Mississippi Court of Appeals

Hand Down Lists
July 02, 1996

07/02/1996 - Hand Down and published opinions in WordPerfect/ZIP format

Billy G. Bridges, P. J.
94-CA-00212-COA

Collins, Ronnie C. v. April Collins; Lacora Collins; Ronnie Tyrone Collins; Vakerri Cooks; and Shaletta Cooks, by and through their Guardian and Next Friend, Edna B. Rupert Appeal No. A3446 from Judgment dated JANUARY 07, 1994, Clarke County Chancery Court; RESPONSE DUE 5/14/96 5/15/96 Sub. RH with record DISPOSITION - Petition for Rehearing denied. /* Order entered.


Frank D. Barber, J.
93-KA-00603-COA

O'Neal, Janice v. State of Mississippi Appeal No. 11215V from Judgment dated APRIL 23, 1993, Warren County Circuit Court; the judgment of the Warren County Circuit Court of conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections with fifteen (15) years to serve and five (5) years suspended for a period of five (5) years is affirmed. Costs are assessed against Warren County.


Frank D. Barber, J.
95-CC-00776-COA

Alexander, Anthony v. Bradford Seafood Company Appeal No. 9500172 from Judgment dated JULY 07, 1995, Harrison County Circuit Court, First Judicial District; the judgment of the Circuit Court of Harrison County is reversed. This cause is remanded to the Worker's Compensation Commission solely for determination and supervision of the compensation due the appellant. Costs of this appeal are taxed to Bradford Seafood Company. Thomas, P.J., not participating.


John J. Fraiser, Jr., C.J.
93-KA-00047-COA

Ladner, Sherman E. v. State of Mississippi Appeal No. 72851 from Judgment dated JANUARY 07, 1993, Pearl River County Circuit Court; the judgment of the Circuit Court of Pearl River County on change of venue to Lauderdale County finding Sherman Ladner guilty of murder is reversed and remanded for a new trial. Costs are assessed against Pearl River County.


John J. Fraiser, Jr., C.J.
93-KA-00519-COA

Gillentine, Tommy James v. State of Mississippi Appeal No. 92285 from Judgment dated APRIL 14, 1993, Lee County Circuit Court; the judgment of the Lee County Circuit Court of conviction of aggravated assault and sentence of 20 years in the custody of the Mississippi Department of Corrections, 10 years suspended pending good behavior, sentence to run concurrently with sentence imposed in #CR085-001B U. S. District Court, is affirmed. Costs taxed to Lee County.


John J. Fraiser, Jr., C.J.
94-CC-01039-COA

Broadus, Kenneth R. v. Jackson County Sheriff's Department Appeal No. 935431 from Judgment dated SEPTEMBER 26, 1994, Jackson County Circuit Court; the judgment of the Jackson County Circuit Court affirming the decision of the Jackson County Civil Service Commission is affirmed. All costs of this appeal are taxed to the appellant.


John J. Fraiser, Jr., C.J.
95-CA-00259-COA

Griffin, W. Dewayne v. Foamex, a Limited Partnership Appeal No. H93234 from Judgment dated FEBRUARY 08, 1995, Chickasaw County Circuit Court, First Judicial District; the judgment of the Chickasaw County Circuit Court denying Griffin's motion to set aside default judgment is reversed. The decision of the Circuit Court holding Griffin personally liable for the debt is reversed and the cause remanded for further proceedings.


John J. Fraiser, Jr., C.J.
95-KA-00591-COA

Farrell, Richard Daniel a/k/a Danny Farrell v. State of Mississippi Appeal No. 28132 from Judgment dated MAY 18, 1995, Harrison County Circuit Court, First Judicial District; the judgment of the Harrison County Circuit Court convicting Richard Daniel Farrell of embezzlement and sentence to ten (10) years in the custody of the Mississippi Department of Corrections with all suspended with the exception of six (6) months to serve under the provisions of the intensive supervision program is affirmed. Costs are taxed to appellant. Thomas, P.J., not participating.


