01/06/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2003-IA-01504-SCT

Lissa Snyder v. Julius Stephen Logan d/b/a Logan Insurance Agency and Nationwide Assurance Company; Jefferson Circuit Court; LC Case #: 2002-31; Ruling Date: 06/09/2003; Ruling Judge: Lamar Pickard; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Smith, C.J., Diaz and Graves, JJ., not participating.

Mississippi Power Company and Southern Company Services, Inc. v. Herbert C. Hanson, Jr.; Harrison Chancery Court 1st District; LC Case #: 02-00922; Ruling Date: 11/10/2003; Ruling Judge: Donald Patterson; Majority Opinion: Easley, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Julia Gates Hines Mabus v. Raymond Edwin Mabus, Jr.; Hinds Chancery Court 1st District; LC Case #: G-98-28 R/1; Ruling Date: 08/08/2000; Ruling Judge: Stuart Robinson; Disposition: Petition for rehearing is granted and the request for oral argument is denied. The statutory penalty is clarified and applicable to the equitable distribution award of cash, property and debt relief only and excludes any award of child support and any disposition of non-marital property. Ray Mabus is entitled to the 15% assessment of statutory damages in the amount of $91,743.99, based upon the appellant's equitable distribution in the amount of $611,626.60. Diaz and Graves, JJ., not participating. Order entered.

Roosevelt Maxwell a/k/a Roosevelt Maxwell, Jr. v. State of Mississippi; Lincoln Circuit Court; LC Case #: 00-205-KS; Ruling Date: 08/23/2001; Ruling Judge: Keith Starrett; Disposition: Petition for writ of certiorari filed by Roosevelt Maxwell is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Shannon Jenkins a/k/a Slink v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 99-191-CR; Ruling Date: 02/08/2002; Ruling Judge: John Montgomery; Majority Opinion: Graves, J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. Conviction of Escape is Affirmed. Sentence of Five Years is Reversed and this case is Remanded to the Circuit Court of Oktibbeha County for Re-sentencing under Miss. Code Ann. Section 97-7-49 (Supp. 2001). Oktibbeha County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley, J., Dissents without Separate Written Opinion. Randolph, J., Dissents with Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: Randolph, J.

Timothy Bun Hammers v. Stephanie Evonne (Gilliam) Hammers; DeSoto Chancery Court; LC Case #: 00-6-906 L; Ruling Date: 09/06/2002; Ruling Judge: Percy Lynchard, Jr.; Disposition: Petition for writ of certiorari filed by Stephanie Evonne (Gilliam) Hammers is denied. To Deny: Cobb, P.J., Easley, Dickinson and Randolph, JJ. To Grant: Smith, C.J., Waller, P.J., and Carlson, J. Not Participating: Diaz and Graves, JJ. Order entered.

Timothy Bun Hammers v. Stephanie Evonne (Gilliam) Hammers; DeSoto Chancery Court; LC Case #: 00-6-906 L; Ruling Date: 09/06/2002; Ruling Judge: Percy Lynchard, Jr.; Disposition: Petition for writ of certiorari filed by Timothy Bun Hammers is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Capital City Insurance Company and W. L. Wicker d/b/a Wicker Logging v. G. B. "Boots" Smith Corporation; Jones Circuit Court 2nd District; LC Case #: 2000-4-CV1; Ruling Date: 09/20/2002; Ruling Judge: Billy Landrum; Disposition: Petition for Rehearing or Clarification filed by counsel for W. L. Wicker d/b/a Wicker Logging is denied. Not Participating: Diaz, Graves and Randolph, JJ. Order entered.

Capital City Insurance Company and W. L. Wicker d/b/a Wicker Logging v. G. B. "Boots" Smith Corporation; Jones Circuit Court 2nd District; LC Case #: 2000-4-CV1; Ruling Date: 09/20/2002; Ruling Judge: Billy Landrum; Disposition: Petition for Rehearing or Clarification filed by counsel for W. L. Wicker d/b/a Wicker Logging is denied. Not Participating: Diaz, Graves and Randolph, JJ. Order entered.

