08/09/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Barnes, Donna M.
X  2003-CA-01665-COA

Deborah D. Barnett v. Houston B. Barnett, Jr.; Madison Chancery Court; LC Case #: 2001-573; Ruling Date: 06/06/2003; Ruling Judge: William Lutz; Majority Opinion: Barnes, J. Disposition: The judgment of the Madison County Chancery Court is reversed and remanded as to the classification of the Scudder Investment Account; all other issues on direct appeal and cross-appeal are affirmed. All costs of this appeal are assessed to the appellant and appellee equally. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

His Way, Inc., Cynthia L. Brunson and Gloria Moore v. Malcolm McMillin, D. Ann Neal and Sam Sumrall; Rankin Chancery Court; LC Case #: 53193; Ruling Date: 09/24/2003; Ruling Judge: John Grant, III; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Janie Stewart v. Singing River Hospital System and Sedgwick of MS, Inc.; Jackson Circuit Court; LC Case #: 2002-00251(3); Ruling Date: 08/31/2003; Ruling Judge: Robert Krebs; Majority Opinion: Barnes, J. Disposition: The judgment of the Circuit Court of Jackson County is reversed and remanded for proceedings consistent with this opinion. All costs of appeal are assessed to the appellees. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler and Griffis, JJ., Concur. Ishee, J., not participating.

EOG Resources, Inc., f/k/a Enron Oil & Gas Company, Nat Prestage, Douglas McKibben and Crownpointe Resources, Inc. v. Mark Turner and Nita Turner; Simpson Chancery Court; LC Case #: 97-0273; Ruling Date: 06/12/2003; Ruling Judge: J. Buffington; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Simpson County is reversed and rendered. All costs of this appeal are assessed to the appellees. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Griffis, Barnes and Ishee, JJ., concur.

Charles W. Rush v. Latresa A. Rush; Rankin Chancery Court; LC Case #: 51888; Ruling Date: 01/08/2004; Ruling Judge: John Grant, III; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Rankin County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Myers and Ishee, JJ., concur. Griffis, J., not participating. Concurring in Part and Dissenting in Part Opinion: Irving, J. Votes: Lee, P.J., and Barnes, J., join this opinion.

William F. Truax, III, Philip W. Shaw, Jr., Donnis Yates, Fred Kunz, Hannah Phillips, Frances Roberts and Jerry McCall v. City of Gulfport and Humane Society of South Mississippi, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-2002-527; Ruling Date: 04/22/2003; Ruling Judge: Kosta Vlahos; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Bridges and Lee, P.JJ., Chandler and Barnes, JJ., concur. Ishee, J., not participating. Dissenting Opinion: Irving, J. Votes: Griffis, J., joins this opinion.

Robert D. Parker v. Phyllis Grosskopf Parker; Madison Chancery Court; LC Case #: 2001-387; Ruling Date: 01/16/2004; Ruling Judge: William Lutz; Majority Opinion: Myers, J. Disposition: The judgment of the Chancery Court of Madison County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges, P.J., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur. Lee, P.J., not participating.

Estate of Lawrence Spiegel, Deceased v. Western Surety Company, Fidelity and Deposit Company of Maryland, Gayle Parker, Circuit Clerk of Harrison County, Mississippi, and Webb L. Lee, Former Circuit Clerk of Harrison County, Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-02-727; Ruling Date: 03/12/2004; Ruling Judge: Robert Evans; Majority Opinion: Myers, 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., Bridges and Lee, P.JJ., Chandler, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only. Griffis, J., not participating.

Labotchy Harris v. State of Mississippi; Lafayette Circuit Court; LC Case #: LK02-046; Ruling Date: 04/22/2003; Ruling Judge: Henry Lackey; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Lafayette County of conviction of Count I, burglary of a dwelling and sentence of twenty-five years; Count II, conviction of the sale of a stolen firearm and sentence of five years, and Count III, felon in possession of a firearm, as a habitual offender, and sentence of three years, is affirmed. The sentences in Counts II and III shall run consecutively and consecutively to the sentence in Count I, and all sentences are to be served in the custody of the Mississippi Department of Corrections. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Annie Pearl Rice; J. B. Brown; Minnie Hopkins; Deasia Hill, who sues by and through her mother and next friend, Cassandra Hill; Willie Brown; Brenda Roby; Bobbie Jean Roby; Antonio Roby, who sues by and through his next friend, Bobbie Jean Roby; Molly Foote; Julia M. Foote; Ruthie Cockrell; and Marvin Cockrell v. Perma Corporation; Noxubee Circuit Court; LC Case #: 2000-72; Ruling Date: 07/28/2003; Ruling Judge: Lee Howard; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Circuit Court of Noxubee County is affirmed and this appeal dismissed for lack of jurisdiction on the cross-appeal. All costs of this appeal are assessed to the appellants. Votes: King, C.J., Lee, P.J., Myers, Chandler, Griffis and Ishee, JJ., concur. Irving, J., concurs in result only. Barnes, J., not participating.

David Lee Barnes v. State of Mississippi; Covington Circuit Court; LC Case #: 2001-51K; Ruling Date: 07/19/2004; Ruling Judge: Robert Evans; Majority Opinion: Bridges, P.J. Disposition: The judgment of the Covington County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Covington County. Votes: King, C.J., Lee, P.J., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Rodney McBride v. State of Mississippi; Lee Circuit Court; LC Case #: CV04-021; Ruling Date: 02/17/2004; Ruling Judge: Sharion Aycock; Majority Opinion: Barnes, J. Disposition: The appellant's motion for rehearing is denied and the appellee's motion to modify opinion is granted. The original opinion is withdrawn and this opinion is substituted therefor. The judgment of the Circuit Court of Lee County denying post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis and Ishee, JJ., concur.

Jack Hayes and George S. Whitten, Sr. v. Leflore County Board of Supervisors; Leflore Chancery Court; LC Case #: G 98-0152; Ruling Date: 06/16/2003; Ruling Judge: William Willard, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Leflore County Chancery Court is reversed and rendered for proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges, P.J., Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., not participating.