded. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Myers, Chandler and Griffis, JJ., concur.

Andrea Carol Marshall Hinson v. Melvin Hinson; Warren Chancery Court; LC Case #: 2001-248GN; Ruling Date: 10/01/2002; Ruling Judge: Jane Weathersby; Majority Opinion: Irving, J. Disposition: The appeal from the Warren County Chancery Court is dismissed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Myers, Chandler and Griffis, JJ., concur.

Linda Ann Bell Smith v. Francis Bell, III; Bolivar Chancery Court 2nd District; LC Case #: 2001-0387; Ruling Date: 11/12/2002; Ruling Judge: William Willard, Jr.; Majority Opinion: Thomas, J. Disposition: The judgment of the Chancery Court of Bolivar County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Southwick, P.JJ., Irving, Myers, Chandler and Griffis, JJ., concur. Lee, J., concurs in result only.

Pheliphae Coleman v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2003-017-CR2; Ruling Date: 05/20/2003; Ruling Judge: Kenneth Thomas; Majority Opinion: Thomas, J. Disposition: The judgment of the Bolivar County Circuit Court of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections, with the sentence to run consecutively to any and all sentences previously imposed, is affirmed. All costs of this appeal are assessed to Bolivar County. Votes: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

In the Matter of the Estates of Armine B. Gates and C. V. Gates, Deceased: Roland Dear and Lottie S. Causey v. George Glynn Boggan, Sr., et al. (Heirs of Armine B. Gates) and Ruth B. Lewis, et al. (Heirs of C. V. Gates); Simpson Chancery Court; LC Case #: 97-0404; Ruling Date: 09/03/2002; Ruling Judge: J. Buffington; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Chancery Court of Simpson County is affirmed. All costs are assessed to the appellants. Votes: King, C.J., Bridges, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Sidney P. Boteler v. State Farm Casualty Insurance Company; Rankin Circuit Court; LC Case #: 2000-262; Ruling Date: 03/04/2003; Ruling Judge: Samac Richardson; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Thomas, Irving, Myers, Chandler and Griffis, JJ., Concur. Lee, J., not participating.

Darrell Jefferson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 1999-0190-CV; Ruling Date: 05/08/2003; Ruling Judge: Lee Howard; Majority Opinion: Southwick, P.J. Disposition: Per Curiam Affirmance

Robert Burroughs, Individually, Burroughs Diesel, Inc. and Rental Service, Inc. v. H. D. McDaniel, Consolidated Contractors Corporation and McDaniel Investments, Inc.; Jones Chancery Court 2nd District; LC Case #: 960486; Ruling Date: 01/29/2001; Ruling Judge: Johnny Williams; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Jones County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant. Votes: King, C.J., Southwick, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Ray Kirk v. James O. Crump, Individually and in His Official Capacity as Deputy Sheriff of Tunica County, Mississippi, John Pickett, III, Individually and in His Official Capacity as Sheriff of Tunica County, Mississippi, and the County of Tunica, Mississippi, a Political Subdivision of the State of Mississippi; Tunica Circuit Court; LC Case #: 99-0047; Ruling Date: 12/09/2002; Ruling Judge: Albert Smith, III; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Tunica County is hereby affirmed as to the dismissal of all claims against Sheriff John Pickett, the County of Tunica, and Deputy James Crump in his official capacity, but is reversed and remanded for a new trial on the issue of Officer James Crump's individual liability. All costs of the appeal are taxed to the appellees. Votes: Bridges and Southwick, P.JJ., Thomas, Lee, Irving, Myers and Griffis, JJ., concur. Chandler, J., dissents without separate written opinion.

Thelma R. Byrd v. David S. Hutchinson and Nationwide General Insurance Company; Jackson Circuit Court; LC Case #: CI-2001-00363(1); Ruling Date: 01/03/2003; Ruling Judge: Kathy Jackson; Majority Opinion: King, C.J. Disposition: The judgment of the Jackson County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant. Votes: Bridges, P.J., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur. Southwick, P.J., not participating.

Blaine Brooks v. State of Mississippi; Pike Circuit Court; LC Case #: 01-179-KB; Ruling Date: 10/10/2001; Ruling Judge: Mike Smith; Majority Opinion: Lee, J. Disposition: The judgment of the Circuit Court of Pike County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections without the possibility of parole, early release, or probation until he reaches sixty-five years of age and order to pay a $10,000 fine, and full restitution is affirmed. Costs of this appeal are assessed to Pike County. Votes: Bridges, P.J., Myers and Chandler, JJ., concur. Irving, J., dissents without separate written opinion. Concurring Opinion: King, C.J. Votes: Bridges, P.J., joins this opinion. Irving, J., joins this opinion in part. Concurring Opinion: Southwick, P.J. Votes: Thomas and Griffis, JJ., join this opinion.

