Mississippi Court of Appeals

Hand Down Lists
October 15, 1996

10/15/1996 - Hand Down and published opinions in WordPerfect/ZIP format

Mary Libby Payne, J.
94-KA-00972-COA

Banks, Robert a/k/a Robert L. Banks a/k/a "Fat Cat" v. State of Mississippi Appeal No. 23619 from Judgment dated AUGUST 19, 1994, Washington County Circuit Court; DISPOSITION - Banks' Motion to amend supplemental brief dismissed without prejudice. Order entered.

Frank D. Barber, J.
95-CA-00182-COA

Simpson, Angela Anderson v. Robert Bradley Simpson Appeal No. 93220 from Judgment dated JANUARY 06, 1995, Calhoun County Chancery Court; DISPOSITION - Motion for rehearing denied. Order entered. Appellant's Motion to strike portions of appellee's motion for rehearing and for sanctions denied. Order entered.

EN BANC
92-KA-00685-COA

Morgan, Walter v. State of Mississippi Appeal No. 13821 from Judgment dated MARCH 27, 1992, Pike County Circuit Court; (consolidated with) 95-KA-00216-COA Walter Morgan v. State of Mississippi; Appeal No. 13821 from Judgment dated FEBRUARY 16, 1995, Pike County Circuit Court; (consolidated with) 95-KA-00291-COA Walter Morgan v. State of Mississippi ; Appeal No. 13821 from Judgment dated MARCH 27, 1995, Pike County Circuit Court; The judgment of the Pike County Circuit Court of conviction of manslaughter and sentence of eighteen (18) years in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed against Pike County.

EN BANC
95-KA-00216-COA

Morgan, Walter v. State of Mississippi Appeal No. 13821 from Judgment dated FEBRUARY 16, 1995, Pike County Circuit Court; (consolidated with) 92-KA-00685-COA Walter Morgan v. State of Mississippi; Appeal No. 13821 from Judgment dated MARCH 27, 1992, Pike County Circuit Court; (consolidated with) 95-KA-00291-COA Walter Morgan v. State of Mississippi ; Appeal No. 13821 from Judgment dated MARCH 27, 1995, Pike County Circuit Court; The judgment of the Pike County Circuit Court of conviction of manslaughter and sentence of eighteen (18) years in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed against Pike County.

EN BANC
95-KA-00291-COA

Morgan, Walter v. State of Mississippi Appeal No. 13821 from Judgment dated MARCH 27, 1995, Pike County Circuit Court; The judgment of the Pike County Circuit Court of conviction of manslaughter and sentence of eighteen (18) years in the custody of the Mississippi Department of Corrections is affirmed. Costs are assessed against Pike County. (consolidated with) 92-KA-00685-COA Walter Morgan v. State of Mississippi; Appeal No. 13821 from Judgment dated MARCH 27, 1992, Pike County Circuit Court; (consolidated with) 95-KA-00216-COA Walter Morgan v. State of Mississippi; Appeal No. 13821 from Judgment dated FEBRUARY 16, 1995, Pike County Circuit Court

Roger H. McMillin, Jr., J.
93-KA-00676-COA

Brewer, III, Herbert L. v. State of Mississippi Appeal No. 92034 from Judgment dated JUNE 07, 1993, Lee County Circuit Court; DISPOSITION - Appellant's Motion for bond pending rehearing denied. Order entered.

Oliver E. Diaz, Jr., J.
93-CC-00800-COA

Griffin, Emma, Wife of John H. Griffin, Deceased, and Dependents of John H. Griffin, Deceased v. City of Kosciusko and Mississippi Municipal Workers' Compensation Group Appeal No. 154565 from Judgment dated JUNE 08, 1993, Attala County Circuit Court; DISPOSITION - Motion for attorney's fees granted. Order entered.

Leslie D. King, J.
93-CA-01021-COA

Harris, Elisa Terrell v. Paul Joseph Harris Appeal No. 58260 from Judgment dated JULY 21, 1993, Jackson County Chancery Court; DISPOSITION - Joint Motion of Thomas W. Teel to withdraw as counsel and Walter W. Teel to be substituted as counsel granted. Order entered.