James E. Thomas, P.J.
93-CA-00149-COA

Barrett, John Patrick and Gelinda Jones v. International Paper Company and Larry Fisher Appeal No. 38161 from Judgment dated DECEMBER 14, 1992, Hinds County Circuit Court, First Judicial District; Thomas Y. Page UPSHAW WILLIAMS BIGGERS PAGE & KRUGER (rec'd by Guard 5/9/96) RESPONSE DUE 5/17/96 5/20/96 Sub. RH with record DISPOSITION - Petition for Rehearing denied. Order entered. Southwick, J., not participating.


Billy G. Bridges, P. J.
93-CA-00711-COA

Precision Interlock Log Homes, Inc. d/b/a Yesteryear Log Homes, Inc. and Jerald O'Neal v. Odis H. O'Neal, Jr. and Pamela O'Neal Appeal No. 8890 from Judgment dated FEBRUARY 22, 1993, George County Chancery Court; RESPONSE DUE 5/14/96 5/15/96 Sub. RH with Response DISPOSITION - Petition for Rehearing denied. Order entered.


Leslie H. Southwick, J.
93-KA-01428-COA

Torns, Jr., Charles a/k/a Charles Torns v. State of Mississippi Appeal No. 90209601 from Judgment dated OCTOBER 08, 1993, Hinds County Circuit Court, First Judicial District; Thomas M. Fortner RESPONSE DUE 5/30/96 5/31/96 Sub. RH with record DISPOSITION - Petition for Rehearing denied. Order entered.


Thomas A. Coleman, J.
94-CA-00019-COA

Heinrich-Downs, Julie v. Allstate Insurance Company Appeal No. 9112531BL from Judgment dated NOVEMBER 18, 1993, Leflore County Circuit Court; RESPONSE DUE 5/15/96 5/16/96 Ext. granted to file Response-RESPONSE DUE 5/22/96 5/22/96 Sub. RH with Response & record DISPOSITION - Petition for Rehearing denied. Order entered.


Leslie H. Southwick, J.
94-CA-00049-COA

Application Data Systems, Inc., A Mississippi Corporation, Corporately and for the Use and Benefit of the City of Hattiesburg, Mississippi v. Paul Rowell, John Holton, John Buckley, Scott Farris, Charles E. Lawrence, Jr., J. Ed Morgan, Providence Washington Insurance Company, Midland Information Systems, J&J Accounting and Computer Sales, D. Bannerman and Company, Diversified Computer Systems, Appeal No. 52350 from Judgment dated NOVEMBER 30, 1993, Forrest County Chancery Court; Winn David Brown, Jr. (FedEx posted 5/6/96) RESPONSE DUE 5/15/96 5/15/96 Sub. RH with Response DISPOSITION - Petition for Rehearing denied. Order entered.


Frank D. Barber, J.
93-KA-00528-COA

Odom, Roy Limuel v. State of Mississippi Appeal No. 22500 from Judgment dated FEBRUARY 26, 1993, Washington County Circuit Court; the judgment of the Circuit Court of Washington County finding appellant guilty of the crime of burglary of a business and sentencing him as a habitual offender to a term of seven years in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed to Washington County.


Leslie D. King, J.
94-CA-00719-COA

LATCO, Inc. v. Magnolia Forest Products, Inc. Appeal No. 9377257 from Judgment dated JULY 12, 1994, Hinds County Circuit Court, First Judicial District; Eddie J. Abdeen DANIEL COKER HORTON & BELL RESPONSE DUE 5/13/96 5/14/96 Sub. RH with Response & record DISPOSITION - Petition for Rehearing denied. Order entered.


EN BANC
94-CA-00724-COA

Jones, Paul H. v. William E. Morehead, Cathy Morehead, Larry Morehead and Mrs. Harvey Moore Appeal No. 8360 from Judgment dated JUNE 24, 1994, Coahoma County Circuit Court; HUNT & ROSS RESPONSE DUE 4/16/96 4/16/96 Sub. RH with Response & record DISPOSITION - Petition for rehearing denied. Order entered.


