01/19/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
  2004-CA-00493-SCT

Jason C. Smith, Individually and as Personal Representative of Cathy D. Cool (Stampley), Deceased v. River Oaks Hospital, Inc., and John D. Wofford, Jr., M.D.; Hinds Circuit Court 1st District; LC Case #: 251-01-738CIV; Ruling Date: 04/15/2003; Ruling Judge: Winston Kidd; Majority Opinion: Dickinson, J. Disposition: Per Curiam Affirmance Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ., Concur. Diaz, J., not participating.

Frances Mary (Robbins) Richardson, Individually and as Administratrix of the Estate of Michael Ray Robbins, II, Deceased v. Norfolk Southern Railway Company; Alcorn Circuit Court; LC Case #: 99-151(G)A; Ruling Date: 03/26/2004; Ruling Judge: Thomas Gardner, III; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Joseph Austin, M.D. and Vicksburg Healthcare, LLC v. Kathy Wells and Curtis Wells, Sr.; Jefferson Circuit Court; LC Case #: 2002-358; Ruling Date: 06/07/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Dexter Fulton v. Penny Fulton; Lowndes Chancery Court; LC Case #: 2003-0963; Ruling Date: 10/13/2004; Ruling Judge: Dorothy Colom; Majority Opinion: Carlson, J. Disposition: Per Curiam Affirmance Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Graves, Dickinson and Randolph, JJ., Concur. Diaz and Easley, JJ., not participating.

Floyd Williams, Jr. v. Donald Bennett, Individually and d/b/a Krosstown Trade & Pawn Shop; Coahoma Circuit Court; LC Case #: 14-CI-04-0044; Ruling Date: 09/27/2004; Ruling Judge: Albert Smith, III; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Johnny Lee Johnson v. State of Mississippi; Jefferson Davis Circuit Court; LC Case #: K2000-79P; Ruling Date: 02/21/2003; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Deny: Easley, J. Not Participating: Diaz, J. Order entered.

Deborah McFarland v. Entergy Mississippi, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-97-166 c/v; Ruling Date: 03/07/2003; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by Deborah McFarland is denied. Graves and Randolph, JJ., would grant. Waller, P.J., and Diaz, J., not participating.

Billy Ray Dunaway v. State of Mississippi; Pike Circuit Court; LC Case #: 02-167-KB; Ruling Date: 11/22/2002; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed by counsel for Billy Ray Dunaway 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.

Julius Wesley Kiker v. State of Mississippi; George Circuit Court; LC Case #: 2003-10,010(1); Ruling Date: 08/01/2003; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by counsel for Julius Wesley Kiker 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.

Joseph Thompson, By and Through His Mother and Next Friend, Nancy Thompson v. Lee County School District; Lee Circuit Court; LC Case #: CV99-245(G)L; Ruling Date: 10/09/2003; Ruling Judge: Thomas Gardner, III; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Lee County Circuit Court is Reinstated and Affirmed. Joseph Thompson and Lee County School District taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley and Dickinson, JJ., Concur. Randolph, J., Dissents with Separate Written Opinion Joined by Cobb, P.J., and Graves, J. Diaz, J., not participating. Dissenting Opinion: Randolph, J. Votes: Cobb, P.J., and Graves, J., Join this Opinion.

Michelle Byrom v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CR99-065; Ruling Date: 11/18/2000; Ruling Judge: Thomas Gardner, III; Disposition: Motion for Leave to Proceed in Trial Court filed by counsel for petitioner is denied. See Opinion of this Court handed down this date. Cobb, P.J., Graves and Dickinson, JJ., would grant. Diaz, J., not participating.