Leslie H. Southwick, J.
93-KA-01137-COA

Kelly, Delano Andre a/k/a Delano Eugene Kelly a/k/a Dell Kelly v. State of Mississippi Appeal No. 9264CT from Judgment dated SEPTEMBER 24, 1993, Tate County Circuit Court; DISPOSITION - Motion for continued entry of final judgment filed by David Allen Williams d/b/a Williams Bail Bonds granted. Order entered. Appellee's motion to make bond forfeiture final denied without prejudice. Order entered.

Leslie D. King, J.
94-CA-00243-COA

Tigrett, Timothy v. Lashon Bramlett Tigrett Appeal No. 14324 from Judgment dated AUGUST 23, 1993, Union County Chancery Court; DISPOSITION - Appellee's Motion to amend mandate as to interest granted. Order entered.

PER CURIAM
94-CA-00511-COA

Miles, James E. v. Phanee Miles Appeal No. 14922 from Judgment dated APRIL 26, 1994, Harrison County Chancery Court, Second Judicial District; DISPOSITION - Appellant's Motion for reconsideration of attorney's fees denied. Order entered. Appellee's Motion for supplemental judgment granted. Order entered.

PER CURIAM
94-KA-00655-COA

Odom, Charles v. State of Mississippi Appeal No. 4871 from Judgment dated JUNE 06, 1994, Claiborne County Circuit Court; DISPOSITION - Appellant's pro se motion for supersedeas bond pending appeal denied. Order entered.

Thomas A. Coleman, J.
94-KA-00808-COA

Doss, Tony Curtis v. State of Mississippi Appeal No. 7077 from Judgment dated JULY 21, 1994, Clay County Circuit Court; DISPOSITION - Motion of Bennie L. Jones, Jr. to withdraw as counsel and substitution of Sorie S. Tarawally as appellant's counsel granted. Order entered.

Mary Libby Payne, J.
94-CA-00531-COA

Jenkins, Edmond Allen and Donna B. Jenkins v. Eldon Thomas Jenkins, Earl Burnell Jenkins, Lavelle Jenkins McRee, Alice Jenkins Thompson, Edmund Burke Jenkins, Robert Eugene Jenkins, Francis Jenkins Simmons, Shirley Jenkins Sessions, Sara Ann Jenkins White, Henrietta Jenkins Buckley and Dilly Jenkins Appeal No. 26778 from Judgment dated MAY 09, 1994, Copiah County Chancery Court; DISPOSITION - Motion for Rehearing denied. Order entered.

Frank D. Barber, J.
94-KA-01114-COA

Rogers, John a/k/a John B. Rogers a/k/a Billy Joe v. State of Mississippi Appeal No. 13180 from Judgment dated OCTOBER 25, 1994, Oktibbeha County Circuit Court; DISPOSITION - Appellant's pro se petition for speedy trial denied. Order entered.

Billy G. Bridges, P. J.
94-KA-01226-COA

Crockett, Roosevelt Anthony v. State of Mississippi Appeal No. 9328353 from Judgment dated JUNE 10, 1994, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion to withdraw as counsel for appellant denied without prejudice. Order entered.

Billy G. Bridges, C. J.
94-KA-01260-COA

Saunders, II, Robert Claude v. State of Mississippi Appeal No. 24019400280 from Judgment dated OCTOBER 14, 1994, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion to withdraw as Appellant's counsel denied without prejudice. Order entered.

PER CURIAM
94-KA-01270-COA

Wilson, Felix v. State of Mississippi Appeal No. 9327913 from Judgment dated MARCH 02, 1994, Harrison County Circuit Court, First Judicial District; DISPOSITION - Motion to withdraw as counsel for appellant denied without prejudice. Order entered.

Roger H. McMillin, Jr., J.
95-CA-00069-COA

Barnes, Matt and wife, Kathy M. Barnes, Paul Barnes and wife, Sylvia A. Barnes, J. B. Barnes and wife, Eloria L. Barnes and Jeffery K. Barnes v. William E. Wooten, Ben P. Ganann, Ned Rushing, Thomas Crane, James C. Arthur, Individually and in Their Capacity as The Leake County Board of Supervisors and Weyerhaeuser Company Appeal No. 13860 from Judgment dated DECEMBER 22, 1994, Leake County Chancery Court; DISPOSITION - Appellant's Motion for additional time in which to file motion for rehearing granted. No further extensions will be granted. Order entered.

