Mississippi Court of AppealsHand Down List
November 4, 2003
11/04/2003 - Hand Down and published opinions in WordPerfect/ZIP format
Griffis, T. Kenneth
X 2002-CC-00757-COA
Doris J. Davis v. Mississippi Employment Security Commission and Delta Regional Medical Center; Washington Circuit Court; LC Case #: CI2001-201; Ruling Date: 04/02/2002; Ruling Judge: Betty Sanders; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Washington County is reversed and remanded to the Mississippi Employment Security Commission for proceedings consistent with this opinion. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., concur.
Griffis, T. Kenneth
X 2002-CC-01522-COA
Mississippi Employment Security Commission and Tyson Farms, Inc. v. Andrew K. Nordstrom; Warren Circuit Court; LC Case #: 02,0043-CI; Ruling Date: 08/02/2002; Ruling Judge: Frank Vollor; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Warren County is affirmed. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., concur.
Griffis, T. Kenneth
X 2002-CA-01687-COA
Bobby Pennington, Individually v. Dillard Supply, Inc.; Pontotoc Circuit Court; LC Case #: CV99-137R; Ruling Date: 04/15/2002; Ruling Judge: Paul Funderburk; Majority Opinion: Griffis, J. Disposition: The judgment of the Pontotoc County Circuit Court is affirmed. Statutory damages and interest are awarded. Costs are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Chandler, JJ., concur.
Chandler, David Anthony
X 2001-CA-01700-COA
Jon C. McCoy d/b/a McCoy Homes v. Phil Gibson and Penny Gibson; Rankin Chancery Court; LC Case #: 48,020 (Z); Ruling Date: 09/28/2001; Ruling Judge: Thomas Zebert; Majority Opinion: Chandler, J. Disposition: The judgment of the Rankin County Chancery Court is affirmed. Statutory damages and interest are awarded. Costs of this appeal are assessed to the appellant. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving and Myers, JJ., concur. Griffis, J., not participating.
Chandler, David Anthony
XX 2002-KP-00403-COA
Robert K. Fowler v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 1997-0087-CR; Ruling Date: 01/30/2002; Ruling Judge: Lee Howard; Majority Opinion: Chandler, J. Disposition: This appeal is dismissed without prejudice. All costs of this appeal are taxed to Oktibbeha County. Votes: McMillin, C.J., Bridges, Thomas, Lee, and Griffis, JJ., concur. Myers, J., not participating. Dissenting Opinion: Irving, J. Votes: King and Southwick, P.JJ., join this opinion.
Chandler, David Anthony
X 2002-KA-01019-COA
Derrick Leon Stone a/k/a Derrick Andre Stone v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2001-703RD; Ruling Date: 06/21/2002; Ruling Judge: George Ready; Majority Opinion: Chandler, J. Disposition: The judgment of the Circuit Court of DeSoto County of conviction of Count I unlawful taking of an automobile and sentence of five years; Count II grand larceny and sentence of five years in the custody of the Mississippi Department of Corrections to run consecutively to Count I is affirmed. DeSoto County is assessed all costs of this appeal. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ., concur.
Irving, Tyree
X 2002-KA-01134-COA
Hershel Miles, Jr. v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: 2001-157-BP2; Ruling Date: 06/27/2002; Ruling Judge: Andrew Baker; Majority Opinion: Irving, J. Disposition: The judgment of the Circuit Court of Panola County of conviction of uttering a forgery and sentence of life imprisonment in custody of the Mississippi Department of Corrections without the possibility of parole is affirmed. All costs of this appeal are assessed to Panola County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Chandler and Griffis, JJ., concur. Myers, J., not participating.
Lee, L. Joseph
X 2002-KA-01162-COA
Mario Williams v. State of Mississippi; Tallahatchie Circuit Court 2nd District; LC Case #: CR-2001-13-B-T2; Ruling Date: 06/24/2002; Ruling Judge: Andrew Baker; Majority Opinion: Lee, J. Disposition: The judgment of the Tallahatchie County Circuit Court 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 taxed to Tallahatchie County. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Irving, Myers, Chandler and Griffis, JJ., concur.
Bridges, Billy G.
XX 2002-CA-01364-COA
Thomas Goodman v. Coast Materials Company, W.C. Fore and Pat Fore a/k/a Pat Fore, III; Harrison Circuit Court 1st District; LC Case #: 2401-93-22515; Ruling Date: 07/19/2002; Ruling Judge: Kosta Vlahos; Majority Opinion: Bridges, J. Disposition: The judgment of the Circuit Court of Harrison County is reversed and remanded for proceedings consistent with this opinion. All costs of this appeal are assessed to the appellees. Votes: King, P.J., Lee, Irving, Myers and Chandler, JJ., concur. Thomas, J., not participating. Concurring Opinion: Southwick, P.J. Votes: McMillin, C.J., and Griffis, J., join this opinion.
Southwick, Leslie H.
X 2002-CP-00663-COA
Heather Patrice Hogrobrooks v. Progressive Direct; Tunica Circuit Court; LC Case #: 01-0246; Ruling Date: 02/12/2003; Ruling Judge: Larry Lewis; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Tunica County is affirmed. All costs are assessed to the appellant. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.
