01/11/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2006-CA-00239-SCT

Jerry Fitch, Sr. v. Johnny Valentine; Marshall Circuit Court; LC Case #: M99-380; Ruling Date: 01/25/2006; Ruling Judge: Henry Lackey; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion.

In Re: Authorization of Court Annexed Mediation In Chancery, Circuit and County Courts; Disposition: On the Court's own motion, Rule X(B) of the Court Annexed Mediation Rules for Civil Litigation is amended to read as set out in the order of this Court. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series (Mississippi Edition). Not Participating: Graves, J. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, the Comment to Rule 5 of the Mississippi Rules of Appellate Procedure is amended as set out in the order of this Court. The Clerk of this Court shall spread this order upon the minutes of this Court and a true certified copy shall be forwarded forthwith to West Publishing Company for publication in the Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. Agree: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Dickinson and Randolph, JJ. Disagree: Easley, J. Not Participating: Graves, J. Order entered.

Jeffer R. Clayton a/k/a Jeffrey Ray Clayton v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-02-00156; Ruling Date: 05/09/2003; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed pro se by Jeffer R. Clayton is dismissed as untimely filed. M.R.A.P. 17(b). Order entered.

Rickey Sturkey a/k/a Richard Sturkey a/k/a Rickey Lee Sturkey v. State of Mississippi; Scott Circuit Court; LC Case #: 2001-CR-087-SC-C; Ruling Date: 10/15/2003; Ruling Judge: V. Cotten; Disposition: Petition for writ of certiorari filed by counsel for Rickey Sturkey is denied. Petition for writ of certiorari filed pro se by Rickey Sturkey is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Graves, J. Order entered.

Kirby Tate a/k/a Kirby Glenn Tate v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 721-03; Ruling Date: 02/11/2004; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by Kirby Tate is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ. To Grant: Dickinson, J. Not Participating: Diaz, J. Order entered.

Phelan Terrell Guice v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-260; Ruling Date: 05/04/2004; Ruling Judge: Winston Kidd; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Affirmed. Conviction of Aggravated Assault with a Weapon and Sentence of Twenty (20) Years, as an Habitual Offender, without parole, probation, reduction or suspension of sentence, in the custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Randolph, JJ., Concur. Diaz, J., Dissents with Separate Written Opinion Joined by Graves and Dickinson, JJ. Dissenting Opinion: Diaz, J. Votes: Graves and Dickinson, JJ., Join This Opinion.

Janice G. Butler, Willie Butler and Mississippi School Board Workers Compensation Trust v. Upchurch Telecommunications & Alarms, Inc., Telex Communications, Inc., Bogen Communications, Inc. and J. W. Davis & Co., Inc.; Panola Circuit Court 2nd District; LC Case #: 2002-0068LP2; Ruling Date: 09/24/2004; Ruling Judge: Ann Lamar; Disposition: Petition for writ of certiorari filed by Upchurch Telecommunications & Alarms, Inc. is denied. To Deny: Waller, P.J., Diaz, Easley, Carlson, Graves and Randolph, JJ. To Grant: Smith, C.J., Cobb, P.J., and Dickinson, J. Order entered.

Janice G. Butler, Willie Butler and Mississippi School Board Workers Compensation Trust v. Upchurch Telecommunications & Alarms, Inc., Telex Communications, Inc., Bogen Communications, Inc. and J. W. Davis & Co., Inc.; Panola Circuit Court 2nd District; LC Case #: 2002-0068LP2; Ruling Date: 09/24/2004; Ruling Judge: Ann Lamar; Disposition: Petition for writ of certiorari filed by Bogen Communications, Inc., is denied. To Deny: Waller, P.J., Diaz, Easley, Carlson, Graves and Randolph, JJ. To Grant: Smith, C.J., Cobb, P.J., and Dickinson, J. Order entered.

Janice G. Butler, Willie Butler and Mississippi School Board Workers Compensation Trust v. Upchurch Telecommunications & Alarms, Inc., Telex Communications, Inc., Bogen Communications, Inc. and J. W. Davis & Co., Inc.; Panola Circuit Court 2nd District; LC Case #: 2002-0068LP2; Ruling Date: 09/24/2004; Ruling Judge: Ann Lamar; Disposition: Petition for writ of certiorari filed by J. W. Davis & Co, Inc., is denied. To Deny: Waller, P.J., Diaz, Easley, Carlson, Graves and Randolph, JJ. To Grant: Smith, C.J., Cobb, P.J., and Dickinson, J. Order entered.

