10/07/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Chandler, David Anthony
XX  2002-CA-00668-COA

John D. Fike v. James B. Shelton, III; Hinds Chancery Court 2nd District; LC Case #: G-98-34; Ruling Date: 03/23/2002; Ruling Judge: Edward Cortright, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of the Second Judicial District of Hinds County is affirmed. All costs of this appeal are assessed to the appellant. Votes: Bridges, J., joins this separate written opinion. Dissenting Opinion: Lee, J. Votes: Bridges, J., joins this separate written opinion.

Dependants of George Reid, Jr. v. City of Canton, Mississippi; Mayor of City of Canton, Alice Scott, in Her Official and Individual Capacities; the Police Chief for the City of Canton, Luke Gordon, in His Official and Individual Capacities; and the Board of Aldermen of the City of Canton, Mississippi, William Mosby, Jon Flynn, Charles Weems, Louis Smith, Kenneth Jones, Robbie Johnson and William Truly, All in Their Official and Individual Capacities; Madison Circuit Court; LC Case #: 20010162CI; Ruling Date: 04/19/2002; Ruling Judge: Samac Richardson; 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 appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Myers and Chandler, JJ., concur. Griffis, J., not participating.

Jimmy Harrison Lee v. Evelyn Joyce Lee (Reed); Leflore Chancery Court; LC Case #: 25,649; Ruling Date: 01/18/2002; Ruling Judge: Jon Barnwell; Majority Opinion: Lee, J. Disposition: The judgment of the Leflore County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., Southwick, P.J., Myers and Griffis, JJ., concur Dissenting Opinion: Irving, J. Votes: King, P.J., Bridges, Thomas and Chandler, JJ., join this opinion.

Reno O'Neal Berry v. State of Mississippi; Union Circuit Court; LC Case #: UK2001-176; Ruling Date: 03/12/2002; Ruling Judge: Andrew Howorth; Majority Opinion: Bridges, J. Disposition: The judgment of the Union County Circuit Court of the conviction of sale of cocaine and sentence of twenty years, eight years suspended and twelve years to serve in the custody of the Mississippi Department of Corrections and pay $200 in restitution is affirmed. Costs of this appeal are assessed to Union County. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Roger McCrimon v. Red Arrow Car Wash and Fidelity & Casualty Company of New York; Hinds Circuit Court 1st District; LC Case #: 251-00-262 CIV; Ruling Date: 05/21/2001; Ruling Judge: James Graves, Jr.; Majority Opinion: Bridges, J. Disposition: The judgment of the Hinds County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Raymond Faye v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2002-0395-PC1; Ruling Date: 10/07/2002; Ruling Judge: R. Prichard, III; Majority Opinion: Bridges, J. Disposition: The judgment of the Pearl River County Circuit Court denying post-conviction relief is affirmed. Costs of this appeal are assessed to Pearl River County. Votes: McMillin, C.J., King and Southwick, P.JJ., Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.

Perry L. Roach v. Arlene K. Goebel and Salesha K. Trussell; Hancock Chancery Court; LC Case #: 2000-167; Ruling Date: 07/05/2001; Ruling Judge: Thomas Teel; Majority Opinion: King, P.J. Disposition: The judgment of the Hancock County Chancery Court is affirmed as to direct appeal. The cross-appeal is rendered moot. All costs of this appeal are assessed to the appellant. Votes: Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur. McMillin, C.J., and Southwick, P.J., concur in result only.

Charlie Morris and Phyllis Allen v. Inez Walden and Linda Walden; Holmes Chancery Court; LC Case #: 00-0155; Ruling Date: 12/17/2001; Ruling Judge: Gail Shaw-Pierson; Majority Opinion: Southwick, P.J. Disposition: The appeal from the judgment of contempt and award of attorney's fees made by the Chancery Court of Holmes County is dismissed. All costs are assessed to the appellants. Votes: McMillin, C.J., Bridges, Lee, Irving, and Griffis, JJ., concur. Dissenting Opinion: Myers, J. Votes: Thomas and Chandler, JJ., join this opinion.

Harry Edward Klauser, D.V.M. v. Linda Gayle Klauser; Lee Chancery Court; LC Case #: 00-0799; Ruling Date: 01/23/2002; Ruling Judge: Jacqueline Mask; Disposition: Upon consideration of the appellant's motion for rehearing and the appellee's response to the motion, the motion for rehearing is denied.

Cindy Ann (Scott) Roberts v. David Hale Roberts; DeSoto Chancery Court; LC Case #: 00-3-449-(L); Ruling Date: 01/28/2002; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Thomas, J. Disposition: The original opinion is withdrawn, and this opinion is substituted therefor. The judgment of the DeSoto County Chancery Court is reversed, rendered and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed against the appellee. Votes: King, P.J., Bridges, Lee, Myers and Chandler, JJ., concur. Dissenting Opinion: Southwick, P.J. Votes: McMillin, C.J., Irving and Griffis, JJ., join this opinion. The motions for rehearing filed by the appellant and appellee are denied.

Jerrod Ashton Broomfield and Marquise Leon Flewellen v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-01-00414; Ruling Date: 03/05/2002; Ruling Judge: Stephen Simpson; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of the First Judicial District of Harrison County of conviction of armed robbery and sentences of thirty-five years for Jerrod Broomfield and forty years for Marquise Flewellen in the custody of the Mississippi Department of Corrections is affirmed. All costs are assessed to Harrison County. Votes: McMillin, C.J., Southwick, P.J., Myers and Chandler, JJ., concur. King, P.J., and Irving, J., dissent without separate written opinion. Dissenting Opinion: Lee, J. Votes: Bridges and Thomas, JJ., join this opinion.

Rodrequiz W. Hargett v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2001-00096; Ruling Date: 03/05/2002; Ruling Judge: Stephen Simpson; Disposition: Appellant's motion for rehearing is denied.

Alvin Robinson a/k/a Alvin Lenard Robinson a/k/a Bernard Hill v. State of Mississippi; Lee Circuit Court; LC Case #: CR97-047; Ruling Date: 02/14/2002; Ruling Judge: Thomas Gardner, III; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Lee County Circuit Court is reversed and remanded for proceedings consistent with this opinion. Costs of this appeal are assessed to Lee County. Votes: McMillin, C.J., King, P.J., Thomas and Griffis, JJ., concur. Irving, J., concurs in result only. Dissenting Opinion: Chandler, J. Votes: Bridges, Lee and Myers, JJ., join this opinion.

Curtis Riley v. Town of Lambert, Mississippi; Quitman Circuit Court; LC Case #: 5541-T; Ruling Date: 01/08/2001; Ruling Judge: Kenneth Thomas; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Quitman County dismissing the appeal is affirmed. All costs of this appeal are assessed to the appellant. Votes: King, P.J., Bridges, Thomas, Lee, Myers and Chandler, JJ. concur Dissenting Opinion: Griffis, J. Votes: McMillin, C.J., and Southwick, P.J., join this opinion.

Nellie Lou Smith v. John William Smith; Monroe Chancery Court; LC Case #: 97-0583; Ruling Date: 09/06/2002; Ruling Judge: John Ross, Jr.; Majority Opinion: Myers, J. Disposition: The judgment of the Chancery Court of Monroe County is affirmed as to the divorce and reversed and remanded as to alimony, attorney's fees and distribution of marital property. All costs of this appeal are assessed to the appellee. Votes: King, P.J., Bridges, Thomas, Lee and Chandler, JJ., concur. Concurring Opinion: Southwick, P.J. Votes: McMillin, C.J., Bridges, Lee, Irving, and Griffis, JJ., join this opinion.