Thomas A. Coleman, J.
94-KA-00808-COA

Doss, Tony Curtis v. State of Mississippi Appeal No. 7077 from Judgment dated JULY 21, 1994, Clay County Circuit Court; CATLEDGE & ASSOCIATES RH filed as of 5/10/96 RESPONSE DUE 5/17/96 5/20/96 Sub. RH with record DISPOSITION - Petition for Rehearing denied. Order entered.


Roger H. McMillin, Jr., J.
94-CA-01148-COA

Mills, Jerry and Charlie Joe Green v. Goldome Credit Corporation Appeal No. 9273330 from Judgment dated OCTOBER 10, 1994, Hinds County Circuit Court, First Judicial District; RESPONSE DUE 5/28/96 5/29/96 Sub. RH with record DISPOSITION - Petition for Rehearing denied. Order entered.


Oliver E. Diaz, Jr., J.
95-KA-00046-COA

Moss, Gus v. State of Mississippi Appeal No. 6819 from Judgment dated AUGUST 26, 1994, Grenada County Circuit Court; RESPONSE DUE 5/22/96 5/23/96 Sub. RH with record DISPOSITION - Petition for Rehearing denied. Order entered.


Leslie H. Southwick, J.
95-CA-00095-COA

Dresser-Rand Company v. Arkwright Mutual Insurance Company Appeal No. 94059 from Judgment dated DECEMBER 28, 1994, Yazoo County Circuit Court; COMPTON CROWELL & HEWITT RESPONSE DUE 5/28/96 5/24/96 Sub. RH with Response & record DISPOSITION - Petition for Rehearing denied. Order entered.


EN BANC
95-KA-00771-COA

Nelson, Joseph v. State of Mississippi Appeal No. 7696 from Judgment dated MARCH 10, 1994, Hancock County Circuit Court; rec'd via FAX RESPONSE DUE 5/14/96 5/10/96 rec'd hard copies 5/15/96 Sub. RH with record DISPOSITION - Petition for Rehearing denied. Order entered.


Billy G. Bridges, C. J.
93-KA-00956-COA

Jawara, Imo Kibwe and Robert Lewis Jones a/k/a Robert Cornelius Jones a/k/a "Mule" v. State of Mississippi Appeal No. 91105832 from Judgment dated AUGUST 18, 1993, Jackson County Circuit Court; DISPOSITION - Appellant's Motion for additional time within which to file petition for rehearing denied as untimely filed. Order entered.


EN BANC
94-CA-00724-COA

Jones, Paul H. v. William E. Morehead, Cathy Morehead, Larry Morehead and Mrs. Harvey Moore Appeal No. 8360 from Judgment dated JUNE 24, 1994, Coahoma County Circuit Court; DISPOSITION - Motion to supplement record denied without prejudice to refile. Order entered.


Mary Libby Payne, J.
94-CA-01099-COA

Wooten, Ella Louise Stewart v. Department of Human Services, State of Mississippi Appeal No. 142602 from Judgment dated OCTOBER 03, 1994, Hinds County Chancery Court, First Judicial District; DISPOSITION - Appellant's motion to expedite dismissed as moot. Order entered.


Roger H. McMillin, Jr., J.
95-CA-00112-COA

Delahoussaye, John v. Mary Mahoney's Inc Appeal No. 895456 from Judgment dated DECEMBER 14, 1994, Jackson County Circuit Court; DISPOSITION - Appellee's Motion for additional time within which to file Response to Petition for Rehearing granted. Response due by July 5, 1996. Order entered.


PER CURIAM
95-CA-00253-COA

OmniBank v. Mississippi College Appeal No. 9376402 from Judgment dated FEBRUARY 17, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Joint Motion to Dismiss appeal granted and appeal dismissed with prejudice. Each party to bear its own costs. 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; The judgment of the Chancery Court of the First Judicial District of Hinds County affirming the order of the Mississippi State Board of Medical Licensure is affirmed. Costs of this appeal are assessed to the appellant. Coleman, J., not participating.


Mary Libby Payne, J.
95-CA-00502-COA

P. L. G.: IN RE: ADOPTION OF S. C. A. v. L. J. G. and wife, S. M. G. Appeal No. 3080A from Judgment dated APRIL 17, 1995, Jackson County Chancery Court; the judgment of the Chancery Court of Jackson County is affirmed. All costs of this appeal are taxed to appellant.


