Mississippi Court of Appeals

Hand Down Lists
August 06, 1996

08/06/1996 - Hand Down and published opinions in WordPerfect/ZIP format

PER CURIAM
93­KA­00078­COA

Moore, Birtett a/k/a Birtette Moore v. State of Mississippi Appeal No. 17892 from Judgment dated NOVEMBER 25, 1992, Lauderdale County Circuit Court; DISPOSITION ­ Moore's petition for writ of mandamus denied. Order entered.


Billy G. Bridges, P. J.
92­KA­00119­COA

Reynolds, Patrick Anthony and Ronald Kevin Lucas v. State of Mississippi Appeal No. 25591 from Judgment dated JULY 25, 1991, Harrison County Circuit Court, First Judicial District; The judgment of the Circuit Court of Harrison County of conviction of Patrick Anthony Reynolds of possession of more than a kilogram of marijuana with the intent to transfer or distribute and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections with five (5) years suspended and fine of $25,000 is hereby affirmed. The judgment of the Circuit Court of Harrison County of conviction of Ronald Kevin Lucas of possession of more than a kilogram of marijuana with the intent to transfer or distribute and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections with five (5) years suspended and fine of $15,000 is affirmed. Harrison County is taxed with all costs of this appeal. King, J., concurs in result only. Thomas, P.J., not participating.


Frank D. Barber, J.
93­KA­00028­COA

Handford, Jr., Madison v. State of Mississippi Appeal No. 4351 from Judgment dated OCTOBER 15, 1992, Scott County Circuit Court; The judgment of the Scott County Circuit Court of conviction of delivery of cocaine and sentence of thirteen (13) years in the custody of the Mississippi Department of Corrections with three (3) years suspended with conditions and to pay a fine of $5,000.00 is affirmed. Costs are assessed against Scott County.


John J. Fraiser, Jr., C.J.
93­KA­00308­COA

Jones, Johnny a/k/a "D­Johnny" v. State of Mississippi Appeal No. 8107 from Judgment dated FEBRUARY 19, 1993, Coahoma County Circuit Court; The judgment of the Coahoma County Circuit Court is reversed and this cause remanded for a new trial. All costs are taxed to Coahoma County


John J. Fraiser, Jr., C.J.
93­KA­00531­COA

Edwards, Terry Donnell v. State of Mississippi Appeal No. 6978 from Judgment dated APRIL 21, 1993, Montgomery County Circuit Court; The judgment of the Montgomery County Circuit Court of conviction on Count I, burglary of an inhabited dwelling and sentence of eight (8) years; Count II, kidnaping and sentence of thirty (30) years; and Count III, attempted rape and sentence of eight (8) years all to be served in the custody of the Mississippi Department of Corrections is affirmed. The sentences in Counts I and III to run concurrently with sentence in Count II and consecutively to any sentence previously imposed. Costs are taxed Montgomery County.


John J. Fraiser, Jr., C.J.
93­KA­00649­COA

Forshee, Leon v. State of Mississippi Appeal No. 12921 from Judgment dated MAY 06, 1993, Monroe County Circuit Court; The judgment of conviction of the Monroe County Circuit Court of sexual battery and sentence of ten (10) years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to the appellant.


John J. Fraiser, Jr., C.J.
93­KA­01349­COA

Brown, Vernon E. a/k/a "Hash" Brown v. State of Mississippi Appeal No. 93007 from Judgment dated OCTOBER 01, 1993, Itawamba County Circuit Court; The judgment of the Itawamba County Circuit Court of conviction of burglary and larceny of a commercial building and sentence of seven years in the custody of the Mississippi Department of Corrections, sentence not to be reduced or suspended, nor shall be eligible for parole or probation is affirmed. Costs of this appeal are taxed to Itawamba County.


John J. Fraiser, Jr., C.J.
94­KA­00138­COA

Walker, Lenois a/k/a Leenois O. Walker v. State of Mississippi Appeal No. 7493 from Judgment dated JANUARY 19, 1994, Yazoo County Circuit Court; The judgment of the Yazoo County Circuit Court of conviction for possession of cocaine and sentence of three years in the custody of the Mississippi Department of Corrections, one year suspended, two years to serve, and two years probation, is affirmed. Costs of this appeal are taxed to Yazoo County.


