Mississippi Court of AppealsHand Down List
September 2, 2003
09/02/2003 - Hand Down and published opinions in WordPerfect/ZIP format
Griffis, T. Kenneth
X 2002-CA-00730-COA
Ann Hatcher McLaurin v. John H. McLaurin; Newton Chancery Court; LC Case #: 2001-N011; Ruling Date: 04/15/2002; Ruling Judge: H. Clark, II; Majority Opinion: Griffis, J. Disposition: The judgment of the Newton County Chancery Court is affirmed. All costs are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., concur.
Griffis, T. Kenneth
X 2002-CA-00936-COA
Edna Kent, Individually and as Mother and Next Friend of Candice N. Cain, a Minor v. Baptist Memorial Hospital - North Mississippi, Inc. and Dr. J. Keith Mansel; Lafayette Circuit Court; LC Case #: L95-456; Ruling Date: 04/11/2002; Ruling Judge: Henry Lackey; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Lafayette County is affirmed. Costs are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., concur.
Myers, William H.
XX 2002-CA-00396-COA
Tally Arms Condominium Association, Inc. v. Norman Breland and Whitney National Bank; Harrison Chancery Court 1st District; LC Case #: 01-01163; Ruling Date: 02/20/2002; Ruling Judge: Sanford Steckler; Majority Opinion: Myers, J. Disposition: The judgment of the Harrison County Chancery Court is affirmed. Costs are assessed to the appellant. Votes: King, P.J., Bridges, Chandler and Griffis, JJ., Concur. Thomas, J., not participating. Dissenting Opinion: Southwick, P.J. Votes: McMillin, C.J., Lee and Irving, JJ., join this opinion.
Myers, William H.
X 2002-CA-00741-COA
Anita H. Linton and Husband, Harley Linton v. Frank L. Cross and Fredna S. Cross; Lauderdale Chancery Court; LC Case #: 99-950-M; Ruling Date: 02/01/2002; Ruling Judge: Jerry Mason; Majority Opinion: Myers, J. Disposition: The judgment of the Chancery Court of Lauderdale County is affirmed. All costs of this appeal are assessed to the appellants. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Chandler and Griffis, JJ., concur.
Irving, Tyree
X 2002-KA-00882-COA
Freddie Lee Parks v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0258-CR; Ruling Date: 04/17/2002; Ruling Judge: John Montgomery; Majority Opinion: Irving, J. Disposition: The judgment of the Oktibbeha County Circuit Court of the conviction of possession of greater than thirty grams but less than 250 grams of marijuana and sentence to serve a term of three years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Oktibbeha County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers, Chandler and Griffis, JJ., Concur.
Southwick, Leslie H.
XX 2002-CA-00532-COA
Joseph Griffith v. Sue Ann Pell, Next Friend and Parent of Stephanie Ann Pell, Minor; Warren Chancery Court; LC Case #: 00-072GN; Ruling Date: 02/12/2002; Ruling Judge: Jane Weathersby; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Warren County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., concur. Dissenting Opinion: Griffis, J.
Southwick, Leslie H.
X 2002-KA-01221-COA
Boris Harper v. State of Mississippi; Coahoma Circuit Court; LC Case #: 01-0016; Ruling Date: 04/03/2002; Ruling Judge: Albert Smith, III; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Coahoma County Circuit Court of conviction of Count One capital murder and sentence of life; and three Counts of aggravated assault and sentence of twenty years on each Count, all to run consecutively to each other and to any and all sentences previously imposed in the custody of the Mississippi Department of Corrections without the possibility of parole is affirmed. Costs of this appeal are assessed to Coahoma County. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.
Southwick, Leslie H.
X 2002-KA-01733-COA
Bruce Ferguson v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0362-CR; Ruling Date: 08/01/2002; Ruling Judge: John Montgomery; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Oktibbeha County of conviction for Count I, burglary of an occupied dwelling and sentence of seven years; and Count II, aggravated assault and sentence of seven years all in the custody of the Mississippi Department of Corrections with the sentence in Count II to run concurrently to the sentence in Count I, five years' post-release supervision, and fine of $1,000 is hereby affirmed. Costs are assessed to Oktibbeha County. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.
King, Leslie D.
