Mississippi Court of Appeals

Hand Down Lists
October 29, 1996

10/29/1996 - Hand Down and published opinions in WordPerfect/ZIP format

Billy G. Bridges, P. J.
94-KP-00260-COA

Spurlock, Chris R. a/k/a Chris Randolph Spurlock v. State of Mississippi Appeal No. 13798 from Judgment dated OCTOBER 26, 1992, Pike County Circuit Court; The judgment of the Pike County Circuit Court of conviction on Count I of armed robbery and sentence of twenty-two (22) years; Counts II, III, IV, and V of conviction of uttering forgery and sentences of fifteen (15) years each, with sentences to run concurrently, all in the custody of the Mississippi Department of Corrections, is affirmed. All costs of this appeal are assessed to Pike County.


PER CURIAM
95-KA-00733-COA

Pruitt, Derrick a/k/a Derrick Soloman Pruitt v. State of Mississippi Appeal No. 24287 from Judgment dated SEPTEMBER 15, 1995, Washington County Circuit Court; DISPOSITION - Motion to amend pro se reply brief passed for consideration with the merits of the case. 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 requesting additional pages for Supplemental Brief granted. Order entered.


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; DISPOSITION - Appellant's Emergency Motion for bond denied. Order entered.


Leslie D. King, J.
94-CA-01276-COA

Dunson, Minnie Ferguson as next of kin of Roman S. Ferguson, Deceased v. EMED Co., Inc. Appeal No. 14528 from Judgment dated OCTOBER 31, 1994, Winston County Circuit Court; DISPOSITION - Appellant's motion for additional time within which to file motion for rehearing denied. Order entered.


PER CURIAM
94-CA-01145-COA

Ortega, Rosa Cruz, on behalf of herself and all other wrongful death beneficiaries of Baby Boy Cruz v. W. L. Prichard, M. D. Appeal No. 9114988 from Judgment dated SEPTEMBER 30, 1994, Sunflower County Circuit Court; DISPOSITION - Appellant's motion for additional time within which to file response to motion for rehearing granted. Response due on or before October 25, 1996. Order entered.


PER CURIAM
94-CA-00573-COA

Hynum, Jimmy and Betty Hynum v. Indu Vaghela, Mike Vaghela, and JIJI Partnerships d/b/a Days Inn of Batesville Appeal No. 91225 from Judgment dated MARCH 28, 1994, Panola County Circuit Court, Second Judicial District; Motion of John. T. Lamar, Jr. to withdraw as counsel for Curtis McNeil granted. Order entered.


EN BANC
94-CA-00807-COA

Coleman, Dorothy v. Paul Rice, M. D. and Carl Reddix, M. D. Appeal No. 93776 from Judgment dated JULY 08, 1994, Hinds County Circuit Court, First Judicial District; The judgment of the Hinds County Circuit Court granting summary judgment in favor ofDoctor Paul Rice and Doctor Carl Reddix is reversed and this cause is remanded for a trial for determination of damages only. Costs of this appeal are assessed to the appellees, Doctor Rice and Doctor Reddix. Diaz, J., Thomas, P.J., Barber, Coleman, King and Payne, JJ., concur. McMillin, J., concurs in part and dissents in part with separate written opinion joined by Fraiser, C.J., Bridges, P.J., and Southwick, J.


John J. Fraiser, Jr., C.J.
93-CC-00239-COA

Baker, Jr., Gilbert v. City of Hollandale - Employer; Mississippi Municipal Workers Compensation Group - Carrier Appeal No. 9212756DW from Judgment dated JANUARY 15, 1993, Washington County Circuit Court; The decision of the Washington County Circuit Court affirming the decision of the Workers' Compensation Commission denying benefits is affirmed. Costs are taxed to appellant.


Billy G. Bridges, P. J.
94-KA-00668-COA

Hunter, Jeffrey Ray v. State of Mississippi Appeal No. CR9392C(T) from Judgment dated JULY 01, 1994, Tate County Circuit Court; The judgment of the Circuit Court of Tate County of conviction of Count I of kidnaping and sentence of thirty (30) years; Count II of sexual battery and sentence of thirty (30) years to run concurrently to sentence in Count I; Count III of rape and sentence of thirty years to run concurrently to sentence in Count II, all in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to the appellant.


James E. Thomas, P.J.
93-CA-00726-COA

Knutson, Richard A. v. Janet T. Knutson Appeal No. 53662 from Judgment dated APRIL 01, 1993, Washington County Chancery Court; The judgment of the Chancery Court of Washington County is affirmed. Statutory damages and interest are awarded. Costs of appeal are taxed to the appellant. King, J., not participating.