EN BANC
93­KA­00372­COA

Smith, Jeffrey v. State of Mississippi Appeal No. 22160 from Judgment dated MARCH 05, 1993, Leflore County Circuit Court; The judgment of the Circuit Court of Leflore County of conviction on Count One of burglary of a dwelling and sentence of ten years and the conviction on Count Two of attempted burglary of an occupied dwelling and sentence of fifteen years with five years suspended in the custody of the Mississippi Department of Corrections, with Count One to be consecutive to the revocation of a suspended sentence of four years and Count Two to be consecutive to the sentence in Count One is affirmed, but remanded with instructions. All costs are assessed to LefloreCounty.


EN BANC
93­KA­00381­COA

Smith, Jr., Melvin v. State of Mississippi Appeal No. 922464CRC from Judgment dated FEBRUARY 22, 1993, Hinds County Circuit Court, First Judicial District; The judgment of the First Judicial District of the Hinds County Circuit Court of conviction of armed robbery and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections with eight (8) years suspended, five (5) years supervised probation and seven (7) years to serve is affirmed. Costs are assessed against Hinds County.


EN BANC
93­CA­01084­COA

Banks, Ricky and Wayne Fondren v. E. L. G., a Minor, who sues by and through her Mother and Next Friend, C. A. G., and her Grandparents and Legal Custodians, C. N. and A. N. Appeal No. 9234 from Judgment dated JUNE 24, 1993, Chickasaw County Circuit Court, First Judicial District; DISPOSITION ­ Motion for Rehearing denied. Order entered. Fraiser, C.J., and Bridges, P.J., not participating.


James E. Thomas, P.J.
93­KA­01162­COA

Walker, Ronnie Joe v. State of Mississippi Appeal No. 7737 from Judgment dated FEBRUARY 28, 1991, Coahoma County Circuit Court; consolidated with 94­KA­00886­COA Ronnie Joe Walker v. State of Mississippi; Appeal No. 7737 from Judgment dated SEPTEMBER 01, 1994, Coahoma County Circuit Court; DISPOSITION ­ Motion for Rehearing denied. Order entered.


James E. Thomas, P.J.
94­KA­00886­COA

Walker, Ronnie Joe v. State of Mississippi Appeal No. 7737 from Judgment dated SEPTEMBER 01, 1994, Coahoma County Circuit Court; DISPOSITION ­ Motion for Rehearing denied. Order entered. consolidated with 93­KA­01162­COA Ronnie Joe Walker v. State of Mississippi; Appeal No. 7737 from Judgment dated FEBRUARY 28, 1991, Coahoma County Circuit Court


Frank D. Barber, J.
94­KA­00837­COA

Harris, Roger B. v. State of Mississippi Appeal No. 94118 from Judgment dated AUGUST 02, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION ­ Motion for Rehearing denied. Order entered.


Oliver E. Diaz, Jr., J.
95­CA­00725­COA

Neal, Betty Sue Tidwell v. Medric Jarone Neal Appeal No. 116035 from Judgment dated JUNE 29, 1995, Hinds County Chancery Court, First Judicial District; The judgment of the Chancery Court of the First Judicial District of Hinds County is hereby affirmed. All costs of this appeal are taxed to the Appellant.


PER CURIAM
93­CA­01280­COA

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; DISPOSITION ­ Appellee's Motion for additional time within which to file a response to the motion for rehearing granted. Response due by July 17, 1996. Order entered.


Roger H. McMillin, Jr., J.
93­CA­01406­COA

Golden Triangle Regional Health Corporation v. Board of Supervisors of Lowndes County, Mississippi Appeal No. 93018CV1 from Judgment dated NOVEMBER 08, 1993, Lowndes County Circuit Court; DISPOSITION ­ Motion of Baptist for leave to respond as amici curiae to the petition for rehearing filed by appellant granted. 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 1, 1994, Forrest County Circuit Court; DISPOSITION - Order entered correcting order of June 18, 1996, dismissing appeal. It is further ordered that the opinions in this case rendered by this Court on March 12, 1996, are hereby withdrawn. Order entered.