Mary Libby Payne, J.
95-KA-00312-COA

Hendricks, James Andre' a/k/a James Andre Hendricks v. State of Mississippi Appeal No. 11763 from Judgment dated DECEMBER 16, 1994, Warren County Circuit Court; DISPOSITION - Appellant's petition for writ of mandamus dismissed as moot. Order entered.

James E. Thomas, P.J.
95-KA-00426-COA

Duncan, Wendell Avery v. State of Mississippi Appeal No. 23996 from Judgment dated MARCH 28, 1995, Washington County Circuit Court; DISPOSITION - Appellant's motion for post- conviction collateral relief to vacate and set aside conviction and/or sentence dismissed without prejudice. Order entered. Appellant's motion to dismiss appellee's brief denied. Order entered.

PER CURIAM
95-KA-00475-COA

Hamilton, Michael a/k/a Michael Brown a/k/a Michael Ray Hamilton a/k/a Fuzzy Hamilton v. State of Mississippi Appeal No. 9328019 from Judgment dated MARCH 29, 1995, Harrison County Circuit Court, First Judicial District; DISPOSITION - Appellant's Motion for bond pending appeal denied. Order entered.

Mary Libby Payne, J.
95-KA-00480-COA

Lacy, Calvin v. State of Mississippi Appeal No. 942298 from Judgment dated MARCH 14, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellant's Motion to file supplemental brief and for additional time to file said brief granted. Appellant's brief is due on or before October 11, 1996. State's response to supplemental brief is due on or before October 18, 1996. Order entered.

Mary Libby Payne, J.
95-KA-00512-COA

Bourne, Clarence O. a/k/a Clarence Orlando Bourne v. State of Mississippi Appeal No. 4094 from Judgment dated APRIL 14, 1995, Jefferson Davis County Circuit Court; DISPOSITION - Appellant's pro se Motion for reduction of bond pending appeal denied. Order entered.

PER CURIAM
95-KA-00832-COA

Riddle, Julius a/k/a Julius Andrew Riddle v. State of Mississippi Appeal No. 8347 from Judgment dated JULY 18, 1995, Neshoba County Circuit Court; DISPOSITION - Appellant's Motion for reduction of bond denied without prejudice. Order entered.

Billy G. Bridges, C. J.
95-CA-00854-COA

Enis, Jean, Individually, Monroe County Rentals, Inc. and Elaine Boyd, All Jointly and Severally v. Thomas M. Caldwell Appeal No. 25097 from Judgment dated MAY 13, 1994, Monroe County Circuit Court; DISPOSITION - Motion of Robert Don. Baker to withdraw as counsel and entry of appearance of Jeffrey D. Rawlings granted. Order entered.

James E. Thomas, P.J.
94-KA-00140-COA

Hill, Johnny v. State of Mississippi Appeal No. 14893 from Judgment dated OCTOBER 15, 1993, Lauderdale County Circuit Court; The judgment of the Circuit Court of Lauderdale County of conviction of the crime of burglary of a commercial building as a habitual offender and sentence to life imprisonment in the custody of the Mississippi Department of Corrections is affirmed. Costs of appeal are taxed to Lauderdale County.

Thomas A. Coleman, J.
92-KA-00724-COA

Willis, Dennis Gerald and William Andrew Pittman Jr. v. State of Mississippi Appeal No. 91105033 from Judgment dated JUNE 12, 1992, Jackson County Circuit Court; (consolidated with) 94-KA-01019-COA Prince Carter a/k/a Prince Charles Carter v. State of Mississippi; Appeal No. 9110503 from Judgment dated OCTOBER 16, 1992, Jackson County Circuit Court; The Jackson County Circuit Court judgments of all three appellants' guilt of murder and its sentences of each of them to serve a life term in the custody of the Mississippi Department of Corrections are affirmed. Costs are assessed to Jackson County.

