10/03/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Roberts, Larry Eugene
X  2005-CA-00846-COA

Charles Edward Birrages, Jr., Individually and on Behalf of the Heirs of Charles Edward Birrages, Sr. v. Illinois Central Railroad Company, Robert Bryant and Eddie Pickett; Hinds Circuit Court 2nd District; LC Case #: 252-2003-24; Ruling Date: 01/14/2005; Ruling Judge: Bobby DeLaughter; Majority Opinion: Roberts, J. Disposition: The judgment of the Second Judicial District of the Hinds County Circuit Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis and Ishee, JJ., concur. Barnes, J., not participating.

Tony Terrell Bunton v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: V-4890; Ruling Date: 01/09/2004; Ruling Judge: Bobby DeLaughter; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Hinds County of conviction of manslaughter and sentence of twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Hinds County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur.

Robert Richardson v. Audubon Insurance Company and Joe Clay Hamilton, as Administrator of the Estate of Willie Mae Dudley, Deceased; Lauderdale Circuit Court; LC Case #: 05-CV-004 (R); Ruling Date: 05/02/2005; Ruling Judge: Larry Roberts; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lauderdale County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler and Barnes, JJ., concur. Griffis and Roberts, JJ., not participating.

Alamac LLC v. Travelers Bank & Trust, FSB, Citifinancial Mortgage Company, Inc., Debera Bridges, Trustee and Emily Kaye Courteau, Substituted Trustee; Walthall Chancery Court; LC Case #: 2004-0312; Ruling Date: 08/10/2005; Ruling Judge: Debbra Halford; Majority Opinion: Ishee, J. Disposition: The judgment of the Chancery Court of Walthall County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur.

Robin L. Willis v. State of Mississippi; Leake Circuit Court; LC Case #: 05-CV-126-A-LE-G; Ruling Date: 10/12/2005; Ruling Judge: Marcus Gordon; Majority Opinion: Ishee, J. Disposition: The judgment of the Leake County Circuit Court denying post-conviction relief is affirmed. All costs of this appeal are assessed to Leake County. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes and Roberts, JJ., concur.

Clemie L. Lea, Administratrix of the Estate of Bernard Johnson, Deceased v. Rachel Almore; Harrison Chancery Court 1st District; LC Case #: C2401-03-01975; Ruling Date: 02/04/2005; Ruling Judge: James Persons; Majority Opinion: Barnes, J. Disposition: The judgment of the Chancery 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, Irving, Chandler, Griffis, Ishee and Roberts, JJ., concur.

Abigail Langley, a Minor, by and through Marty Langley and Kim Langley, Parents and Next Friends v. Johnny F. Miles, M.D., Chester K. White, M.D., Sanders Clinic for Women, P. A. and North Mississippi Medical Center, Inc.; Lee Circuit Court; LC Case #: CV02-342(B)L; Ruling Date: 03/02/2005; Ruling Judge: Sharion Aycock; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of Lee 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, Ishee and Roberts, JJ., concur. Barnes, J., not participating.

Elizabeth M. Fleming v. Brandy M. Thomas Floyd; Jackson Circuit Court; LC Case #: CI 2000,00385(3); Ruling Date: 12/06/2004; Ruling Judge: Dale Harkey; Majority Opinion: Southwick, J. Disposition: The judgment of the Circuit Court of Jackson County is reversed and the cause is remanded for a new trial. All costs of this appeal are assessed equally to the appellant and to the appellee. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Gloria Holmes v. Dr. Virginia Carney Nelson; Lauderdale Circuit Court; LC Case #: 04-CV-211(R); Ruling Date: 05/10/2005; Ruling Judge: Robert Bailey; Majority Opinion: Myers, P.J. Disposition: The judgment of the Lauderdale County Circuit Court is reversed and remanded for a hearing consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Lee, P.J., Southwick, Irving, Chandler, Barnes and Ishee, JJ., concur. Griffis and Roberts, JJ., not participating.