James E. Thomas, P.J.
93-KA-00778-COA

Reaves, Charles Patrick v. State of Mississippi Appeal No. 92115 from Judgment dated MAY 07, 1993, Hinds County Circuit Court, First Judicial District; the judgment of the Circuit Court of Hinds County of conviction of murder and sentence of life imprisonment, as an habitual offender, in the custody of the Mississippi Department of Corrections is affirmed. The judgment of conviction of robbery and sentence of fifteen years concurrent with the life sentence is reversed and rendered. All costs are assessed to Hinds County.


James E. Thomas, P.J.
94-CA-01047-COA

Mashburn, William C. and Marcell Davis v. Wayne County, Mississippi Appeal No. 39322 from Judgment dated SEPTEMBER 16, 1994, Wayne County Circuit Court; the judgment of the Circuit Court of Wayne County is affirmed. Costs are taxed to the appellant.


James E. Thomas, P.J.
95-CA-00107-COA

W. R. M. & Associates d/b/a Service Master Building Maintenance v. Lou Ella Knox Appeal No. 92114CV1 from Judgment dated NOVEMBER 23, 1994, Lowndes County Circuit Court; the judgment of the Lowndes County Circuit Court is affirmed as to liability; the amount of damages is reversed and remanded for a hearing consistent with this opinion. Costs are taxed equally to appellant and appellee. Bridges, P.J., dissents in part, with separate written opinion joined by Payne, J.


James E. Thomas, P.J.
95-CA-00290-COA

Childers, David v. Tippah Electric Power Association Appeal No. T93184 from Judgment dated DECEMBER 08, 1994, Tippah County Circuit Court; the judgment of the Tippah County Circuit Court in favor of Tippah Electric Power Association is affirmed. All costs are assessed against the appellant.


James E. Thomas, P.J.
95-CC-00778-COA

Mississippi Employment Security Commission v. Margaret M. Brady Appeal No. 94166 from Judgment dated JUNE 21, 1995, Rankin County Circuit Court; the judgment of the Circuit Court of Rankin County is reversed and rendered. Costs are taxed to the appellee.


Leslie H. Southwick, J.
93-KA-00768-COA

Johnson, Darryl Fitzgerald a/k/a Darryal Fitzgerald Johnson v. State of Mississippi Appeal No. 27537 from Judgment dated JUNE 04, 1993, Harrison County Circuit Court, First Judicial District; the judgment of conviction of the Harrison County Circuit Court and sentence of twenty (20) years for Count I: possession of a controlled substance with intent to distribute; four (4) years for Count II: simple assault on a law enforcement officer; and twenty (20) years for Count III: aggravated assault, with the sentences for Count I and III to be served consecutively, and the sentences for Count I and II to be served concurrently, and to pay a fine of $30,000.00 is affirmed. All costs of this appeal are taxed to Harrison County. Thomas, P.J., not participating.


Leslie H. Southwick, J.
93-KA-01157-COA

Bumphis, Darnell v. State of Mississippi Appeal No. CR92113 from Judgment dated SEPTEMBER 24, 1993, Lee County Circuit Court; the judgment of the Lee County Circuit Court of conviction as a habitual offender of Count I: armed robbery and sentence of thirty (30) years in the custody of the Mississippi Department of Corrections and Count II: aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, sentences to run concurrently, is affirmed. All costs of this appeal are taxed to Lee County. King, J., dissents with separate written opinion, joined by Barber and Payne, JJ.


Leslie H. Southwick, J.
94-CA-00457-COA

Russell, Stephen Earl, Teresa Gayle Russell Chism, Twyla Ranell Russell Loftiss, Bentley Ray Russell, Patty Belinda Russell Stouffer, Pamila Diane Russell Starkey and Nina Angela Russell Zonzack v. Mississippi Transportation Commission Appeal No. 93287R from Judgment dated APRIL 19, 1994, Pontotoc County Special Court of Eminent Domain; the judgment of the Special Court of Eminent Domain of Pontotoc County is affirmed. All costs of this appeal are taxed to the appellants.


