11/23/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Griffis, T. Kenneth
X  2002-CA-01707-COA

City of Hernando v. North Mississippi Utility Company, A Mississippi Corporation; DeSoto Chancery Court; LC Case #: 01-7-972; Ruling Date: 01/07/2002; Ruling Judge: Melvin McClure, Jr.; Majority Opinion: Griffis, J. Disposition: The judgment of the DeSoto County Chancery Court is reversed and remanded. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur.

Randy Arbuckle a/k/a Randy Dean Arbuckle and Tanoah Bittick v. State of Mississippi; Itawamba Circuit Court; LC Case #: CR02-072; Ruling Date: 01/27/2003; Ruling Judge: Sharion Aycock; Majority Opinion: Griffis, J. Disposition: The judgment of the Circuit Court of Itawamba County of conviction of Randy Arbuckle of Count I, burglary and sentence of twenty-five years in the custody of the Mississippi Department of Corrections with fifteen years suspended and five years of post-release supervision, pay fine and costs of $1,748.50 and pay restitution of $1,214 to be paid jointly and severally with co-defendant; Count II, simple assault and sentence of six months in the Itawamba County jail, suspended and fine of $500 is affirmed. All costs of this appeal are assessed to Itawamba County. The judgment of the Circuit Court of Itawamba County of conviction of Tanoah Bittick of Count I, burglary and sentence of five years in the custody of the Mississippi Department of Corrections with sentence suspended and five years supervised probation, pay fine and costs of $1,748.50 and pay restitution of $1,214 jointly and severally with co-defendant; Count II, simple assault and sentence of six months in the Itawamba County jail, suspended, to run concurrently with sentence in Count I and fine of $500 is affirmed. All costs of this appeal are assessed to Itawamba County. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Barnes and Ishee, JJ., concur. King, C.J., concurs in result only.

Hattie Sue Thornton v. State of Mississippi; Leake Circuit Court; LC Case #: 02-CR-070-LE-G; Ruling Date: 01/16/2003; Ruling Judge: Marcus Gordon; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Leake County of conviction of aggravated assault and sentence of ten years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are assessed to Leake County. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Sports Page Incorporated d/b/a David M's Investments, David E. Mattina, Jr. d/b/a Sports Page Incorporated, David E. Mattina, Jr. d/b/a Boomers and David E. Mattina, Jr., Individually v. Charles N. Punzo d/b/a Punzo Construction Co.; Harrison Circuit Court 2nd District; LC Case #: A2402-98-00093; Ruling Date: 01/10/2003; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Harrison County, Second Judicial District is reversed and rendered as to the assessment of attorney's fees and prejudgment interest and affirmed in all other respects as to direct appeal and cross-appeal is moot. Costs of this appeal are to be divided equally between the appellants/cross-appellees and appellee/cross-appellant. Votes: King, C.J., Bridges and Lee, P.JJ., Irving, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Eddie Black v. State of Mississippi; Lee Circuit Court; LC Case #: CV0l-033(B)L; Ruling Date: 08/05/2003; Ruling Judge: Sharion Aycock; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Lee County dismissing motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Lee County. Votes: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Justin Lenard Spencer a/k/a Justin Spencer v. State of Mississippi; Calhoun Circuit Court; LC Case #: C2003-042; Ruling Date: 02/19/2004; Ruling Judge: Andrew Howorth; Majority Opinion: Myers, J. Disposition: The judgment of the Circuit Court of Calhoun County denying the motion for post-conviction relief is affirmed. All costs of this appeal are assessed to Calhoun County. Votes: King, C.J., Bridges and Lee, P.JJ., Chandler, Griffis, Barnes and Ishee, JJ., concur. Irving, J., concurs in result only.

Sheila Wells, Individually and on Behalf of the Wrongful Death Beneficiaries of Roderick Wells, Deceased v. Tru-Mark Grain, Inc. and Levoy Wayne Knight; Pike Circuit Court; LC Case #: 02-013-A; Ruling Date: 03/27/2003; Ruling Judge: Keith Starrett; Majority Opinion: Lee, P.J. Disposition: The judgment of the Circuit Court of Pike County is affirmed. Costs of this appeal are assessed to the appellant. Votes: Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur. Dissenting Opinion: King, C.J. Votes: Bridges, P.J., and Irving, J., join this opinion.

