01/27/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Easley, Chuck
X  2003-KA-02016-SCT

Donniver Terrell Johnson v. State of Mississippi; Leake Circuit Court; LC Case #: 03-CR-046-LE-C; Ruling Date: 09/05/2003; Ruling Judge: V. Cotten; Majority Opinion: Easley, J. Disposition: Conviction of Sale of More than one Ounce of Marijuana and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Leake County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Wyeth-Ayerst Laboratories, Robert F. Cooper, II, M.D., Jerry A. Fortenberry, M.D., Calvin T. Hull, M.D., Louisa Lawson, M.D., and Harold Wheeler, M.D. v. Doris Caldwell, Susan H. McCarty, Jim H. McCarty, Jr., Julia Campbell, Archie Campbell, Carolyn Winters, Bobby G. Winters, Macy Houston and John F. Houston, III; Jones Circuit Court 2nd District; LC Case #: 2002-113-cv3; Ruling Date: 05/06/2002; Ruling Judge: Stephen Simpson; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Randolph, J., Concurs in Part and in the Result Without Separate Written Opinion. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Angela Wanker v. State of Mississippi; Washington Circuit Court; LC Case #: 2001-589; Ruling Date: 02/14/2003; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Conviction of Felonious Child Abuse and Sentence of Twelve (12) Years, Eight (8) Years to Serve Followed by Four (4) Years Post Release Supervision, with conditions, in the Custody of the Mississippi Department of Corrections, Affirmed. Washington County taxed with costs of appeal. Washington County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Kevin Walters, Tiffany Walters and Brittany Miller, by and through her Duly Appointed Guardian, Tiffany Walters v. Federated Mutual Insurance Company; Monroe Circuit Court; LC Case #: CV-00-085-FM; Ruling Date: 10/07/2003; Ruling Judge: Sharion Aycock; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

In Re: The Rules of Civil Procedure; Disposition: On the Court's own motion, the Comment to Rule 14 of the Mississippi Rules of Civil Procedure is amended as set forth in Exhibit "A" attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Diaz and Graves, JJ., not participating. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 46(e) to the Mississippi Rules of Appellate Procedure as set forth in Exhibit "A" attached to the order is adopted. The Clerk of this Court shall spread this order upon the minutes of the Court and that a true certified copy be forwarded forthwith to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. Diaz and Graves, JJ., not participating. Order entered.

Crane Co. d/b/a Crane Defense Systems v. Lynda I. Kitzinger, Individually, and as Mother and Next Friend of Robert Jayce Kitzinger, and as Executrix of the Estate of Robert L. Kitzinger, Jr., Deceased; Jackson Circuit Court; LC Case #: 99-0166(3); Ruling Date: 02/21/2001; Ruling Judge: Dale Harkey; Disposition: Motion for Leave to File Response in Official Capacity filed by Jackson County Circuit Court Judge Dale Harkey is granted. Judge Harkey's response to the petition for writ of prohibition is accepted as filed. Petition for Writ of Prohibition filed by counsel for appellant is denied. Diaz, Graves and Randolph, JJ., not participating. Order entered.

Deborah Gayle Thornton West v. Charles Timothy West; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 07/08/2002; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Appellant's Motion for Correction of a Clerical Error is granted. Opinion corrected at pages 1, 2, 3, 6, 9 and 12. Diaz, Graves and Randolph, JJ., not participating. Order entered.

Edwin Welsh v. William M. Mounger, II, E. B. Martin, Jr., MSM, Inc. and Mercury Wireless Management, Inc.; Hinds Chancery Court 1st District; LC Case #: G2000-1611 O/3; Ruling Date: 06/27/2002; Ruling Judge: Denise Owens; Disposition: On the Court's own motion, all privileges of James R. Hubbard to appear pro hac vice in this and other cases in the State of Mississippi are revoked, and he shall not be admitted pro hac vice in the courts or administrative agencies of this state for one year following the issuance of this order. Waller, P.J., Diaz, Graves and Randolph, JJ., not participating. Order Sanctioning James R. Hubbard entered.

