07/26/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Ishee, David Michael
X  2003-CA-02569-COA

Jo P. Wilson Deal v. Joseph L. Wilson; Rankin Chancery Court; LC Case #: 43265; Ruling Date: 10/22/2003; Ruling Judge: Edward Prisock; Consolidated with 2004-CA-01036-COA Jo P. Wilson Deal v. Joseph L. Wilson; Rankin Chancery Court; LC Case #: 43265; Ruling Date: 02/06/2004; Ruling Judge: Edward Prisock; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Rankin County of Division of Property is affirmed. The setting of supersedeas bond is reversed and remanded for further proceedings consistent with the terms of this opinion. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

The Mississippi Insurance Guaranty Association; Daniel P. Dare, M.D.; and River Region Medical Corporation v. Dot Brewer; Hinds Circuit Court 1st District; LC Case #: 251-96-751; Ruling Date: 12/09/2003; Ruling Judge: Bobby DeLaughter; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Hinds County is reversed and remanded. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler and Barnes, JJ., concur. Griffis, J., not participating.

Cindy Lea (Greene) Marter v. Jeffrey Duane Marter; Grenada Chancery Court; LC Case #: 02-09-255ML; Ruling Date: 12/16/2003; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Grenada County awarding paramount physical custody of the children, Rebecca L. Marter and Lorrin E. Marter, to their father, Jeffrey D. Marter is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

Willie Curtis Jacox v. Circus Circus Mississippi, Inc. d/b/a Gold Strike Casino Resort; Tunica Circuit Court; LC Case #: 2003-0080-KT; Ruling Date: 07/06/2004; Ruling Judge: Kenneth Thomas; Majority Opinion: Ishee, J. Disposition: The judgment of the Tunica County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Barnes, JJ., concur.

Truman S. McElveen v. Croft Metals, Inc., and Liberty Mutual Insurance Company; Pike Circuit Court; LC Case #: 02-069-A; Ruling Date: 06/27/2003; Ruling Judge: Keith Starrett; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Pike County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

M.W.F. v. D.D.F.; Greene Chancery Court; LC Case #: 2003-19; Ruling Date: 11/12/2003; Ruling Judge: Jaye Bradley; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Greene County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Jerry M. Harvey v. Carolyn R. Harvey; Rankin Chancery Court; LC Case #: 52166; Ruling Date: 05/30/2003; Ruling Judge: Thomas Zebert; Majority Opinion: Griffis, J. Disposition: The judgment of the Rankin County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Marlon Israel Morris v. State of Mississippi; Jackson Circuit Court; LC Case #: 02-00,068; Ruling Date: 04/06/2004; Ruling Judge: Robert Krebs; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Jackson County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Jackson County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Robert Lee Joshua v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2003-00253; Ruling Date: 04/29/2004; Ruling Judge: Stephen Simpson; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Harrison County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Gregory Elkins a/k/a Gregory Glenn Elkins v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2002-0207-CR; Ruling Date: 11/03/2003; Ruling Judge: Lee Howard; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction of fondling and sentence of ten years in the custody of the Mississippi Department of Corrections and five years of post-release supervision is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Griffis and Ishee, JJ., concur. Barnes, J., concurs in part and in result. Irving, J., concurs in result only.

Frito-Lay, Inc. and Continental Casualty Company (CNA Insurance Companies) v. James Leatherwood; Panola Circuit Court 1st District; LC Case #: CV2003-0177BP1; Ruling Date: 05/10/2004; Ruling Judge: Andrew Baker; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Panola County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Terri Lynn Summers v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 2401-2002-215; Ruling Date: 01/26/2004; Ruling Judge: Stephen Simpson; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to Harrison County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Reginald Demond Sims a/k/a Reginald Simms v. State of Mississippi; Warren Circuit Court; LC Case #: 03,0037-CR-P2; Ruling Date: 09/30/2003; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Warren County Circuit Court of conviction of Count I of aggravated assault and sentence of twelve years and Count II of conviction of aggravated assault and sentence of five years, with sentence to run consecutive to Count I, for a total of seventeen years, not as a first offender, all in the custody of the Mississippi Department of Corrections, is affirmed. All cost of this appeal are assessed to Warren County. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Patricia Ann Larney, f/k/a Patricia Ann Record v. Timothy Daniel Record; Rankin Chancery Court; LC Case #: 52,189; Ruling Date: 11/13/2003; Ruling Judge: Thomas Zebert; Majority Opinion: King, C.J. Disposition: The judgment of the Chancery Court of Rankin County is affirmed. Costs of this appeal are assessed to the appellant. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Ron Parmley d/b/a A Classic Wrecker, by and Through Counsel v. 84 Lumber Company, Millcreek Trucking Company, Inc. and Jason Gartman; Harrison Circuit Court 1st District; LC Case #: A2401-99-00393; Ruling Date: 05/16/2002; Ruling Judge: Robert Walker; Consolidated with 2003-CA-02494-COA Ron Parmley d/b/a A Classic Wrecker v. 84 Lumber Company, Millcreek Trucking Company, Inc., Jason Gartman and Tim Gaffney; Harrison Circuit Court 1st District; LC Case #: A2401-99-00393; Ruling Date: 10/15/2003; Ruling Judge: Robert Walker; Disposition: Appellant's motion for rehearing is denied.