Southwick, Leslie H.
X 2002-CA-01544-COA
Timothy Lattimore v. Emmitt Sparkman; Sunflower Circuit Court; LC Case #: 2002-0077-M; Ruling Date: 08/12/2002; Ruling Judge: W. Hines; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Sunflower County is affirmed. All costs are assessed to the appellant. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.
Southwick, Leslie H.
X 2002-KM-01873-COA
Tami Saucier v. City of Poplarville; Pearl River Circuit Court; LC Case #: A-1520-1; Ruling Date: 10/24/2002; Ruling Judge: John Kitchens; Majority Opinion: Southwick, P.J. Disposition: The judgment of the Circuit Court of Pearl River County of conviction of DUI first offense and sentence of two days in the Pearl River County Jail, suspended, and fine of $500 is affirmed. All costs are assessed to the appellant. Votes: McMillin, C.J., King, P.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur.
King, Leslie D.
X 2002-CA-01028-COA
Jesse M. Ash, Sr. v. Floy Lorriane Russom Ash; Marshall Chancery Court; LC Case #: 00-0160; Ruling Date: 04/03/2002; Ruling Judge: Glenn Alderson; Majority Opinion: King, P.J. Disposition: The judgment of divorce by the Chancery Court of Marshall County is affirmed. The award of alimony and division of property is reversed and remanded for such further proceedings as are consistent with the terms of this opinion. Costs of this appeal are assessed one-half to the appellant and one-half to the appellee. Votes: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ., concur. Chandler, J., not participating.
King, Leslie D.
X 2002-KA-01058-COA
Donna Duncan Brooks v. State of Mississippi; Walthall Circuit Court; LC Case #: 2001-89-B; Ruling Date: 05/15/2002; Ruling Judge: Mike Smith; Majority Opinion: King, P.J. Disposition: The judgment of the Walthall County Circuit Court of conviction of two counts of the unlawful sale of a controlled substance within fifteen hundred feet of a church is affirmed. The judgment of sentence is reversed and remanded. All costs of this appeal are assessed to Walthall County. Votes: McMillin, C.J., Bridges, Thomas, Lee, Irving, Myers, Chandler and Griffis, JJ., concur. Southwick, P.J., concurs in result only.
EN BANC
X 2001-CA-00087-COA
Samuel T. Norris v. Marvin B. Cox, Mary A. Cox, Jeffrey Jackson, David Cox, Kathy Mashburn, Larry Woodard, Lisha Woodard, X, Y and Z Defendants, Harold Jackson and Elizabeth Cox; Lee Chancery Court; LC Case #: 98-0458; Ruling Date: 12/07/2000; Ruling Judge: Jacqueline Mask; Majority Opinion: Myers, J. Disposition: The original opinion is withdrawn and this opinion is substituted therefor. The judgment of the Chancery Court of Lee County is affirmed as to both the direct appeal and the cross-appeal. Costs of the appeal are assessed one half to the appellant and one half to the appellees. Votes: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Irving and Griffis, JJ., concur. Chandler, J., not participating.
The motion for rehearing filed by the appellant is denied. Chandler, J., not participating.
EN BANC
XXX 2002-CA-00087-COA
Lori Nichols v. David Wayne Funderburk; Itawamba Chancery Court; LC Case #: 01-0165; Ruling Date: 12/21/2001; Ruling Judge: Jacqueline Mask; Majority Opinion: Griffis, J. Disposition: The judgment of the Itawamba County Chancery Court is affirmed. Costs are assessed to the appellant. Votes: McMillin, C.J., Southwick, P.J., Irving and Chandler, JJ., concur. Dissenting Opinion: Lee, J. Votes: King, P.J., Thomas and Myers, JJ., join this opinion. Bridges, J., joins this opinion in part. Concurring in Part and Dissenting in Part Opinion: Bridges, J. Votes: Myers, J., joins this opinion in part.
EN BANC
2002-CA-01395-COA
General Motors Acceptance Corporation v. Thomas L. Kuffner, Jr.; Jones Chancery Court 2nd District; LC Case #: 2000-0758; Ruling Date: 04/16/2002; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Motion to Dismiss Appeal granted. The parties shall pay their respective costs as incurred. Order entered.
EN BANC
XX 2002-CA-01762-COA
Phyllis D. Holloway v. Jerrell Lavon Holloway; Hinds Chancery Court 1st District; LC Case #: G98-29- W/4; Ruling Date: 09/24/2002; Ruling Judge: Patricia Wise; Majority Opinion: Lee, J. Disposition: The judgment of the Hinds County Chancery Court is affirmed. Costs of this appeal are taxed to the appellant. Votes: McMillin, C.J., King, P.J., Thomas, Irving and Myers, JJ., concur. Dissenting Opinion: Griffis, J. Votes: Southwick, P.J., Bridges and Chandler, JJ., join this opinion.
EN BANC
2002-KA-01921-COA
Jason Holland a/k/a Jason Allan Holland and Paul Sookraj v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2002-447 R/D; Ruling Date: 10/18/2002; Ruling Judge: George Ready; Disposition: State's Motion to dismiss Appeal granted. All costs are assessed to the appellants. Order entered.