George C. Stodghill v. State of Mississippi; Amite Circuit Court; LC Case #: 01-KR-042-J; Ruling Date: 06/03/2002; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Waller, P.J. Disposition: The Judgment of the Court of Appeals is Reversed. Conviction of Driving Under the Influence, First Offense, Affirmed. George C. Stodghill taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Alfa Insurance Corporation v. Kenneth Wayne Ryals, Administrator on Behalf of the Wrongful Death Beneficiaries of Kenneth Ryals, Deceased, and Kenneth Wayne Ryals, Administrator on Behalf of the Wrongful Death Beneficiaries of Georgia Ryals, Deceased; Forrest Circuit Court; LC Case #: CI99-0136; Ruling Date: 08/13/2002; Ruling Judge: Robert Goza, Jr.; Disposition: Petition for writ of certiorari filed by counsel for ALFA Insurance Corporation is granted. To Grant: Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ. To Deny: Easley, J. Not Participating: Smith, C.J., Diaz and Randolph, JJ. Order entered.

Mississippi Employment Security Commission v. Alberta Parker; Pearl River Circuit Court; LC Case #: 2002-0336; Ruling Date: 12/06/2002; Ruling Judge: R. Prichard, III; Majority Opinion: Dickinson, J. Disposition: Reversed and Rendered. Alberta Parker taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P. JJ., Easley, Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Eartha Jamison v. Dr. James Kilgore d/b/a Foot Clinic of Columbus; Lowndes Circuit Court; LC Case #: 1999-0057-CV1; Ruling Date: 02/26/2003; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Dickinson, J. Disposition: Affirmed. Eartha Jamison taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Randolph, J., Concur. Graves, J., Concurs in Result Only. Diaz, Easley and Carlson, JJ., 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: Petition for writ of certiorari filed by Eroll Mann is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ. Not Participating: Diaz, Graves and Dickinson, JJ. Order entered.

Harold Green, et al., and City of Richland, Mississippi v. Cleary Water, Sewer & Fire District; Rankin Chancery Court; LC Case #: 52041; Ruling Date: 04/17/2003; Ruling Judge: Jason Floyd, Jr.; Disposition: Petition for certiorari of appellant, City of Richland, Mississippi, is granted. Petition for writ of certiorari filed by Harold Green, et al., is granted. To Grant: Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Deny: Easley, J. Not Participating: Smith, C.J., and Diaz, J. Order entered.

Lamarcus Antwon Hall v. State of Mississippi; Hinds Circuit Court 2nd District; LC Case #: V4891; Ruling Date: 05/01/2003; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by Lamarcus Antwon Hall 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.

Marshall Durbin Food Corporation, Marshall Durbin Farms, Inc., Lady Forest Farms, Inc. and Forest Packing Company v. Central Industries, Inc.; Scott Circuit Court; LC Case #: 2003-CV-293-SC-G; Ruling Date: 08/27/2004; Ruling Judge: V. Cotten; Disposition: Petition for Interlocutory Appeal by Permission filed by Marshall Durbin Food Corporation, et al., is granted. The order transferring this matter from circuit court to chancery court is reversed. This matter is remanded to the Circuit Court of Scott County, Mississippi, for further proceedings. All costs of this appeal are assessed to the respondent. Diaz, J., not participating. Smith, C.J., for the Court. Order entered.

University of Mississippi Medical Center v. Angela Easterling; Hinds Circuit Court 1st District; LC Case #: 251-02-001251-CIV; Ruling Date: 11/10/2004; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Interlocutory Appeal filed by counsel for the University of Mississippi Medical Center is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. The trial court proceedings are hereby stayed pending resolution of this appeal. To Grant: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ. To Deny: Waller, P.J., Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.