Thomas L. Roberson v. Jerry Darlene Roberson; Kemper Chancery Court; LC Case #: 2001-0077; Ruling Date: 06/29/2005; Ruling Judge: Edward Prisock; Majority Opinion: Lee, P.J. Disposition: The judgment of the Chancery Court of Kemper County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Kimberly Rensink Heffner v. Darin R. Rensink; Bolivar Chancery Court 2nd District; LC Case #: 2002-0016; Ruling Date: 07/01/2005; Ruling Judge: William Willard, Jr.; Majority Opinion: Lee, P.J. Disposition: The judgment of the Bolivar County Chancery Court is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Myers, P.J., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Carlos Davison a/k/a Carlos D. Davison v. Mississippi Department of Human Services; Jackson Chancery Court; LC Case #: 2000-1747GB; Ruling Date: 01/04/2005; Ruling Judge: Glenn Barlow; Majority Opinion: King, C.J. Disposition: The judgment of the Jackson County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Billy David Blalack v. Jane Sproles Blalack; Oktibbeha Chancery Court; LC Case #: 04-0373; Ruling Date: 03/10/2005; Ruling Judge: Dorothy Colom; Majority Opinion: King, C.J. Disposition: The judgment of the Oktibbeha County Chancery Court is affirmed. All costs of this appeal are assessed to the appellant. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Tina Davis v. The Clarion Ledger and The Travelers Insurance Company; Lowndes Circuit Court; LC Case #: 2003-0137-CV1; Ruling Date: 06/29/2005; Ruling Judge: James Kitchens, Jr.; Majority Opinion: King, C.J. Disposition: The judgment of the Lowndes County Circuit Court is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: Lee and Myers, P.JJ., Southwick, Irving, Chandler, Griffis, Barnes, Ishee and Roberts, JJ., concur.

Rickey Sturkey a/k/a Richard Sturkey a/k/a Rickey Lee Sturkey v. State of Mississippi; Scott Circuit Court; LC Case #: 2001-CR-087-SC-C; Ruling Date: 10/15/2003; Ruling Judge: V. Cotten; Disposition: The appellant's motion for rehearing is denied. Order entered.

Gary Dewayne Allen a/k/a Gary Wayne Allen v. State of Mississippi; George Circuit Court; LC Case #: 2003-10,026(3); Ruling Date: 04/21/2004; Ruling Judge: Dale Harkey; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of George County of conviction of sexual battery and sentence of twenty-five years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Barnes, Ishee and Roberts, JJ., concur. Southwick, J., not participating.

Janice G. Butler, Willie Butler and Mississippi School Board Workers Compensation Trust v. Upchurch Telecommunications & Alarms, Inc., Telex Communications, Inc., Bogen Communications, Inc. and J. W. Davis & Co., Inc.; Panola Circuit Court 2nd District; LC Case #: 2002-0068LP2; Ruling Date: 09/24/2004; Ruling Judge: Ann Lamar; Disposition: The appellees' motions for rehearing are denied. Southwick, Griffis and Barnes, JJ., would grant. Order entered.

Ladonna King and David Earl King v. Ruth King; Walthall Chancery Court; LC Case #: 2004-0072; Ruling Date: 09/29/2004; Ruling Judge: Hollis McGehee; Disposition: The appellant's motion for rehearing is denied. Order entered.

Kelvin Sumrall a/k/a Snapper v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 190-04; Ruling Date: 12/10/2004; Ruling Judge: Robert Bailey; Disposition: The appellant's motion for rehearing is denied. Roberts, J., not participating. Order entered.

Jordan Kyle Smith, a Minor, by and through His Natural Mother and Next Friend, Stephanie Smith v. Gilmore Memorial Hospital, Inc. and Gilmore Health Systems, Inc.; Monroe Circuit Court; LC Case #: CV02-504-PF-M; Ruling Date: 01/19/2005; Ruling Judge: Paul Funderburk; Disposition: The appellees' motion for rehearing is denied. Southwick, J., would grant. Barnes, J., not participating. Order entered.

Jerry Lee Mack a/k/a Jerry Mack v. State of Mississippi; Jefferson Circuit Court; LC Case #: 2005-54; Ruling Date: 06/06/2005; Ruling Judge: Lamar Pickard; Disposition: The appellant's motion for rehearing is denied. Order entered.

Manda Griffin, Individually and as a Wrongful Death Beneficiary, and on Behalf of All Other Wrongful Death Beneficiaries of Gracie M. Stephens, Deceased v. Terry Pinson, M.D.; Lee Circuit Court; LC Case #: CV01-207(R)L; Ruling Date: 06/01/2005; Ruling Judge: Paul Funderburk; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lee County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Southwick, Irving, Chandler and Roberts, JJ., concur. Griffis and Barnes, JJ., not participating.

Eagle Management, LLC v. Wendell Parks, Tammie Parks and Alanco Realty; Lafayette Circuit Court; LC Case #: L05-260; Ruling Date: 08/17/2005; Ruling Judge: Henry Lackey; Majority Opinion: Ishee, J. Disposition: The judgment of the Circuit Court of Lafayette County is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, C.J., Lee and Myers, P.JJ., Irving, Chandler, Griffis and Roberts, JJ., concur. Southwick, J., concurs in result only. Barnes, J., not participating.