James E. Thomas, P.J.
94-CA-00421-COA

Striebeck, Ruth Ann v. John Howard Provenza Appeal No. 49455 from Judgment dated FEBRUARY 10, 1994, Washington County Chancery Court; The judgment of the Chancery Court of Washington County in cause number 94-CA-00221 is reversed and remanded. The judgment in cause number 94-CA-00421 is affirmed. Costs of appeal are taxed equally between the parties. McMillin, J., dissents with separate written opinion joined by Barber and Southwick, JJ. Bridges, P.J., and King, J., not participating. (consolidated with) 94-CA-00221-COA Ruth Ann Striebeck v. John Howard Provenza; Appeal No. 54364 from Judgment dated FEBRUARY 03, 1994, Washington County Chancery Court

James E. Thomas, P.J.
95-KA-00423-COA

Mewbourn, James E. a/k/a James Evan Mewbourn v. State of Mississippi Appeal No. 4537 from Judgment dated APRIL 18, 1995, Newton County Circuit Court; The judgment of the Newton County Circuit Court of: conviction of possession of firearms by a convicted felon on Counts 3-6 and sentence of three years and fine of $5,000 on each count to run consecutively; conviction of possession of firearms by a convicted felon on Counts 7-10 and fine of $5,000 on each count to run consecutively; and conviction of possession of firearms by a convicted felon on Counts 11-16 and fine of $5,000 on each count to run concurrently is affirmed. Appellant is ordered to serve twelve (12) years in the custody of the Mississippi Department of Corrections and to pay a total fine of $40,000. Costs of this appeal are taxed to appellant.

James E. Thomas, P.J.
95-CA-00842-COA

Hays, Cecil C. v. Minnesota Mining and Manufacturing Company and Bobby Simmons Appeal No. 17970 from Judgment dated FEBRUARY 01, 1995, Oktibbeha County Circuit Court; The judgment of the Circuit Court of Oktibbeha County is affirmed. Costs of appeal are taxed to the appellant.

Leslie H. Southwick, J.
94-CA-00310-COA

Wiltz, Florence v. K-Mart Corporation Appeal No. 2749 from Judgment dated DECEMBER 03, 1992, Harrison County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Harrison County is reversed and this case is remanded for proceedings consistent with this opinion. All costs of this appeal are taxed to the appellee. Thomas, P.J., not participating.

Leslie H. Southwick, J.
94-CA-00822-COA

Hudson, John, d/b/a Gulf Coast Gator Ranch v. Jackson County, Mississippi Appeal No. 935435 from Judgment dated JULY 06, 1994, Jackson County Circuit Court; The judgment of the Jackson County Circuit Court is affirmed. All costs of this appeal are taxed to the appellant. Diaz, J., dissents with separate written opinion, joined by Barber and Coleman, JJ.

Mary Libby Payne, J.
93-KA-00341-COA

Booth, Richard A. a/k/a Richard Nelson v. State of Mississippi Appeal No. 773 from Judgment dated FEBRUARY 26, 1993, Jasper County Circuit Court, First Judicial District; The judgment of the Circuit Court of Jasper County of conviction of the transfer of marijuana, less than one ounce, and sentence of two (2) years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to appellant.

Roger H. McMillin, Jr., J.
96-CA-00102-COA

Parcell, Stephen M. v. Katherine Love Parcell Appeal No. 37372 from Judgment dated SEPTEMBER 26, 1995, Rankin County Chancery Court; The judgment of the Rankin County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant. Bridges, P.J., not participating.

Leslie D. King, J.
93-KA-00753-COA

Meese, Jr., Joe Robert v. State of Mississippi Appeal No. 14399 from Judgment dated MAY 20, 1993, Copiah County Circuit Court; The judgment of the Circuit Court of Copiah County convicting defendant of kidnapping, armed robbery, and rape and sentencing him as a habitual offender to serve sentences of twenty, twenty-five, and thirty-five years in the custody of the Mississippi Department of Corrections for each of the respective convictions is affirmed. Costs of this appeal are taxed to Copiah County.

PER CURIAM
93-CA-00258-COA

Sistrunk, Paul D. v. Charles W. Crowe and Associated Constructors, Inc., a Mississippi Corporation Appeal No. 15667 from Judgment dated JANUARY 20, 1992, Rankin County Circuit Court; The judgment of the Rankin County Circuit Court denying the motion for relief from judgment is affirmed. Costs are assessed to the appellant.

James E. Thomas, P.J.
94-CA-00221-COA

Striebeck, Ruth Ann v. John Howard Provenza Appeal No. 54364 from Judgment dated FEBRUARY 03, 1994, Washington County Chancery Court; (consolidated with) 94-CA-00421-COA Ruth Ann Striebeck v. John Howard Provenza; Appeal No. 49455 from Judgment dated FEBRUARY 10, 1994, Washington County Chancery Court; The judgment of the Chancery Court of Washington County in cause number 94-CA-00221 is reversed and remanded. The judgment in cause number 94-CA-00421 is affirmed. Costs of appeal are taxed equally between the parties. McMillin, J., dissents with separate written opinion joined by Barber and Southwick, JJ. Bridges, P.J., and King, J., not participating.