Michelle Byrom v. State of Mississippi; Tishomingo Circuit Court; LC Case #: CR99-065; Ruling Date: 11/18/2000; Ruling Judge: Thomas Gardner, III; Majority Opinion: Carlson, J. Disposition: Petition for Post-Conviction Relief, Denied. Tishomingo County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley and Randolph, JJ., Concur. Dickinson, J., Dissents with Separate Written Opinion Joined by Graves, J.; Cobb, P.J., Joins in Part. Diaz, J., not participating. Dissenting Opinion: Dickinson, J. Votes: Graves, J., Join This Opinion. Cobb, P.J., Joins This Opinion in Part.

Texas Gas Transmission Corporation and Liberty Mutual Insurance Company, Employer and Carrier v. Elmer O. Dabney; DeSoto Circuit Court; LC Case #: CV2003-0110RD; Ruling Date: 12/17/2003; Ruling Judge: George Ready; Disposition: Petition for writ of certiorari filed by Texas Gas Transmission Corporation and Liberty Mutual Insurance Company is denied. To Deny: Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Smith C.J., and Cobb, P.J. Not Participating: Diaz, J. Order entered.

Percy Latiker a/k/a Percell Latiker v. State of Mississippi; Leake Circuit Court; LC Case #: 03-CR-070-LE-G; Ruling Date: 01/16/2004; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed by appellant is denied. Graves, J., would grant. Diaz, J., not participating.

Joe Broome v. Mississippi Employment Security Commission and Mississippi College; Hinds Circuit Court 2nd District; LC Case #: 2003-21; Ruling Date: 02/06/2004; Ruling Judge: Bobby DeLaughter; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Circuit Court of Hinds County is Reinstated and Affirmed. Joe Broome taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Cynthia Nelson Lowrey v. Perrin H. Lowrey; Lamar Chancery Court; LC Case #: 2002-0254-GN-W; Ruling Date: 02/25/2004; Ruling Judge: Johnny Williams; Disposition: Petition for writ of certiorari filed by counsel for Perrin H. Lowery is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ. To Grant: Easley and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Justin Dale Hammons v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-03-555; Ruling Date: 03/05/2004; Ruling Judge: Robert Walker; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Milton Flora, Jr. a/k/a Milton Hayes v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-463; Ruling Date: 12/04/2003; Ruling Judge: W. Yerger; Majority Opinion: Cobb, P.J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J. and Carlson, J., Concur. Easley, J., Concurs in Result Only. Dickinson, J., Dissents with Separate Written Opinion Joined by Graves, J. Diaz and Randolph, JJ., not participating. Dissenting Opinion: Dickinson, J. Votes: Graves, J., Joins This Opinion.

Frances Mary (Robbins) Richardson, Individually and as Administratrix of the Estate of Michael Ray Robbins, II, Deceased v. Norfolk Southern Railway Company; Alcorn Circuit Court; LC Case #: 99-151(G)A; Ruling Date: 03/26/2004; Ruling Judge: Thomas Gardner, III; Disposition: Appellant's Motion to Call the Court's Attention to Altered Documents in the Record is denied. Diaz and Graves, JJ., not participating. Order entered.

Blossman Gas, Inc. v. Shelter Mutual General Insurance Company; Wayne Circuit Court; LC Case #: CV99-143-R; Ruling Date: 06/22/2004; Ruling Judge: Larry Roberts; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson and Dickinson, JJ., Concur. Cobb, P.J., Diaz, Graves and Randolph, JJ., not participating.

Tunica County, Mississippi, Town of Tunica, Mississippi and Tunica County Airport Commission v. James A. Pegram, James A. Pegram, Jr., Harriett E. Land, Kay Pegram Hill, Nancy Pegram Warren, Tom Earnheart and Ann Earnheart; Tunica Special Court of Eminent Domain; LC Case #: 00-0215; Ruling Date: 06/29/2004; Ruling Judge: Larry Lewis; Disposition: Joint Motion to Dismiss Appeal filed by counsel for the appellants and counsel for the appellees is granted. This appeal is hereby dismissed upon entry of this order, with each party to bear its own costs. Not Participating: Diaz, J. Randolph, J., for the Court. Order entered.