Billy G. Bridges, P. J.
94-KA-00164-COA

Miller, Thomas A. v. State of Mississippi Appeal No. 22266 from Judgment dated JANUARY 21, 1994, Leflore County Circuit Court; The judgment of the Circuit Court of Leflore County of conviction of aggravated DUI and suspended sentence of five (5) years in the custody of the Mississippi Department of Corrections and order to pay restitution of $4,160.00 is affirmed. All costs of this appeal are taxed to Leflore County.


Oliver E. Diaz, Jr., J.
95-CA-01069-COA

Anderson, Gae Lynn v. William Dwight Anderson Appeal No. 20317 from Judgment dated SEPTEMBER 11, 1995, Marshall County Chancery Court; The judgment of the Marshall County Chancery Court is hereby reversed and remanded. All costs of this appeal are taxed to the appellee.


Oliver E. Diaz, Jr., J.
93-KA-01451-COA

O'Bryant, Donald v. State of Mississippi Appeal No. 7783 from Judgment dated NOVEMBER 29, 1993, Bolivar County Circuit Court, Second Judicial District; The judgment of the Circuit Court of Bolivar County of conviction of forgery and sentence of ten years in the custody of the Mississippi Department of Corrections and make full restitution to the victim is hereby affirmed. This sentence shall run consecutive to any and all sentences previously imposed. All costs of this appeal are taxed to Bolivar County.


Roger H. McMillin, Jr., J.
94-KA-00418-COA

Landingham, Terry Louis v. State of Mississippi Appeal No. 9826 from Judgment dated MARCH 28, 1994, Attala County Circuit Court; The judgment of the Attala County Circuit Court of conviction of the crime of aggravated assault, sentence of fourteen years in the custody of the Mississippi Department of Corrections, and order to pay restitution in the amount of $1,450.00 to Edward Alston is affirmed. This sentence is to be served consecutively with any other sentence previously imposed. Costs of this appeal are assessed to Attala County.


Roger H. McMillin, Jr., J.
94-CA-00111-COA

Jones, III, C. Edmonson, Gus A. Primos, Daniel C. Hughes, James W. Elliot, Jr., Walter Michael Dennis, and Grinnel Run Hunting Club, Inc. v. David M. Halbrook, Ann H. Peden, David McCall Halbrook, Jr., Lynn H. Donahoo, Andrew Lee Halbrook, Henry P. Williams, Jr., Eva W. Williams, Bob Bearden, Mitchell Pearson, Shelby Pinkerton, and James W. Donahoo Appeal No. 5670 from Judgment dated DECEMBER 28, 1993, Humphreys County Chancery Court; The judgment of the Humphreys County Chancery Court in favor of appellees is reversed and this case is remanded for further proceedings not inconsistent with this opinion. Costs of this appeal are assessed to the appellees. Payne, J., not participating.


Roger H. McMillin, Jr., J.
93-CA-01460-COA

Riley, James L. v. Laura M. Riley Appeal No. 27714 from Judgment dated DECEMBER 28, 1993, Lowndes County Chancery Court; The judgment of the Lowndes County Chancery Court is affirmed on direct and cross appeals. Costs of this appeal are assessed to the appellant.


Mary Libby Payne, J.
93-KA-00712-COA

Howard, Leonard C. v. State of Mississippi Appeal No. 903013 from Judgment dated APRIL 08, 1993, Hinds County Circuit Court, First Judicial District; The judgment of the Circuit Court of Hinds County of conviction of aggravated assault and sentence to twenty years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Hinds County.


Leslie H. Southwick, J.
95-CA-00406-COA

Johnson, Leodis v. Department of Human Services Appeal No. 6332 from Judgment dated MARCH 13, 1995, Greene County Chancery Court; The judgment of the Chancery Court of Greene County is affirmed. All costs of this appeal are taxed to appellant, Leodis Johnson.


Leslie H. Southwick, J.
94-CA-00434-COA

Inner-Office, Inc. v. City of Jackson, Mississippi Appeal No. 9377273 from Judgment dated APRIL 08, 1994, Hinds County Circuit Court, First Judicial District; The appeal of the judgment of the Hinds County Circuit Court for the First Judicial District is affirmed. All costs of this appeal are taxed to the appellant, Inner-Office, Inc.


James E. Thomas, P.J.
93-CA-01340-COA

Patterson-Morris Lincoln-Mercury, Inc. v. Charles Magee Appeal No. 6817 from Judgment dated JULY 20, 1993, Covington County Circuit Court; The judgment of the Circuit Court of Covington County is reversed and rendered. All costs are assessed to the appellee. King, J., concurs in part and dissents in part with separate written opinion.


Oliver E. Diaz, Jr., J.
93-KA-00927-COA

Ross, Sammy Joe v. State of Mississippi Appeal No. 11573 from Judgment dated MAY 07, 1993, Alcorn County Circuit Court; DISPOSITION - Motion to withdraw as counsel and motion appointing counsel granted. Motion to extend time for filing any motion for rehearing to commence upon lower court's order appointing counsel granted. Order entered.