Thomas A. Coleman, J.
94-CA-00255-COA

Rutland, James v. Mentor Corporation Appeal No. 20235 from Judgment dated FEBRUARY 23, 1994, Harrison County Circuit Court, First Judicial District; Cause is remanded to trial court. Each party to bear its own costs. Order entered.

Thomas A. Coleman, J.
94-KA-01019-COA

Carter, Prince a/k/a Prince Charles Carter v. State of Mississippi Appeal No. 9110503 from Judgment dated OCTOBER 16, 1992, Jackson County Circuit Court; The Jackson County Circuit Court judgments of all three appellants' guilt of murder and its sentences of each of them to serve a life term in the custody of the Mississippi Department of Corrections are affirmed. Costs are assessed to Jackson County. (consolidated with) 92-KA-00724-COA Dennis Gerald Willis and William Andrew Pittman Jr. v. State of Mississippi; Appeal No. 91105033 from Judgment dated JUNE 12, 1992, Jackson County Circuit Court.

Thomas A. Coleman, J.
94-CA-00752-COA

Williams, Billy Wayne v. Lynn Lupo Benus Appeal No. 923511 from Judgment dated DECEMBER 21, 1993, Harrison County Circuit Court, Second Judicial District; The judgment of the Harrison County Circuit Court is affirmed. Costs of this appeal are assessed to the appellant, Billy Wayne Williams. Thomas, P.J., not participating.

Thomas A. Coleman, J.
95-CA-00780-COA

Reeder, Arthur Richard v. Oneila Reeder Byrd Appeal No. 105524 from Judgment dated MAY 25, 1995, Harrison County Chancery Court, First Judicial District; The judgment of the Harrison County Chancery Court is reversed and remanded. Costs of this appeal are assessed to the appellee, Oneila Reeder Byrd. Thomas, P.J., not participating.

Billy G. Bridges, C. J.
93-CA-01196-COA

Ladner, Howard J. v. Tanya Ladner Boutwell Appeal No. 21709 from Judgment dated OCTOBER 12, 1993, Hancock County Chancery Court; The judgment of the Hancock County Chancery Court is affirmed on the issues of child support, child custody, and visitation, and reversed and rendered on the issue of attorney's fees. All costs of this appeal are taxed equally between both parties. Payne, J., concurs in part and dissents in part with separate written opinion joined by Barber and Southwick, JJ. Thomas, P.J., not participating. Appellee's Motion for attorney's fees denied. Order entered. Thomas, P. J., not participating.

Billy G. Bridges, C. J.
94-CA-00659-COA

Rhodes, Gerald f/d/b/a Gerald Rhodes Bonding v. State of Mississippi Appeal No. 9210534 from Judgment dated MAY 31, 1994, Sunflower County Circuit Court; The judgment of the Sunflower County Circuit Court is affirmed in part, on the issue of personal jurisdiction, and reversed and remanded in part, on the issue of remission of the forfeited bail bond. All costs of this appeal are taxed to Sunflower County.

Frank D. Barber, J.
94-CA-01030-COA

Duck, Sr., Vanderbilt NMN: IN RE: The Estate of, Deceased: Singing River Hospital System v. Vanderbilt Duck, Jr., Administrator of The Estate of Vanderbilt NMN Duck, Sr., Deceased Appeal No. P3712 from Judgment dated SEPTEMBER 06, 1994, Jackson County Chancery Court; The judgment of the Chancery Court of Jackson County is affirmed. Costs are assessed against Singing River Hospital System.

John J. Fraiser, Jr., C.J.
93-CC-00590-COA

Hankins, L. C. v. Parker Trucking Co. of Tupelo and Liberty Mutual Insurance Company Appeal No. 93035FL from Judgment dated MARCH 03, 1993, Lee County Circuit Court; (consolidated with) 93-CC-01028-COA L. C. Hankins v. Parker Trucking Co. of Tupelo and Liberty Mutual Insurance Company; Appeal No. 93035FL from Judgment dated AUGUST 26, 1993, Lee County Circuit Court; The judgment of the Lee County Circuit Court affirming the Workers' Compensation Commission's finding of temporary total disability is affirmed. Costs of this appeal are taxed to appellant. Bridges, P.J., not participating.