X 2002-CA-00609-COA
Norma Hensley, Geraldine Clayton and Henry Harris v. Ricky Harris, Individually, and as Executor of the Estate of Cecil Harris, and David L. Harris, Individually; Benton Chancery Court; LC Case #: 2000-64; Ruling Date: 03/06/2002; Ruling Judge: Glenn Alderson; Majority Opinion: King, P.J. Disposition: The judgment of the Chancery Court of Benton County is affirmed. All costs of appeal are assessed to the appellants. Votes: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.
EN BANC
2000-KA-00846-COA
Vincent Wilson a/k/a " Lil Red" v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 4773; Ruling Date: 06/17/1998; Ruling Judge: Lillie Sanders; Disposition: Appellant's motion for rehearing is denied.
EN BANC
XX 2001-CA-01200-COA
Gordon McFarland, Individually and as Administrator of Estate of Robert McFarland, Deceased v. Mildred Leake; Wilkinson Circuit Court; LC Case #: 96-0075; Ruling Date: 06/28/2001; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Lee, J. Disposition: The original opinion in this case is withdrawn and this opinion is substituted therefor. The judgment of the Wilkinson County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., Southwick, P.J., Thomas, Myers and Chandler, JJ., concur. Bridges, Irving and Griffis, JJ., not participating.
Upon consideration of the appellant''s motion for rehearing and the appellee''s response to the motion, the motion for rehearing is denied. King, P.J., would grant. Bridges, Irving and Griffis, JJ., not participating. Dissenting Opinion: King, P.J.
EN BANC
2001-CA-01960-COA
King's Daughters and Sons Circle Number Two of Greenville, Mississippi, a Mississippi Nonprofit Corporation v. Delta Regional Medical Center; Emery Skelton, Chairman, Joe Patterson, George C. Bell, Anne Stark, Benjamin P. Folk, III, M.D., George E. Lewis, Stan Ingram, Members of the Board of Trustees of Delta Regional Medical in their representative capacities as such Trustees; and John Doe 1 and 2; Washington Circuit Court; LC Case #: CI20-0073; Ruling Date: 12/07/2001; Ruling Judge: W. Hines; Disposition: Upon consideration of the appellant's motion for rehearing and the appellee's response to the motion, the motion for rehearing is denied.
EN BANC
2002-CA-00150-COA
In Re: The Appointment of a Conservator for Mrs. John Q. (Margie Allen) DeMoville: Margaret DeMoville v. Dixie Johnson; Lee Chancery Court; LC Case #: 01-0239; Ruling Date: 01/08/2002; Ruling Judge: Charles Thomas; Disposition: Upon consideration of the appellant's motion for rehearing and the appellee's response to the motion, the motion for rehearing is denied. Irving, J., would grant. McMillin, C.J., Chandler and Griffis, JJ., not participating.
EN BANC
2002-KA-00151-COA
Nathaniel L. Edwards, Jr. v. State of Mississippi; Tallahatchie Circuit Court 2nd District; LC Case #: CR2001-7-B-T2; Ruling Date: 11/20/2001; Ruling Judge: Andrew Baker; Disposition: Appellant's motion for rehearing is denied.
EN BANC
2002-CP-00550-COA
Trumel Keith Cox v. State of Mississippi; Yazoo Circuit Court; LC Case #: 7998; Ruling Date: 03/18/2002; Ruling Judge: Jannie Lewis; Disposition: Petition for Rehearing dismissed as untimely filed. Order entered.
EN BANC
2002-CA-00815-COA
Ottie Westerburg v. John Dalton Westerburg; Hinds Chancery Court 1st District; LC Case #: G-97-16 S/2; Ruling Date: 04/15/2002; Ruling Judge: William Singletary; Disposition: Upon consideration of the appellant's motion for rehearing and the appellee's response to the motion, the motion for rehearing is denied.
EN BANC
2002-WC-01157-COA
Mississippi Baptist Medical Center and The Virginia Insurance Reciprocal v. Dependents of Frank E. Mullett; Hinds Circuit Court 1st District; LC Case #: 251-01-1128 CIV; Ruling Date: 06/03/2002; Ruling Judge: W. Yerger; Disposition: Appellant's motion for rehearing is denied. Southwick, P.J., Irving, Chandler and Griffis, JJ., would grant.