Mississippi Court of Appeals

Hand Down Lists
September 25, 2001

09/25/2001 - Hand Down and published opinions in WordPerfect/ZIP format

Myers, William H.
XX 1999-CA-01697-COA

Clark, Henry v. LuVel Dairy Products, Inc. and James H. Briscoe Hinds Circuit Court 1st District; LC Case#: 251-96-384CIV; Ruling Date: 10/01/1999; Ruling Judge: W. Yerger; Majority Opinion: Myers, J. Disposition: The judgment of the Hinds County Circuit Court is hereby affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Chandler, J., Concur. Brantley, J., Not Participating. Dissenting Opinion: Irving, J. Votes: King, P.J., Joins.


Myers, William H.
X 2000-CA-00930-COA

Gardner, Charles Thomas Jr. v. Janet Glisson Gardner Jones Chancery Court 2nd District; LC Case#: 96-0834; Ruling Date: 05/09/2000; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Myers, J. Disposition: The judgment of the Chancery Court for the Second Judicial District of Jones County is affirmed. Statutory damages and interest are awarded. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Chandler, J., Concur. Brantley, J., Not Participating.


Myers, William H.
X 2000-CA-01310-COA

Bailey, Pryor Spencer III v. City of Starkville Oktibbeha Circuit Court; LC Case#: 97-0141; Ruling Date: 07/10/2000; Ruling Judge: John Montgomery; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Oktibbeha County granting summary judgment in favor of the City of Starkville is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Chandler, J., Concur. Brantley, J., Not Participating.


Myers, William H.
X 2000-CA-01786-COA

Cain, Gayla v. Timothy Cain Rankin Chancery Court; LC Case#: 47264; Ruling Date: 09/21/2000; Ruling Judge: John Grant, III; Majority Opinion: Myers, J. Disposition: The judgment of the Chancery Court of Rankin County is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Chandler, J., Concur. Brantley, J., Not Participating.


Irving, Tyree
X 2000-CA-00392-COA

Ford, James Mize v. Pamela Gail Owen Ford Hinds Chancery Court 1st District; LC Case#: G-1998-1581; Ruling Date: 02/10/2000; Ruling Judge: William Singletary; Majority Opinion: Irving, J. Disposition: The judgment of the Hinds County Chancery Court is affirmed in part and reversed and rendered in part. Appellant is taxed with two thirds and Appellee is taxed with one third of the costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Myers, J., Chandler, J., Concur. Thomas, J., Brantley, J., Not Participating.


Thomas, James E.
X 2000-KA-00595-COA

Gilbert, Eddie and Henry Lewis v. State of Mississippi Copiah Circuit Court; LC Case#: 2000-0025; Ruling Date: 03/22/2000; Ruling Judge: Lamar Pickard; Majority Opinion:Thomas, J. Disposition: The judgment of the Circuit Court of Copiah County of conviction of Eddie Gilbert of burglary of a dwelling and sentence of twenty-five years and conviction of Henry Lewis of burglary of a dwelling and sentence of twenty years all to be served in the custody of the Mississippi Department of Corrections is affirmed. Copiah County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Irving, J., Myers, J., Chandler, J., Concur. Brantley, J., Not Participating.


Thomas, James E.
X 2000-CP-01245-COA

Chancellor, William a/k/a Michael Paige a/k/a Michael Jones v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 251-00-650CIV; Ruling Date: 07/07/2000; Ruling Judge: W. Yerger; Majority Opinion: Thomas, J. Disposition: The judgment of the Circuit Court of Hinds County denying post-conviction relief is affirmed. Hinds County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Bridges, J., Lee, J., Myers, J., Chandler, J., Concur. Irving, J., Concurs in result only. Brantley, J., Not Participating.


Bridges, Billy G.
X 2000-KA-00379-COA

Edwards, Trevor Derece v. State of Mississippi DeSoto Circuit Court; LC Case#: 99-344; Ruling Date: 02/11/2000; Ruling Judge: George Ready; Majority Opinion: Bridges, J. Disposition: The judgment of the DeSoto County Circuit Court of conviction of Count 2, aggravated assault and sentence of five years; Count 3, carjacking and sentence of five years with sentence to run consecutively to sentence imposed in Count 2; Count 4, simple assault upon a law enforcement officer and sentence of five years with sentence to run consecutively to sentence imposed in Count 3; Count 5, aggravated assault upon a law enforcement officer and sentence of five years with sentence to run consecutively to sentence imposed in Count 4; Count 7, kidnaping and sentence of twenty years with sentence to run consecutively to sentence imposed in Count 5; Count 9, kidnaping and sentence of ten years with sentence to run consecutively to sentence imposed in Count 7. All convictions and sentences are affirmed and all sentences are to be served in the custody of the Mississippi Department of Corrections. DeSoto County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Concur. Brantley, J., Not Participating.