John J. Fraiser, Jr., C.J.
93-CC-01028-COA

Hankins, L. C. v. Parker Trucking Co. of Tupelo and Liberty Mutual Insurance Company Appeal No. 93035FL from Judgment dated AUGUST 26, 1993, Lee County Circuit Court; The judgment of the Lee County Circuit Court affirming the Workers' Compensation Commission's finding of temporary total disability is affirmed. Costs of this appeal are taxed to appellant. Bridges, P.J., not participating. (consolidated with) 93-CC-00590-COA L. C. Hankins v. Parker Trucking Co. of Tupelo and Liberty Mutual Insurance Company; Appeal No. 93035FL from Judgment dated MARCH 03, 1993, Lee County Circuit Court

John J. Fraiser, Jr., C.J.
93-CC-01041-COA

Battise, Terri Lee v. Hospital Housekeepers of America, Inc. and Continental Casualty Company Appeal No. 9322405 from Judgment dated AUGUST 16, 1993, Harrison County Circuit Court, First Judicial District; The judgment of the Harrison County Circuit Court affirming the Mississippi Workers' Compensation Commission's dismissal of Battise's appeal is affirmed. Costs are taxed to appellant. Thomas, P.J., not participating.

Oliver E. Diaz, Jr., J.
94-CA-00270-COA

Abbott Laboratories v. Tilghman H. Prosser a/k/a Tilghman M. Prosser Appeal No. 9272255 from Judgment dated SEPTEMBER 03, 1993, Hinds County Circuit Court, First Judicial District; (consolidated with) 94-CA-00679-COA Abbott Laboratories v. Tilghman H. Prosser a/k/a Tilghman M. Prosser; Appeal No. 9272255 from Judgment dated June 24, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is hereby reversed and remanded. All costs of this appeal are taxed to the appellee. Fraiser, C.J., concurs in result only. Southwick, J., concurs with separate written opinion joined by Fraiser, C.J., Coleman and McMillin, JJ. Bridges, P.J., not participating.

Leslie D. King, J.
93-CA-00563-COA

Williams, Greg, James R. Biddix and Martha L. Biddix v. Maurice Roberts d/b/a Gulf Park Estates Airport, Vicki Roberts, John Taranto and Brenda Taranto Appeal No. 54501 from Judgment dated SEPTEMBER 15, 1992, Jackson County Chancery Court; The judgment of the Chancery Court of Jackson County is affirmed. Costs of this appeal are taxed to the appellants.

Mary Libby Payne, J.
95-CA-00516-COA

Pine Belt Association for Community Enhancement (P.A.C.E.), and Peggy Butler, both Officially and Individually v. Gaye Newsome Appeal No. 6923701 from Judgment dated FEBRUARY 25, 1995, Forrest County Circuit Court; The judgment of the Forrest County Circuit Court is reversed and rendered as to the failure to appeal the Plum judgment claim and reversed and remanded on the wrongful dismissal claim. All costs of this appeal are taxed to the appellee.

James E. Thomas, P.J.
94-CA-00930-COA

Smith, Mattie and North Mississippi Rural Legal Services v. Oxford School District Appeal No. 93310 from Judgment dated NOVEMBER 12, 1993, Lafayette County Chancery Court; The judgment of the Lafayette County Chancery Court is affirmed. Statutory damages and interest are awarded. Costs are assessed against the appellants. King, J., concurs in part and dissents in part, with separate written opinion joined by Bridges, P.J.

Oliver E. Diaz, Jr., J.
94-CA-00679-COA

Abbott Laboratories v. Tilghman H. Prosser a/k/a Tilghman M. Prosser Appeal No. 9272255 from Judgment dated June 24, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court is hereby reversed and remanded. All costs of this appeal are taxed to the appellee. Fraiser, C.J., concurs in result only. Southwick, J., concurs with separate written opinion joined by Fraiser, C.J., Coleman and McMillin, JJ. Bridges, P.J., not participating.(consolidated with) 94-CA-00270-COA Abbott Laboratories v. Tilghman H. Prosser a/k/a Tilghman M. Prosser; Appeal No. 9272255 from Judgment dated SEPTEMBER 03, 1993, Hinds County Circuit Court, First Judicial District.