Roger H. McMillin, Jr., J.
94­CA­00440­COA

Diamond, Jack, Conservatorship of, by and through the Duly Authorized Conservator, Carle Cooper and Jack Diamond v. Foundation for Civic Development, Inc., A Mississippi Non-Profit Corporation; Margaret T. Tate, Individually and as President of the Foundation for Civic Development, Inc. and Erwin J. Smith Appeal No. 26664 from Judgment dated APRIL 15, 1994, Pearl River County Chancery Court; DISPOSITION ­ Jernigan's Motion to dismiss appeal is denied without prejudice to refile by an attorney of record. Order entered.


Leslie H. Southwick, J.
94­CA­00496­COA

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; DISPOSITION ­ Appellant's motion for a writ of error and application for a writ of error denied. Order entered.


PER CURIAM
94­CC­00739­COA

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; DISPOSITION ­ Appellee's Motion for additional time within which to file response to motion for rehearing granted. Response due by July 19, 1996. Order entered.


James E. Thomas, P.J.
94­CA­00941­COA

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; DISPOSITION ­ Appellee's Motion for suspension of M.R.A.P. 47 granted. Order entered.


James E. Thomas, P.J.
94­KA­01063­COA

Scott, Gladys and Jamie Scott v. State of Mississippi Appeal No. 4528 from Judgment dated OCTOBER 04, 1994, Scott County Circuit Court; DISPOSITION ­ Appellant's Motion to expedite the proceedings denied. Order entered.


PER CURIAM
94­KA­01068­COA

Davis, Willie L. v. State of Mississippi Appeal No. 8461 from Judgment dated AUGUST 18, 1994, Coahoma County Circuit Court; DISPOSITION ­ Appellant's Petition for Writ of Mandamus denied. Order entered.


PER CURIAM
94­CC­01231­COA

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; DISPOSITION ­ Appellee's Motion for additional time within which to file a motion for rehearing dismissed as moot. Order entered.


Frank D. Barber, J.
95­CA­00057­COA

Overbey, Lee v. Rachel Lee Overbey Austin Appeal No. 25725 from Judgment dated NOVEMBER 07, 1994, Leflore County Chancery Court; DISPOSITION ­ Appellee's Motion for additional time within which to file Petition for Rehearing granted. Petition for Rehearing due by July 23, 1996. Order entered.


James E. Thomas, P.J.
95­CA­00107­COA

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; DISPOSITION ­ Appellee's Motion for additional time within which to file a motion for rehearing granted. Motion for Rehearing due by July 26, 1996. Order entered.


Roger H. McMillin, Jr., J.
95­CC­00626­COA

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 ­ Appellant's Motion for additional time within which to file a motion for rehearing granted. Motion for rehearing due by July 24, 1996. Order entered.


Billy G. Bridges, C. J.
95­CA­00854­COA

Enis, Jean, Individually, Monroe County Rentals, Inc. and Elaine Boyd, All Jointly and Severally v. Thomas M. Caldwell Appeal No. 25097 from Judgment dated MAY 13, 1994, Monroe County Circuit Court; DISPOSITION ­ Motion to withdraw as counsel denied without prejudice to refile. Order entered.


James E. Thomas, P.J.
92­KA­01144­COA

Wade, Shelley L. v. State of Mississippi Appeal No. 13225 from Judgment dated MAY 11, 1992, Lafayette County Circuit Court; The judgment of the Circuit Court of Lafayette County of conviction of two counts of manslaughter by culpable negligence and sentence of fifteen years in the custody of the Mississippi Department of Corrections, with sentences to run concurrently and seven years suspended, is affirmed. Costs are assessed to the appellant.


Mary Libby Payne, J.
95­CC­00438­COA

Beck, Ola T. v. Packard Electric Division, General Motors Corporation Appeal No. 25194489 from Judgment dated MARCH 16, 1995, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Bridges, P.J., not participating.