Mike Teasley v. Pete Buford, Individually and Pete Buford d/b/a Buford Construction; Buford Construction Company, Inc.; Warren Circuit Court; LC Case #: 00,0054-CI; Ruling Date: 01/24/2002; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Warren County is affirmed on direct appeal as to $54,000 in compensatory damages for trespass, $5,500 for intentional or negligent infliction of emotional distress and the $5,000 credit for settlement and is reversed and rendered on direct appeal as to the $500 for special damages and is affirmed on cross-appeal. Costs are divided equally between the appellant and the appellee. Votes: King, C.J., Bridges and Southwick, P.JJ., Lee, Irving, Chandler and Griffis, JJ., concur. Thomas, J., not participating.

Titan Indemnity Company, Attala County, Mississippi, the Board of Supervisors of Attala County, Mississippi, Troy Hodges, Eddie Womble, Charles P. Fancher, Dewitt Adcock, H. Wade Shumaker, and Bobby Lewis, individually and in their official capacities with Attala County, Mississippi v. Eric Scott Pope, Individually and by Vivian Rasberry, His Natural Mother and Adult Next Friend; Attala Circuit Court; LC Case #: 99-0008-CV-M; Ruling Date: 04/29/2002; Ruling Judge: C. Morgan, III; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Attala County Circuit Court is reversed and rendered. All costs of appeal are assessed to the appellees. Votes: King, C.J., Southwick, P.J., Lee, Myers, Chandler and Griffis, JJ., concur. Irving, J., concurs in result only. Thomas, J., not participating.

Jamie Oster v. Jan Oster; Lincoln Chancery Court; LC Case #: 2000-626; Ruling Date: 06/19/2002; Ruling Judge: Edward Patten, Jr.; Disposition: Appellee's motion for rehearing is denied.

Shadow Robinson v. State of Mississippi; Madison Circuit Court; LC Case #: 2001-299; Ruling Date: 07/22/2002; Ruling Judge: Samac Richardson; Disposition: Appellant's Petition for Rehearing and Amended Petition for Rehearing are denied. Order entered. Chandler and Griffis, JJ., would grant.

James M. Brennan v. Terrilee (Brennan) Ebel; Harrison Chancery Court 1st District; LC Case #: 91-01071/100,356; Ruling Date: 11/15/1999; Ruling Judge: Thomas Teel; Disposition: Appellant's motion for rehearing is denied. Irving, J., would grant. Myers, J., not participating.

William Lee (Willie) Wortham v. State of Mississippi; Stone Circuit Court; LC Case #: 2001-0059; Ruling Date: 07/17/2002; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Stone County of conviction of two counts of murder and two life sentences to run consecutively in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Stone County. Votes: King, C.J., Bridges and Southwick, P.JJ., Thomas, Lee, Irving, Chandler and Griffis, JJ., concur.

Peggy C. Hinds, E.R. Friar, Jr., Willene D. Friar and Jerry L. Pelham v. City of Ocean Springs, Mississippi; Jackson Circuit Court; LC Case #: CI-2001-00264(1); Ruling Date: 12/12/2002; Ruling Judge: James Backstrom; Disposition: Appellant's motion for rehearing is denied.

Maurice S. McGee v. Mississippi Employment Security Commission and Choctaw Food of Carthage, Mississippi; Montgomery Circuit Court; LC Case #: 2002-0044-CV-L; Ruling Date: 09/18/2002; Ruling Judge: Joseph Loper, Jr.; Disposition: Appellant's motion for rehearing is denied.

Clara Brown v. State of Mississippi; Pike Circuit Court; LC Case #: 03-023-B; Ruling Date: 02/11/2003; Ruling Judge: Mike Smith; Disposition: Appellant's motion for rehearing is denied.

Nathaniel Sibley v. State of Mississippi; Amite Circuit Court; LC Case #: 03-CV-015-J; Ruling Date: 02/14/2003; Ruling Judge: Forrest Johnson, Jr.; Disposition: Appellant's motion for rehearing is denied.

Jack Rivers v. Board of Trustees, Forrest County Agricultural High School; Forrest Chancery Court; LC Case #: 02-0776-GN-D; Ruling Date: 03/18/2003; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Forrest County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant. Votes: Thomas, Lee and Myers, JJ., concur Concurring Opinion: Irving, J. Dissenting Opinion: Griffis, J. Votes: King, C.J., Southwick, P.J. and Chandler, J., join this opinion.