Leslie H. Southwick, J.
94-CA-00466-COA

Moorehead, Billy and First South Production Credit Association v. Banker's Standard Insurance Company, a Cigna Insurance Company Appeal No. 6578 from Judgment dated MARCH 15, 1994, Union County Circuit Court; the judgment of the Union County Circuit Court is affirmed and all costs of this appeal are taxed to the appellants. Coleman, J., not participating.


Leslie H. Southwick, J.
94-CA-00496-COA

Brown, Tyree W. v. Dow Chemical Company and Sonford Products Corporation Appeal No. 26606 from Judgment dated APRIL 12, 1994, Hinds County Circuit Court, First Judicial District; the judgment of the Circuit Court of the First Judicial District of Hinds County is affirmed. It is ordered that the appellant within thirty days show cause why his appeal should not be declared frivolous and why sanctions, in the form of costs and attorneys fees, should not be awarded. Costs of this appeal are assessed to appellant.


Mary Libby Payne, J.
94-CA-00038-COA

Haque, Abu Saeed Mohammad Zahurul v. Suraiya Begum Haque Appeal No. 12177 from Judgment dated NOVEMBER 10, 1993, Claiborne County Chancery Court; the judgment of the Chancery Court of Claiborne County is affirmed. Statutory damages and interest are awarded. All costs of this appeal are taxed to the appellant. Bridges, P.J., concurs in part and dissents in part with separate written opinion joined by Coleman and Southwick, JJ.


Mary Libby Payne, J.
94-CC-01291-COA

Shutt, Gordon Keith v. Dale's Restaurant and Aetna Casualty & Surety Company Appeal No. CV94289 from Judgment dated DECEMBER 05, 1994, Lee County Circuit Court; the judgment of the Lee County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Coleman, J., not participating.


Billy G. Bridges, C. J.
95-CA-00474-COA

Foretich, Jr., John v. City of Gulfport Appeal No. 9400391 from Judgment dated APRIL 21, 1995, Harrison County Circuit Court, First Judicial District; the judgment of the Harrison County Circuit Court is affirmed. All costs are taxed to the appellant. Thomas, P.J., and Payne, J., not participating.


Roger H. McMillin, Jr., J.
93-KA-00064-COA

Gilmore, Tony v. State of Mississippi Appeal No. 14249 from Judgment dated DECEMBER 11, 1992, Copiah County Circuit Court; the judgment of the Copiah County Circuit Court is reversed and this cause is remanded for a new trial. Costs of this appeal are assessed to Copiah County.


Roger H. McMillin, Jr., J.
93-KA-00976-COA

Heard, Eddie James a/k/a "Red" and Chantell Howard v. State of Mississippi Appeal No. CR93009 from Judgment dated JULY 29, 1993, Monroe County Circuit Court; the judgment of the Monroe County Circuit Court finding Eddie James Heard and Chantell Howard guilty of the crimes of Count One - sale of cocaine and sentence of twenty-five years and Count Two - conspiracy to sell cocaine and sentence of fifteen years to run consecutively with sentence in Count One and concurrently with sentence imposed in cause no. CR93-029, in the custody of the Mississippi Department of Corrections, is affirmed. Costs of this appeal are to be divided equally between Chantell Howard and Monroe County. King, J., concurs in result only with separate written opinion.


Roger H. McMillin, Jr., J.
95-KA-00013-COA

Clark, Raymond Lee v. State of Mississippi Appeal No. 27949 from Judgment dated APRIL 08, 1994, Harrison County Circuit Court, First Judicial District; the judgment of the Circuit Court of Harrison County finding Raymond Lee Clark guilty of the crime of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections is reversed and this cause remanded to the Harrison County Circuit Court. Costs of this appeal are assessed to Harrison County. Thomas, P.J., not participating.


Roger H. McMillin, Jr., J.
95-CA-00163-COA

Saucier, Linda, as Mother and Guardian of Sheila S v. Anthony Bell d/b/a Bay View Plaza Furniture, Inc. Appeal No. 9322506 from Judgment dated DECEMBER 08, 1994, Harrison County Circuit Court, First Judicial District; the judgment of the Circuit Court of Harrison County is affirmed. Costs of the appeal are assessed to the appellant. Payne, J., specially concurs with separate written opinion. Thomas, P.J., not participating.


