08/08/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
X  2005-CC-00654-COA

Bedford Care Center v. Vicky L. Kirk; Forrest Circuit Court; LC Case #: C104-0036; Ruling Date: 03/14/2005; Ruling Judge: Robert Helfrich; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Forrest County is reversed and rendered. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

Derrick Cordell Harris v. State of Mississippi; Wayne Circuit Court; LC Case #: CV-2004-116(R); Ruling Date: 02/22/2005; Ruling Judge: Larry Roberts; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Wayne County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Wayne County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis and Ishee, JJ., concur. Roberts, J., not participating.

Billie Joe Hayes v. State of Mississippi; Attala Circuit Court; LC Case #: 05-0170-CV-L; Ruling Date: 06/27/2005; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Attala County dismissing the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Attala County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

Steven Daniel Rumfelt v. State of Mississippi; Yalobusha Circuit Court 2nd District; LC Case #: 2003-27-B-(Y2); Ruling Date: 11/19/2004; Ruling Judge: Andrew Baker; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Yalobusha County of conviction of felony child abuse with a sentence of twenty years incarceration in the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Yalobusha County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Marcey T. Jones v. Southern United Fire Insurance and Alpha Insurance Agency, Inc.; Hinds Chancery Court 2nd District; LC Case #: G2004-969-S-2; Ruling Date: 01/21/2005; Ruling Judge: William Singletary; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Kendrick Brown v. State of Mississippi; Madison Circuit Court; LC Case #: 2005-0073(C); Ruling Date: 04/12/2005; Ruling Judge: William Chapman, III; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Madison County dismissing the petition for post-conviction relief is affirmed. All costs of this appeal are assessed to Madison County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Edna Earl Graham v. State of Mississippi; Neshoba Circuit Court; LC Case #: 04-CR-031-NS-C; Ruling Date: 07/22/2004; Ruling Judge: V. Cotten; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Neshoba County of conviction in Count I of sale of a Schedule IV controlled substance (Clonazapam) and conviction in Count II of sale of Schedule III controlled substance (Hydrocodone) and sentence of ten years in the custody of the Mississippi Department of Corrections on Count I and ten years in the custody of the Mississippi Department of Corrections on Count II, to run consecutively to the sentence in Count I, is affirmed. The court's suspension of four years, leaving sixteen years to serve, is also affirmed. The four years of ordered probation is also affirmed. All costs of this appeal are assessed to Neshoba County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Michael Morris and Claire Morris v. Ford Motor Company, Texas Instruments Incorporated and Tom Wimberly Auto World, Inc.; Madison Circuit Court; LC Case #: CI-2001-0075; Ruling Date: 09/10/2004; Ruling Judge: William Chapman, III; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Madison County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee, P.J. and Ishee, J., concur. Southwick, J., concurs in result only without separate written opinion. Roberts, J., dissents with separate written opinion, joined by Myers, P.J., Chandler and Barnes, JJ. Griffis, J., not participating. Dissenting Opinion: Roberts, J. Votes: Myers, P.J., Chandler and Barnes, JJ., join this opinion.

Janice Amanda (Winter) Franklin v. Robert Milner Winter; Jackson Chancery Court; LC Case #: 99-1719GB; Ruling Date: 07/09/2004; Ruling Judge: Glenn Barlow; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Jackson County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Lois Richardson v. Grand Casinos of Mississippi, Inc.- Gulfport, LLC; Harrison Circuit Court 1st District; LC Case #: A-2401-2002-00434; Ruling Date: 03/08/2005; Ruling Judge: Stephen Simpson; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Easy Reach, Inc. (formerly Easy Reach Brush, Inc.) and Brant L. Cedotal v. Hub City Brush, Inc.; Forrest Chancery Court; LC Case #: 04-0057-GN-W; Ruling Date: 11/12/2004; Ruling Judge: Johnny Williams; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Forrest County upholding non-competition clause is affirmed as to the shareholder non-competition clause and reversed and rendered as to the Easy Reach non-competition clause. All costs of this appeal are to be split equally between the appellee and the appellants. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Larry Dozier v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2005-0044-M; Ruling Date: 05/16/2005; Ruling Judge: Richard Smith; Majority Opinion: Southwick, J. Disposition: The judgment of the Circuit Court of Sunflower County denying post-conviction collateral relief is affirmed. All costs of this appeal are assessed to Sunflower County. Votes: Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. King, C.J., concurs in result only.