James E. Thomas, P.J.
93­KA­00488­COA

Morgan, Ronald Winfred v. State of Mississippi Appeal No. CR92354CD from Judgment dated APRIL 23, 1993, DeSoto County Circuit Court; The judgment of the Circuit Court of DeSoto County of conviction of aggravated assault and sentence to serve 10 years in the Mississippi Department of Corrections with 5 years suspended pending further good behavior is affirmed; the five (5) years to be served as an habitual offender pursuant to section 99­19­81 of the Mississippi Code. Costs are taxed to appellant.


James E. Thomas, P.J.
93­KA­00794­COA

Blackmonm, Georgia Lee v. State of Mississippi Appeal No. 3089 from Judgment dated MAY 28, 1993, Carroll County Circuit Court, First Judicial District; The judgment of the Carroll County Circuit Court of conviction of murder and sentence to life imprisonment in the custody of the Mississippi Department of Corrections to be served consecutively to any other sentence previously imposed is affirmed. All costs are assessed to Carroll County.


James E. Thomas, P.J.
94­KA­00296­COA

Stanberry, III, Yett a/k/a "June Bug" v. State of Mississippi Appeal No. 8347 from Judgment dated JANUARY 25, 1994, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County of conviction of murder and sentence of life in the custody of the Mississippi Department of Corrections is affirmed. The sentence imposed herein shall be consecutive to any and all sentences previously imposed. Costs of appeal are taxed to Coahoma County.


James E. Thomas, P.J.
94­CC­01171­COA

Hemphill Construction Company, Inc. v. Mississippi Department of Transportation Appeal No. 153309 from Judgment dated OCTOBER 13, 1994, Hinds County Chancery Court, First Judicial District; The judgment of the Chancery Court of Hinds County in favor of the appellee is affirmed. All costs are assessed against the appellant.


James E. Thomas, P.J.
95­CA­00740­COA

Mississippi Commission on Environmental Quality v. Samson, Inc. v. Samson, Inc. Appeal No. 94199 from Judgment dated APRIL 24, 1995, Madison County Chancery Court; The judgment of the Chancery Court of Madison County is affirmed. Costs are taxed to the appellant.


Leslie H. Southwick, J.
92­KA­00881­COA

Ivy, Arthur Lee v. State of Mississippi Appeal No. 30291 from Judgment dated APRIL 22, 1992, Lauderdale County Circuit Court; The judgment of conviction of the Lauderdale County Circuit Court of sale of cocaine and sentence of twenty­five years in the custody of the Mississippi Department of Corrections to run consecutively to sentence previously imposed in No. 168­90 and order to pay a fine of four thousand dollars ($4,000.00), is affirmed. All costs of this appeal are taxed to Lauderdale County.


Leslie H. Southwick, J.
94­CA­00163­COA

Richardson, Jeffrey, In the Matter of the Estate of: Darlene Jones, Mary Gillespie and Browyn Young v. Estate of Jeffrey Richardson Appeal No. P3423 from Judgment dated MARCH 05, 1993, Jackson County Chancery Court; The judgment of the Jackson County Chancery Court is vacated and this appeal dismissed. All costs of this appeal are taxed equally between the parties.


Leslie H. Southwick, J.
95­CC­00694­COA

Sanderson Farms, Inc. and Liberty Mutual Insurance Company v. Elizabeth Keys, Kendrick Keys, James Handy Keys and Tosha Keys, Dependents of Rufus Dewayne Keys, Deceased Appeal No. 9411158 from Judgment dated MAY 30, 1995, Jones County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Jones County is reversed and the order of the Mississippi Workers' Compensation Commission is reinstated. All costs of this appeal are taxed to the appellees.


Leslie H. Southwick, J.
95­CC­00998­COA

Montgomery, James E. v. Cooper Tire & Rubber Company Appeal No. 94297 from Judgment dated AUGUST 31, 1995, Lee County Circuit Court; The judgment of the Lee County Circuit Court denying dismissal of the appeal is affirmed and the judgment denying permanent partial disability benefits is reversed and the order of the Mississippi Workers' Compensation Commission is reinstated. The costs of this appeal are taxed equally to the parties.