Bobby T. Williams and Peggy Williams v. Hugh A. Gamble, II, M.D., John M. Brooks, M.D., and Gamble Brothers & Archer Clinic, P.A.; Washington Circuit Court; LC Case #: CI20-0054; Ruling Date: 05/24/2002; Ruling Judge: Betty Sanders; Disposition: Appellant's motion for rehearing is denied.

Russell Hill a/k/a Russell K. Hill v. State of Mississippi; Lamar Circuit Court; LC Case #: 2001-K-261E; Ruling Date: 11/08/2002; Ruling Judge: Michael Eubanks; Consolidated with 2003-KA-00730-COA Russell Hill a/k/a Russell K. Hill v. State of Mississippi; Lamar Circuit Court; LC Case #: 2001-K-341E; Ruling Date: 02/24/2003; Ruling Judge: Michael Eubanks; Disposition: Appellant's motion for rehearing is denied.

Christopher Lee Bankston v. State of Mississippi; Grenada Circuit Court; LC Case #: 2002-0121-CR; Ruling Date: 02/06/2003; Ruling Judge: Joseph Loper, Jr.; Disposition: Appellant's motion for rehearing is denied.

Oliver Johns, Jr. v. State of Mississippi; Pike Circuit Court; LC Case #: 03-022-B; Ruling Date: 03/06/2003; Ruling Judge: Mike Smith; Disposition: Appellant's motion for rehearing is denied.

Albert Smith v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 99-1-077; Ruling Date: 02/05/2003; Ruling Judge: Bobby DeLaughter; Disposition: Appellant's motion for rehearing is denied.

Siedrick Raiford v. State of Mississippi; Tunica Circuit Court; LC Case #: 2002-0037; Ruling Date: 03/27/2003; Ruling Judge: Larry Lewis; Disposition: Appellant's motion for rehearing is denied.

Tommy Banks a/k/a Tommy Earl Banks (Harry) v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-533; Ruling Date: 05/27/2003; Ruling Judge: Bobby DeLaughter; Disposition: Appellant's motion for rehearing is denied.

Billy Ray Dunaway v. State of Mississippi; Pike Circuit Court; LC Case #: 02-167-KB; Ruling Date: 11/22/2002; Ruling Judge: Mike Smith; Disposition: Appellant's motion for rehearing is denied.

James Lynwood Bergeron v. State of Mississippi; Adams Circuit Court; LC Case #: 02-KR-0142-J; Ruling Date: 11/04/2002; Ruling Judge: Forrest Johnson, Jr.; Disposition: Appellant's motion for rehearing is denied.

Pike County Board of Supervisors and Mississippi Public Entity Workers' Compensation Trust v. Otis Varnado; Pike Circuit Court; LC Case #: 02-167-A; Ruling Date: 09/12/2003; Ruling Judge: Keith Starrett; Disposition: Appellant's motion for rehearing is denied.

Dewayne Frazier a/k/a Dennis Green a/ka Walter Dennis Green v. State of Mississippi; Calhoun Circuit Court; LC Case #: CK2002-056A; Ruling Date: 08/13/2003; Ruling Judge: Andrew Howorth; Disposition: Appellant's motion for rehearing is denied.

Joseph Thompson, By and Through His Mother and Next Friend, Nancy Thompson v. Lee County School District; Lee Circuit Court; LC Case #: CV99-245(G)L; Ruling Date: 10/09/2003; Ruling Judge: Thomas Gardner, III; Disposition: Appellee's motion for rehearing is denied. Barnes, J., not participating.

Anthony Ray Rowlett v. State of Mississippi; Calhoun Circuit Court; LC Case #: 2000-035; Ruling Date: 09/18/2003; Ruling Judge: Andrew Howorth; Disposition: Appellant's motion for rehearing is denied.

J.N.W.E. v. W.D.W.; Yazoo Chancery Court; LC Case #: 01-0341; Ruling Date: 04/08/2004; Ruling Judge: Janace Goree; Majority Opinion: Griffis, J. Disposition: The judgment of the Yazoo County Chancery Court is affirmed. The costs of this appeal are assessed to the appellant. Votes: Bridges, P.J., Myers, Chandler and Ishee, JJ., concur. Concurring in Part and Dissenting in Part Opinion: Irving, J. Votes: King, C.J., Lee, P.J. and Barnes, J., join this opinion.

Bryan Foods, Inc. v. James David White; Clay Circuit Court; LC Case #: 2003-0103; Ruling Date: 01/16/2004; Ruling Judge: James Kitchens, Jr.; Disposition: Appellant's motion for rehearing is denied.

Arvin Dale Rochell v. State of Mississippi; Calhoun Circuit Court; LC Case #: C2004-04; Ruling Date: 02/20/2004; Ruling Judge: Andrew Howorth; Disposition: Appellant's motion for rehearing is denied.