Laurie Kuluz v. City of D'Iberville, Mississippi; Harrison Circuit Court 2nd District; LC Case #: 2402-2002-0179; Ruling Date: 04/09/2003; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed by Laurie Kuluz is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

General Motors Corporation v. Priscilla Myles, Individually and on Behalf of the Heirs at Law of Jarrod Myles, Deceased; Humphreys Circuit Court; LC Case #: 99-0064; Ruling Date: 05/23/2003; Ruling Judge: Jannie Lewis; Majority Opinion: Easley, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Freddie Dabney Hataway, Co-executor of the Estate of Eloise W. Dabney v. Estate of Mary Dabney Nicholls, Deceased, David H. Dabney and Eloise Dabney Lautier; Warren Chancery Court; LC Case #: 00-390GN; Ruling Date: 09/10/2003; Ruling Judge: William Willard, Jr.; Disposition: On the Court's own motion, the appellant shall within fourteen (14) days of entry of this order, file and serve a written response to the appellees' motion for rehearing; and upon receipt of the appellant's response, this Court will proceed to decide in due course the pending motion for rehearing. Diaz, J., not participating. Order entered.

Mississippi Power Company and Southern Company Services, Inc. v. Herbert C. Hanson, Jr.; Harrison Chancery Court 1st District; LC Case #: 02-00922; Ruling Date: 11/10/2003; Ruling Judge: Donald Patterson; Disposition: Motion to Dismiss Appeal of Mississippi Power Company filed by counsel for Herbert C. Hanson, Jr., is denied. Diaz, J., not participating. Order entered.

Harold's Auto Parts, Inc.,et al. v. Flower Mangialardi, et al.; Bolivar Circuit Court 1st District; LC Case #: 2001-37; Ruling Judge: Kenneth Thomas; Disposition: Motion for Court to Designate for Publication Order and Opinion of August 26, 2004, filed by appellants, is granted. This Court's order in this matter, entered August 26, 2004, is hereby designated for publication. To Deny: Graves, J. Not Participating; Diaz and Randolph, JJ. Order entered.

William Lewis Gaskin v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10-680(2); Ruling Judge: Kathy Jackson; Disposition: William Lewis Gaskin's Application for Leave to Proceed in the Trial Court is denied. William Lewis Gaskin's Motion to Compel Part of the Record from the Court Reporter is denied. Waller and Cobb, P.JJ., Carlson and Graves, JJ., would grant. Diaz, J., not participating. Order entered.

Robert Y. Kent and T & M Foods, Ltd. v. Dimple G. Whitaker and Clyde Whitaker; Lee Circuit Court; LC Case #: 01-039(G)L; Ruling Judge: Paul Funderburk; Disposition: Petition for Recusal of Judge Paul S. Funderburk filed by Robert Y. Kent & T & M Foods, LTD, is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson and Graves, JJ. To Grant: Cobb, P.J., Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Denise Teasley v. Connie Sue Havard; George Circuit Court; LC Case #: 2002-0190(1); Ruling Date: 09/30/2003; Ruling Judge: Robert Krebs; Disposition: Petition for Permission to Appeal Pursuant to Rule 5, Mississippi Rules of Appellate Procedure of Denise Teasley, M.D., is denied. To Grant: Smith, C.J., Cobb, P.J., Easley and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Dr. Chris Frailie v. Latisha Brown and Fredrick Williams, Individually and on Behalf of the Wrongful Death Beneficiaries of Fredrecia William, a Minor, Deceased; Holmes Circuit Court; LC Case #: 2003-282; Ruling Date: 10/13/2004; Ruling Judge: Jannie Lewis; Disposition: Petition for Interlocutory Appeal filed by Dr. Chris Frailie is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

John P. Mladineo, M. D. v. Albert J. Brown; Hinds Circuit Court 1st District; LC Case #: 251-02-1218CIV; Ruling Date: 10/15/2004; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal filed by counsel for John P. Mladineo, M.D., is denied. To Deny: Waller, P.J., Easley, Carlson and Graves, JJ. To Grant: Smith, C.J., Cobb, P.J., and Dickinson, J. Not Participating: Diaz and Randolph, JJ. Order entered.

In Re: Eddie Lee Howard, Jr.; Lowndes Circuit Court; LC Case #: 2000-0115-CV1; Ruling Date: 11/10/2004; Ruling Judge: Lee Howard; Disposition: Petition for Writ of Mandamus and/or Extraordinary Relief, or in the alternative, Interlocutory Appeal by Permission, Pursuant to Rule 5, M.R.A.P., as amended, filed by counsel for Eddie Lee Howard, Jr., is denied. Cobb, P.J., Graves and Dickinson, JJ., would grant. Easley, J., abstains. Diaz, J., not participating. Order entered.