Piney Woods Country Life School, Legion Insurance Company (in liquidation) and Mississippi Insurance Guaranty Association (as successor in interest) v. Judy Ann Young; Rankin Circuit Court; LC Case #: 2005-142(C); Ruling Date: 09/09/2005; Ruling Judge: William Chapman, III; Majority Opinion: Southwick, J. Disposition: The judgment of the Rankin County Circuit Court is affirmed on direct appeal and is reversed and remanded on cross-appeal. All costs of this appeal are assessed one-half to the appellants/cross-appellees and one-half to the appellee/cross-appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

James Curtis Kelly v. State of Mississippi; Rankin Circuit Court; LC Case #: 15396; Ruling Date: 08/31/2004; Ruling Judge: Kent McDaniel; Majority Opinion: King, C.J. Disposition: The judgment of the Rankin County Circuit Court of conviction of grand larceny and sentence as an habitual offender to life imprisonment without the possibility of parole in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Rankin County. Votes: Lee and Myers, P.JJ., Southwick, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur. Irving, J., concurs in result only.

Cunningham Enterprises, Inc. d/b/a Campbell's Glass Window & Door Company, a Member of the BCAM Self-Insurers' Fund v. Cary A. Vowell; Marshall Circuit Court; LC Case #: M2004-522; Ruling Date: 05/31/2005; Ruling Judge: Henry Lackey; Majority Opinion: King, C.J. Disposition: The appeal of the judgment of the Marshall County Circuit Court which dismissed the interlocutory appeal is hereby affirmed. All costs of this appeal are assessed to appellant. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur. Southwick, J., concurs with separate written opinion joined by Chandler, Griffis, Barnes and Roberts, JJ. Concurring Opinion: Southwick, J. Votes: Chandler, Griffis, Barnes and Roberts, JJ., join this opinion.

Johnny Powe and Melinda Powe v. Roy Anderson Construction Company, Inc., and ADS, L.L.C.; Harrison Circuit Court 1st District; LC Case #: A2401-03-00297; Ruling Date: 04/01/2004; Ruling Judge: Jerry Terry, Sr.; Disposition: The appellants' motion for rehearing is denied. Southwick and Roberts, JJ., not participating. Order entered.

O'Neal Biggs v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,198(3)(1); Ruling Date: 04/15/2004; Ruling Judge: Robert Krebs; Disposition: The Appellant's motion for rehearing is denied. Southwick, Ishee and Roberts, JJ., not participating. Order entered.

Shirley Hodge Funderburk v. Milton Johnson, Individually and in his capacity as an officer of Hyde Brothers Lumber Company; Ginger Johnson, Individually and in her capacity as an officer of Hyde Brothers Lumber Company; and Hyde Brothers Lumber Company d/b/a True Value Hardware Store; Tunica Circuit Court; LC Case #: 01-0165; Ruling Date: 05/12/2004; Ruling Judge: Albert Smith, III; Disposition: The Appellant's motion for rehearing is denied. Griffis J., not participating. Order entered.

Robert H. Jordan v. State of Mississippi; Marshall Circuit Court; LC Case #: M2004-385; Ruling Date: 10/25/2004; Ruling Judge: Andrew Howorth; Disposition: The appellant's motion for rehearing is denied. Order entered.

The Estate of Ladell Beckley, Deceased: Clarence Beckley, as Executor v. John Beckley; Pontotoc Chancery Court; LC Case #: 2002-0047; Ruling Date: 02/22/2005; Ruling Judge: Jason Floyd, Jr.; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Pontotoc County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ. and Barnes, J., concur. Chandler, J., dissents with separate written opinion, joined by Southwick, Irving, Griffis and Roberts, JJ. Dissenting Opinion: Chandler, J. Votes: Southwick, Irving, Griffis and Roberts, JJ., join this opinion.

Gerald Jones v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK02-233; Ruling Date: 01/09/2003; Ruling Judge: Henry Lackey; Disposition: On the Court's own motion, this appeal is dismissed for lack of jurisdiction. Order entered.