Leslie D. King, J.
95-CA-00188-COA

Bollinger, Karen McAllister v. Kenney Ray Bollinger Appeal No. 933355 from Judgment dated FEBRUARY 03, 1995, DeSoto County Chancery Court; the judgment of the Chancery Court of Desoto County is affirmed. Appellant is taxed with all costs of this appeal.


Leslie D. King, J.
95-CA-00582-COA

Union Pontotoc Paving Co., Inc. v. Union County, Mississippi, a Political Subdivision of the State of Mississippi; Nicky Moore, Danny Jordan, Norman Treadaway, Bruce Sanford and E. H. Blythe, Individually and in Their Official Capacities as the Board of Supervisors of Union County, MS Appeal No. 6608 from Judgment dated MAY 03, 1995, Union County Circuit Court; the judgment of the Circuit Court of Union County is affirmed. Costs of this appeal are taxed to the appellant. McMillin, J., not participating.


Oliver E. Diaz, Jr., J.
92-KA-01048-COA

Drew, Tommy D. v. State of Mississippi Appeal No. 922287 from Judgment dated SEPTEMBER 16, 1992, Hinds County Circuit Court, First Judicial District; the judgment of the Hinds County Circuit Court of conviction of business burglary and sentence of seven years as a habitual offender in the custody of the Mississippi Department of Corrections is hereby affirmed. All costs of this appeal are taxed to Hinds County, Mississippi.


Oliver E. Diaz, Jr., J.
93-KA-01093-COA

Harris, Frank Stutts v. State of Mississippi Appeal No. 8201 from Judgment dated AUGUST 09, 1993, Coahoma County Circuit Court; the judgment of the Circuit Court of Coahoma County of conviction of robbery and sentence to serve fifteen years in the custody of the Mississippi Department of Corrections consecutive to any and all sentences previously imposed and pay restitution in the amount of $168.00 is hereby affirmed. All costs of this appeal are taxed to Coahoma County.


Oliver E. Diaz, Jr., J.
94-CA-00445-COA

Odem, Jimmy Dale v. Helene Fick Odem Appeal No. 6425 from Judgment dated FEBRUARY 28, 1994, Stone County Chancery Court; the judgment of the Stone County Chancery Court is affirmed. Costs of this appeal are taxed to the appellant.


Oliver E. Diaz, Jr., J.
95-CA-00395-COA

Bloodworth, Earl and wife, Opal R. Bloodworth v. Terry McCord and wife, Rhonda McCord, Sunburst Bank, Frank E. Goodman, Charles McCord, Bank of Mississippi, Sam Waits, Roland Thomas, Albert White, Jr., Anthony R. Arnold, William Earl Douglas, Tallahatchie County Bank, John Whitten, Jr., G. D. Cox, Sue L Appeal No. 193582 from Judgment dated MARCH 06, 1995, Tallahatchie County Chancery Court, First Judicial District; the judgment of the Tallahatchie County Chancery Court dated March 13, 1995 is affirmed. All costs of this appeal are taxed to the appellants.


Billy G. Bridges, C. J.
92-KA-00948-COA

McInnis, Corey Dan v. State of Mississippi Appeal No. 25889 from Judgment dated JANUARY 29, 1992, Harrison County Circuit Court, First Judicial District; the judgment of the Harrison County Circuit Court of conviction of aggravated assault and sentence of eighteen (18) years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Harrison County. Thomas, P.J., not participating.


Billy G. Bridges, C. J.
95-CA-00249-COA

Patel, Amrut R. and Amar Enterprises, Inc. v. Joel W. Howell, III Appeal No. 94321CIV from Judgment dated JANUARY 03, 1995, Hinds County Circuit Court, First Judicial District; the judgment of the Circuit Court of Hinds County is reversed and remanded with instructions to reinstate the verdict of the jury. All costs of this appeal are taxed to the appellee.