Bridges, Billy G.
XX 2000-KA-00816-COA

Wright, Mitchell v. State of Mississippi DeSoto Circuit Court; LC Case#: CR99-497RD; Ruling Date: 05/09/2000; Ruling Judge: George Ready; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of the sale of cocaine and sentence of thirty years, with twenty-four years suspended, in the custody of the Mississippi Department of Corrections, fine of $1,000, and to pay restitution in the amount of $125 is affirmed. DeSoto County taxed with costs of appeal. Votes: McMillin, C.J., Southwick, P.J., Thomas, J., Lee, J., Myers, J., Chandler, J., Concur. Brantley, J., Not Participating. Dissenting Opinion: Irving, J. Votes: King, P.J., Joins.


Bridges, Billy G.
X 2000-CP-01031-COA

Cavitt, Vincent Louis v. State of Mississippi Scott Circuit Court; LC Case#: 4808; Ruling Date: 05/30/2000; Ruling Judge: V. Cotten; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Scott County denying post-conviction relief, is hereby affirmed. Scott County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Southwick, P.J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Concur. Brantley, J., Not Participating.


Southwick, Leslie H.
X 2000-CP-00889-COA

Mohr, Randi D. v. State of Mississippi Pike Circuit Court; LC Case#: 15439-A; Ruling Date: 05/25/2000; Ruling Judge: Keith Starrett; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Pike County denying post-conviction relief is affirmed. Pike County taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.


King, Leslie D.
X 1999-CA-00698-COA

Mitchell, Montego v. State of Mississippi Marion Circuit Court; LC Case#: P.C. 99-0001; Ruling Date: 03/15/1999; Ruling Judge: Michael Eubanks; Majority Opinion: King, P.J. Disposition: The judgment of the Marion County Circuit Court denying post-conviction relief is affirmed. Marion County taxed with costs of appeal. Votes: McMillin, C.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur. Southwick, P.J., Concurs in result only.


King, Leslie D.
XX 2000-CA-00137-COA

Jacob Hartz Seed Company, Inc. v. Simrall and Simrall, A Partnership Warren Circuit Court; LC Case#: 98,0146CI; Ruling Date: 01/26/2000; Ruling Judge: Frank Vollor; Majority Opinion: King, P.J. Disposition: The judgment of the Warren County Circuit Court is affirmed on direct and cross appeals. Appellant taxed with costs of appeal. Votes: Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur. McMillin, C.J., Concurs in Part. Concurring Opinion: Southwick, P.J. Votes: McMillin, C.J., Concur.


King, Leslie D.
X 2000-CC-00854-COA

BL Development Corporation d/b/a Grand Casino and Grand Casino of Robinsonville v. William T. Brantley DeSoto Circuit Court; LC Case#: CV99-0063-RD; Ruling Date: 04/18/2000; Ruling Judge: George Ready; Majority Opinion: King, P.J. Disposition: The judgment of the Circuit Court of DeSoto County is reversed and the decision of the Mississippi Employment Security Commission denying benefits is reinstated. Votes: McMillin, C.J., Southwick, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Brantley, J., Concur.


EN BANC
1999-CP-01570-COA

Bourrage, Joseph v. State of Mississippi Lauderdale Circuit Court; LC Case#: 99-CV-069; Ruling Date: 09/02/1999; Ruling Judge: Larry Roberts; Disposition: Appellant's motion for rehearing is denied. Brantley, J., not participating.


EN BANC
2000-KA-00076-COA

Maldonado, Lilliana v. State of Mississippi Rankin Circuit Court; LC Case#: 11113; Ruling Date: 06/01/1999; Ruling Judge: John Kitchens; Disposition: Appellant's motion for rehearing is denied. Brantley, J., not participating.


EN BANC
X 2000-CA-00210-COA

Mitchell, Nathan v. Gayle Parker, Individually and in her Official Capacity as the Circuit Clerk for Harrison County, Mississippi; The Harrison County Board of Supervisors; and The Fidelity and Deposit Company of Maryland Harrison Circuit Court 1st District; LC Case#: A2401-9800146; Ruling Date: 01/26/2000; Ruling Judge: John Whitfield; Majority Opinion: Southwick, P.J. Disposition: On motion for rehearing the original opinion is withdrawn and this opinion is substituted. The judgment of the Circuit Court of Harrison County is affirmed. Appellant taxed with costs of appeal. Votes: McMillin, C.J., King, P.J., Bridges, J., Thomas, J., Lee, J., Irving, J., Myers, J., Chandler, J., Concur. Brantley, J., Not Participating. Disposition: Motion for rehearing is denied.


EN BANC
2000-CA-00610-COA

Bodne, Jack D. v. Alice Susan King Hinds Chancery Court 1st District; LC Case#: G-97-2264W4; Ruling Date: 03/22/2000; Ruling Judge: Pat Wise; Disposition: Appellee's motion for rehearing is denied. Lee, J., would grant. Brantley, J., not participating.


EN BANC
2000-KA-00953-COA

Brock, Harold Von v. State of Mississippi Lee Circuit Court; LC Case#: CR99-515; Ruling Date: 05/24/2000; Ruling Judge: Barry Ford; Disposition: Appellant's motion for rehearing is denied. Brantley, J., not participating.