Janice G. Butler, Willie Butler and Mississippi School Board Workers Compensation Trust v. Upchurch Telecommunications & Alarms, Inc., Telex Communications, Inc., Bogen Communications, Inc. and J. W. Davis & Co., Inc.; Panola Circuit Court 2nd District; LC Case #: 2002-0068LP2; Ruling Date: 09/24/2004; Ruling Judge: Ann Lamar; Disposition: Petition for writ of certiorari filed by Telex Communications, Inc., is denied. To Deny: Waller, P.J., Diaz, Easley, Carlson, Graves and Randolph, JJ. To Grant: Smith, C.J., Cobb, P.J., and Dickinson, J. Order entered.

Franklin Collection Service, Inc. v. Patty Kyle; Lee County Court; LC Case #: 03-0660; Ruling Date: 02/09/2005; Ruling Judge: Charles Brett; Majority Opinion: Dickinson, J. Disposition: Affirmed and Remanded in Part; Reversed and Rendered in Part. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Carlson, J., Concur. Randolph, J., Concurs in Part and in the Result. Randolph, J., Specially Concurs With Separate Written Opinion Joined by Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. Diaz, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Graves, J. Easley, J., not participating. Specially Concurring Opinion: Randolph, J. Votes: Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion.

Caterpillar, Inc. and General Electric Company v. Troy Smith, et al.; Hinds Circuit Court 1st District; LC Case #: 251-05-1082; Ruling Date: 09/14/2006; Ruling Judge: Bobby DeLaughter; Disposition: Motion for Clarification of the Court's Orders filed by General Electric Company and the Joinder filed by Caterpillar, Inc., are granted. On the Court's own motion, Emergency Petition for Permission to Appeal from an Interlocutory Order filed by Petitioners and dismissed by this Court on October 13, 2006, is reinstated as to cause nos. 251-05-1083 and 251-01-960, Hinds County Circuit Court. Easley, J., would deny. Graves, J., not participating. Order entered.

Caterpillar, Inc. and General Electric Company v. Troy Smith, et al.; Hinds Circuit Court 1st District; LC Case #: 251-05-1082; Ruling Date: 09/14/2006; Ruling Judge: Bobby DeLaughter; Disposition: Motion for Clarification of the Court's Orders filed by General Electric Company and the Joinder filed by Caterpillar, Inc., are granted. On the Court's own motion, Emergency Petition for Permission to Appeal from an Interlocutory Order filed by Petitioners and dismissed by this Court on October 13, 2006, is reinstated as to cause nos. 251-05-1083 and 251-01-960, Hinds County Circuit Court. Easley, J., would deny. Graves, J., not participating. Order entered.

Caterpillar, Inc. and General Electric Company v. Troy Smith, et al.; Hinds Circuit Court 1st District; LC Case #: 251-05-1082; Ruling Date: 09/14/2006; Ruling Judge: Bobby DeLaughter; Disposition: Motion for Clarification of the Court's Orders filed by General Electric Company and the Joinder filed by Petitioners is granted. Motion for Reinstatement of Petition for Interlocutory Appeal filed by petitioners is granted. The Emergency Petition for Permission to Appeal from an Interlocutory Order Denying Motion for Summary Judgment on Claims of Aiding and Abetting and Negligent Performance of an Undertaking and Motion to Stay the Trial Court Proceedings filed by Petitioners and dismissed by this Court by order dated October 16, 2006, is reinstated as to cause no. 251-05-1083, Hinds County Circuit Court. Easley, J., would deny. Graves, J., not participating. Order entered.

A. O. Smith Corporation, The BOC Group, Inc. f/k/a Airco, Inc., The ESAB Group, Inc., Hobart Brothers Company, Lincoln Electric Company, TDY Industries, Inc., Union Carbide Corporation, CBS Corporation as Successor by Merger to Viacom, Inc. f/k/a Westinghouse Electric Corporation and General Electric Company v. Troy Smith, et al.; Hinds Circuit Court 1st District; LC Case #: 251-02-1082; Ruling Date: 09/27/2006; Ruling Judge: Bobby DeLaughter; Disposition: Motion for Clarification of the Court's Orders filed by General Electric Company and the Joinder filed by Petitioners is granted. Motion for Reinstatement of Petition for Interlocutory Appeal filed by petitioners is granted. The Emergency Petition for Permission to Appeal from an Interlocutory Order Denying Motion for Summary Judgment on Claims of Aiding and Abetting and Negligent Performance of an Undertaking and Motion to Stay the Trial Court Proceedings filed by Petitioners and dismissed by this Court by order dated October 16, 2006, is reinstated as to cause no. 251-05-1083, Hinds County Circuit Court. Easley, J., would deny. Graves, J., not participating. Order entered.