Mary Libby Payne, J.
93­KA­00139­COA

Smith, John D. v. State of Mississippi Appeal No. 913350CRC from Judgment dated JANUARY 28, 1993, Hinds County Circuit Court, First Judicial District; the judgment of the Circuit Court of Hinds County of conviction of murder and sentence to life in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Hinds County.


Mary Libby Payne, J.
94­CA­00531­COA

Jenkins, Edmond Allen and Donna B. Jenkins v. Eldon Thomas Jenkins, Earl Burnell Jenkins, Lavelle Jenkins McRee, Alice Jenkins Thompson, Edmund Burke Jenkins, Robert Eugene Jenkins, Francis Jenkins Simmons, Shirley Jenkins Sessions, Sara Ann Jenkins White, Henrietta Jenkins Buckley and Dilly Jenkins Appeal No. 26778 from Judgment dated MAY 09, 1994, Copiah County Chancery Court; The judgment of the Chancery Court of Copiah County is affirmed. All costs of this appeal are taxed to the appellants.


Mary Libby Payne, J.
94­CA­00689­COA

Robinson, Jr., Bedford C., Samuel Robinson, Dorothy Dean Robinson and Mattie Robinson Dawson v. Timberland Management Services, Inc. Appeal No. 10946 from Judgment dated JULY 06, 1994, Amite County Chancery Court; The judgment of the Chancery Court of Amite County is affirmed. All costs of this appeal are taxed to the appellants. Coleman, J., not participating.


Mary Libby Payne, J.
95­KA­00312­COA

Hendricks, James Andre' a/k/a James Andre Hendricks v. State of Mississippi Appeal No. 11763 from Judgment dated DECEMBER 16, 1994, Warren County Circuit Court; The judgment of the Circuit Court of Warren County of conviction of manslaughter and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections as an habitual offender is affirmed. All costs of this appeal are taxed to Warren County.


Oliver E. Diaz, Jr., J.
95­KA­00019­COA

Lofton, Dale O. v. State of Mississippi Appeal No. 921457 from Judgment dated NOVEMBER 16, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court of conviction of murder and sentence of life in the Mississippi Department of Corrections is hereby affirmed. All costs of this appeal are taxed to the appellant.


Roger H. McMillin, Jr., J.
92­KA­01317­COA

Jordan, Billy Ray a/k/a Henry Lee McGinnis v. State of Mississippi Appeal No. 13835 from Judgment dated DECEMBER 11, 1992, Copiah County Circuit Court; The judgment of the Circuit Court of Copiah County of conviction of armed robbery and sentence of thirty­five (35) years in the custody of the Mississippi Department of Corrections to run consecutively to any other sentence is affirmed. Costs are assessed to Copiah County.


Roger H. McMillin, Jr., J.
93­KA­00427­COA

Campbell, Bobby v. State of Mississippi Appeal No. 4468 from Judgment dated APRIL 13, 1993, Newton County Circuit Court; The judgment of the Newton County Circuit Court is reversed and this cause remanded for a new trial. Costs of this appeal are assessed to Newton County. Bridges, P.J., not participating.


Leslie D. King, J.
93­KA­00013­COA

White, Kenneth K. a/k/a Kenneth K. White, Sr. v. State of Mississippi Appeal No. 3533 from Judgment dated SEPTEMBER 25, 1992, Rankin County Circuit Court; The judgment of the Circuit Court of Rankin County of conviction of manslaughter and sentence of 18 years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are taxed to Rankin County. Bridges, P.J., not participating.


Leslie D. King, J.
94­CA­00329­COA

Richmond, Brian K. d/b/a Automotive Finishes v. DeSoto County Board of Supervisors Appeal No. 93259 from Judgment dated MARCH 03, 1994, DeSoto County Circuit Court; The judgment of the Circuit Court of DeSoto County is affirmed. Appellant is taxed with costs of this appeal.


Leslie D. King, J.
94­CC­01020­COA

Olen Burrage Trucking, Incorporated and Howard Industries, Incorporated v. Samuel Catchings, Sr. Appeal No. 94789 from Judgment dated SEPTEMBER 15, 1994, Jones County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Jones County, Mississippi, is affirmed. Statutory damages and interest are awarded. Costs of this appeal are taxed to the appellants.