Martina Tucker and husband, Joseph Tucker v. Riverboat Corporation of Mississippi d/b/a Isle of Capri Casino; Harrison Circuit Court 2nd District; LC Case #: A2402-97-00199; Ruling Date: 06/04/2003; Ruling Judge: Kosta Vlahos; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Harrison County is affirmed. All costs of this appeal are assessed to the appellants. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

George Henry, Jr. v. Mississippi Employment Security Commission; Washington Circuit Court; LC Case #: 2003-0171; Ruling Date: 10/07/2003; Ruling Judge: Richard Smith; Majority Opinion: King, C.J. Disposition: The judgment of the Circuit Court of Washington County denying unemployment benefits is affirmed. Votes: Bridges and Lee, P.JJ., Irving, Myers, Chandler, Griffis, Barnes and Ishee, JJ., concur.

Dayon James a/k/a Dayon Hasan James, Sr. a/k/a Dayon Hasan-Nevada James v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 9501119; Ruling Date: 07/15/1996; Ruling Judge: Jerry Terry, Sr.; Disposition: Appellant's motion for rehearing is denied. Ishee, J., not participating.

Edward P. Keszenheimer, Jr. v. Robert Clinton Boyd, Gail Swan Akin, Edwin Y. Hannan, William Carter Smallwood, III, James Randall Wallace, Jr., Boyd & Akin PLLC and Boyd, Akin, Hannan & Smallwood PLLC; Hinds Circuit Court 1st District; LC Case #: 251-01-001456-CIV; Ruling Date: 07/22/2002; Ruling Judge: W. Yerger; Disposition: Appellant's motion for rehearing is denied. Griffis, Barnes and Ishee, JJ., not participating.

Anne Callaway Sweat Thompson v. Allen Hale Thompson; Washington Chancery Court; LC Case #: 00723; Ruling Date: 09/09/2002; Ruling Judge: Ceola James; Disposition: Appellee's motion for rehearing is denied. Ishee, J., not participating.

In Re: Guardianship of Rickie Jamal Brown, Jr., and Ebony Cierra Brown, Minors: Rickie Brown v. Elizabeth Wiley; Grenada Chancery Court; LC Case #: 02-10-286L; Ruling Date: 02/28/2003; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Chandler, J. Disposition: The judgment of the Chancery Court of Grenada County is reversed and remanded for further proceedings consistent with this opinion. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Griffis, Barnes and Ishee, JJ., concur. Dissenting Opinion: Irving, J.

Patricia Purnell v. The Public Employees' Retirement System; Hinds Circuit Court 1st District; LC Case #: 251-00-000530-CIV-SY; Ruling Date: 03/13/2003; Ruling Judge: W. Yerger; Disposition: Appellant's motion for rehearing is denied. Barnes and Ishee, JJ., not participating.

Fred H. Drews, III, and Bonnie Drews v. City of Hattiesburg; Forrest Circuit Court; LC Case #: C102-0156; Ruling Date: 03/13/2003; Ruling Judge: Billy Landrum; Disposition: Appellee's motion for rehearing is denied. Lee, P.J., and Ishee, J., not participating.

Bertram Lenato McManis a/k/a Betram McManis v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2002-944-R(D); Ruling Date: 04/11/2003; Ruling Judge: George Ready; Disposition: Appellant's motion for rehearing is denied. Ishee, J., not participating.

Eroll Mann a/k/a Erroll Todd Mann v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-1-035; Ruling Date: 02/11/2003; Ruling Judge: W. Yerger; Disposition: Appellant's motion for rehearing is denied. Ishee, J., not participating.

In Re: Estate of Isaac Crutcher, Deceased: Rebecca C. Johnson v. Dorothy Dodson, Carolyn Newsom, Ozell Newsom, Diane Mason, Issac Dodson and Wallace Anderson; DeSoto Chancery Court; LC Case #: 97-2-243; Ruling Date: 12/30/2002; Ruling Judge: Dennis Baker; Majority Opinion: Lee, P.J. Disposition: The judgment of the DeSoto County Chancery Court is affirmed. Costs of this appeal are taxed to the appellant. Votes: Irving, Chandler, Barnes and Ishee, JJ., concur. Dissenting Opinion: Bridges, P.J. Votes: King, C.J., Myers and Griffis, JJ., join this opinion.

Michael Bruce Thornhill v. Jean F. Thornhill; Lamar Chancery Court; LC Case #: 2001-0204-GN-W; Ruling Date: 06/09/2003; Ruling Judge: Johnny Williams; Majority Opinion: Irving, J. Disposition: The judgment of the Chancery Court of Lamar County is affirmed as to the denial of summary judgment on behalf of the appellant and reversed and remanded as to the grant of appellee's motion to dismiss. All costs of this appeal are assessed to the appellee. Votes: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Barnes and Ishee, JJ., concur. Griffis, J., concurs in result only.