01/15/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Easley, Chuck
X  2002-CA-00536-SCT

Mike Moore; Phillip Martin, The Mississippi Band of Choctaw Indians; Thomas E. Jolly, Jr.; N. L. Carson; Robert Rogers; and H. Eagle Day v. Bell Chevrolet-Pontiac-Buick-GMC, LLC; Bill Ethridge Lincoln Mercury, Inc.; Don Davis Chevrolet, Inc.; Ed Davis Motors, Inc.; Griffis Ford-Mercury, Inc.; Killens Chevrolet-Oldsmobile-Pontiac, Inc.; Marshall Ford Company, Inc.; Starkville Ford-Lincoln-Mercury, Inc.; Tom Brooks Auto Sales Inc.; and Triple M Motors, Inc.; Rankin Chancery Court; LC Case #: 51193; Ruling Date: 03/22/2002; Ruling Judge: Thomas Zebert; Consolidated with 2002-M-00531-SCT Mike Moore; Thomas E. Jolly, Jr.; N. L. Carson; Robert Rogers and H. Eagle Day v. Bell Chevrolet-Pontiac-Buick-GMC, LLC; Bill Ethridge Lincoln Mercury, Inc.; Don Davis Chevrolet, Inc.; Ed Davis Motors, Inc.; Griffis Ford-Mercury, Inc.; Marshall Ford Company, Inc.; Starkville Ford-Lincoln-Mercury, Inc.; Tom Brooks Auto Sales, Inc. and Triple M Motors, Inc.; Rankin Chancery Court; LC Case #: 51193; Ruling Date: 03/22/2002; Ruling Judge: Thomas Zebert; Majority Opinion: Easley, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Carlson and Graves, JJ., Concur. Cobb, J., Concurs in Result Only. Waller, P.J., Diaz and Dickinson, JJ., not participating.

Illinois Central Railroad Company, Herbert Bennett and J. R. Wright v. Bertha Lee Winters; Demetrius Hawkins; Lucious Robinson, Individually, and as Father and Next Friend of Shuntai Robinson, Sherita Robinson and Juanita Robinson, Minors; Kevin Mabry; Tibithal O. Selders; Alvin P. Haymer; Dennis Haymer; Ira Haymer; Miller Haymer; Annette Haymer Fort; Larry Haymer; and Stephanie Haymer Perkins; Holmes Circuit Court; LC Case #: 96-0072; Ruling Date: 09/17/2002; Ruling Judge: Jannie Lewis; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

Robin Medlin v. Hazlehurst Emergency Physicians, Emcare of Mississippi, Inc. a/k/a Emcare, Inc., Willard Speed, Jr., M.D., Copiah Medical Associates, Brian Twedt, M.D., Philip Cranston, M.D., and Robert L. Walker, M.D.; Copiah Circuit Court; LC Case #: 2001-0332; Ruling Date: 11/25/2002; Ruling Judge: Lamar Pickard; Majority Opinion: Smith, P.J. Disposition: On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Affirmed. Appellant and appellees taxed with costs of appeal. Votes: Pittman, C.J., Waller, P.J., Cobb, Carlson, Graves and Dickinson, JJ., Concur. Easley, J., Concurs in Result Only. Diaz, J., not participating.

Billy Wayne Frith and Wanda Frith as Parents and Natural Guardians of Joshua Brent Frith, a Minor v. BIC Corporation; Scott Circuit Court; LC Case #: 97-0261; Ruling Date: 06/20/2000; Ruling Judge: V. Cotten; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Reversed and The Judgment of the Trial Court is Affirmed. Billy Wayne Frith and Wanda Frith taxed with costs of appeal. Votes: Pittman, C.J., Smith and Waller, P.JJ., Cobb and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Home Insurance Company v. Mississippi Insurance Guaranty Association ; Rankin Circuit Court; LC Case #: 16,096; Ruling Date: 05/23/2001; Ruling Judge: John Kitchens; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Easley, Carlson, Graves and Dickinson, JJ., Concur. Cobb, J., Concurs in Result Only. Diaz, J., not participating.

Gary W. Morrison v. Mississippi Department of Human Services; Alcorn Chancery Court; LC Case #: 25,287; Ruling Date: 06/12/2001; Ruling Judge: John Ross, Jr.; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part as to the Educational Expenses Issue and Reversed in Part as to all other issues. The Judgment of the Chancery Court of Alcorn County of Willful Contempt of Court is Vacated; and the Judgment of the Chancery Court of Alcorn County is Reversed and Renderd as to the Educational Expenses Issue. Mississippi Department of Human Services taxed with costs of appeal. Votes: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Easley, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

Patrick Lippincott v. Mississippi Bureau of Narcotics; Clay Circuit Court; LC Case #: 2000-58; Ruling Date: 10/08/2001; Ruling Judge: Lee Howard; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by counsel for Patrick Lippincott is extended until February 12, 2004. A final decision on whether to grant or deny the petition shall be entered on or before February 12, 2004. Order entered.

Larry Hymes v. Willard L. McIlwain, Jr., George T. Kelly and George Dunbar Prewitt; Washington Circuit Court; LC Case #: CI-2001-17; Ruling Date: 07/23/2001; Ruling Judge: Richard Smith; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Larry Hymes, pro se, is extended until February 20, 2004. A final decision on whether to grant or deny the petition shall be entered on or before February 20, 2004. Order entered.

Rodrequiz W. Hargett v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2001-00096; Ruling Date: 03/05/2002; Ruling Judge: Stephen Simpson; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed pro se by Rodrequiz W. Hargett is extended until February 27, 2004. A final decision on whether to grant or deny the petition shall be entered on or before February 27, 2004. Order entered.

Pearlie Thomas v. State Farm Fire and Casualty Company a/k/a State Farm General Insurance Company; Sunflower Circuit Court; LC Case #: 96-0307; Ruling Date: 03/25/2002; Ruling Judge: Margaret Carey-McCray; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by counsel for Pearlie Thomas is extended until February 13, 2004. A final decision on whether to grant or deny the petition shall be entered on or before February 13, 2004. Order entered.

Aberdeen Municipal School District v. Sam Blaylock; Monroe Chancery Court; LC Case #: 2001-716; Ruling Date: 07/23/2002; Ruling Judge: Charles Thomas; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by counsel for Sam Blaylock is extended until February 27, 2004. A final decision on whether to grant or deny the petition shall be entered on or before February 27, 2004. Order entered.

In the Matter of the Extension and Enlarging of the Boundaries of the City of Laurel, Mississippi: Randy Chesney and the City of Laurel, Mississippi; Jones Chancery Court 2nd District; LC Case #: 2002-0616; Ruling Date: 10/22/2002; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Smith, P.J. Disposition: Reversed and Remanded. City of Laurel taxed with costs of appeal. Votes: Cobb, Carlson, Graves and Dickinson, JJ., Concur. Pittman, C.J., Waller, P.J., Diaz and Easley, JJ., not participating.

Mississippi Commission on Judicial Performance v. Walter W. Teel; LC Case #: 2002-195; Ruling Date: 03/26/2003; Ruling Judge: C. Morgan, III; Majority Opinion: Waller, P.J. Disposition: Walter W. Teel, former Chancery Judge of the Eighth Chancery Court District is hereby ordered to be (1) publicly reprimanded by the Senior Judge of the Eighth Chancery Court District for willful misconduct and conduct prejudicial to the administration of justice that brings the judicial office into disrepute and (2) pay the costs of this proceeding in the amount of $440.69. Walter W. Teel taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Carlson, Graves and Dickinson, JJ., Concur. Diaz and Easley, JJ., not participating.