Leslie D. King, J.
95­CA­00031­COA

Ferguson, Eddie v. Marshall Durbin Farms, Inc. and James Edwards Appeal No. 7651 from Judgment dated MARCH 21, 1994, Neshoba County Circuit Court; The judgment of the Circuit Court of Neshoba County is affirmed. Appellant is taxed with all costs of this appeal


Oliver E. Diaz, Jr., J.
93­KA­00026­COA

Lewis, Larry Dale and Jamie Lewis v. State of Mississippi Appeal No. 4402 from Judgment dated OCTOBER 21, 1992, Scott County Circuit Court; The judgment and conviction of the Scott County Circuit Court finding Larry Dale Lewis guilty of armed robbery with sentence of thirty­three (33) years in the Mississippi Department of Corrections, and Jamie Lewis guilty of armed robbery with sentence of twenty­five years (25) years in the custody of the Mississippi Department of Corrections is affirmed. Costs of this appeal are taxed to Scott County.


Oliver E. Diaz, Jr., J.
93­KA­00260­COA

Adcox, Michael v. State of Mississippi Appeal No. 4456 from Judgment dated FEBRUARY 24, 1993, Scott County Circuit Court; The judgment of conviction of burglary of a business and sentence of seven (7) years in the custody of the Mississippi Department of Corrections, to run consecutively to sentence Adcox is presently serving in the Scott County Circuit Court is affirmed. Costs of this appeal are taxed to Scott County.


Oliver E. Diaz, Jr., J.
93­KA­00573­COA

Brewer, Verletta v. State of Mississippi Appeal No. 5966 from Judgment dated MARCH 19, 1993, Noxubee County Circuit Court; The judgment of conviction of the Noxubee County Circuit Court finding Verletta Brewer guilty of aggravated assault on a law enforcement officer and sentence of thirty years in the Mississippi Department of Corrections is affirmed. Costs of this appeal are taxed to Noxubee County.


Oliver E. Diaz, Jr., J.
93­KA­00993­COA

Townsend, Willie Charles v. State of Mississippi Appeal No. 4466 from Judgment dated JUNE 16, 1993, Scott County Circuit Court; The judgment of the Scott County Circuit Court of conviction of armed robbery and sentenced as a habitual offender to serve 33 years in the custody of the Mississippi Department of Corrections is hereby affirmed. All costs of this appeal are taxed to Scott County.


Oliver E. Diaz, Jr., J.
93­KA­01339­COA

McBroom, Linda Diane a/k/a Linda Dianne McBroom v. State of Mississippi Appeal No. 11031P from Judgment dated SEPTEMBER 10, 1993, Warren County Circuit Court; The judgment of the Circuit Court of Warren County is hereby reversed and remanded. All costs of this appeal are taxed to Warren County.


Oliver E. Diaz, Jr., J.
94­CA­00856­COA

Pittman, Rebecca v. Dr. Wayne Sturdivant Appeal No. 12670 from Judgment dated JULY 21, 1994, Marion County Circuit Court; The judgment of the Circuit Court of Marion County is hereby affirmed. All costs of this appeal are taxed to the appellant. Payne, J., not participating.


Oliver E. Diaz, Jr., J.
94­CA­00929­COA

Thompson, Peggy v. Glen D. Smith Appeal No. 9170156 from Judgment dated APRIL 08, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is hereby affirmed. All costs of this appeal are taxed to the appellant. Fraiser, C.J., concurs in result only.


Oliver E. Diaz, Jr., J.
94­CA­00231­COA

Stewart, Sr., Harry A. and Betty D. Stewart v. Merchants National Bank, Vicksburg, Mississippi Appeal No. 26880 from Judgment dated DECEMBER 10, 1993, Madison County Chancery Court; The judgment of the Madison County Chancery Court is reversed. This cause is remanded for further proceedings. Costs of this appeal are taxed to the appellee. McMillin, J., dissents with separate written opinion joined by Fraiser, C.J., and Southwick, J.