02/06/2003 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99001-SCT

In Re: The Rules of Civil Procedure; Disposition: On the Court's own motion and at the request of Justice Easley, the order in this cause signed January 15, 2003 and filed January 16, 2003, is amended to reflect his vote as "not participating." Otherwise, the order remains unchanged. Rule 11 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. McRae, P.J., Dissents. Easley, J., Not Participating. Corrected Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion and at the request of Justice Easley, the order in this cause signed January 15, 2003, and filed January 16, 2003, is amended to reflect his vote as "not participating." Otherwise, the order remains unchanged. Petition to Amend Rule 46, Mississippi Rules of Appellate Procedure filed by The Mississippi Bar is granted to the extent set forth herein and Rule 46(b) of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" attached to the order. Rule 46(b) as amended shall be effective and controlling as to verified applications to appear pro hac vice filed in the courts and administrative agencies of Mississippi from and after March 1, 2003. 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. McRae, P.J., Dissents. Easley, J., Not Participating. Corrected Order entered.

Robert Whiddon and Susan Whiddon v. Jesse D. Smith and United Parcel Service, Inc.; Lamar Circuit Court; LC Case #: 98-0251; Ruling Date: 07/28/2000; Ruling Judge: Michael Eubanks; 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 Robert Whiddon and Susan Whiddon is extended until March 21, 2003. A final decision on whether to grant or deny the petition shall be entered on or before March 21, 2003. Order entered.

Marcus Davis v. State of Mississippi; Washington Circuit Court; LC Case #: 99-00691; Ruling Date: 10/02/2000; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by Marcus Davis is denied. To Deny: Pittman C.J., Smith, P.J., Waller, Cobb, Easley, Carlson and Graves, JJ. Not Participating: McRae, P.J., and Diaz, J. Order entered.

Oral Robinson v. State of Mississippi; Monroe Circuit Court; LC Case #: CV-99-232(G)M; Ruling Date: 08/16/2000; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by appellant is denied. McRae, P.J., not participating.

Wal-Mart Stores, Inc. v. Bernice Littleton; Washington Circuit Court; LC Case #: CI 96-0067; Ruling Date: 04/06/2000; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by Bernice Littleton was granted by order of this Court on October 24, 2002. This Court now finds that the petition was improvidently granted and should be dismissed. Petition for Writ of Certiorari filed by Bernice Littleton is hereby dismissed. To Dismiss: All Justices. Graves, J., for the Court. Order entered.

In The Matter of the Extension of the Boundaries of The City of Hattiesburg, Mississippi: Lamar County, Mississippi , Lamar County Mississippi Board of Supervisors, Dennis Pierce, Inc., Dennis Pierce, Individually, Oak Grove Concerned Citizens, Inc., Thomas Price, Melva Maples, Craig Flanagan, David Cox, Bill Hover and Joyce Hover v. City of Hattiesburg, Mississippi; Lamar Chancery Court; LC Case #: 99-0427-Th; Ruling Date: 03/22/2001; Ruling Judge: Thomas Teel; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, P.J., Waller, Diaz and Graves, JJ., Concur. Cobb, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. McRae, P.J., Concurs in Result Only With Separate Written Opinion. Pittman, C.J., not participating. Concur in result only Opinion: McRae, P.J.

Mississippi Transportation Commission v. Highland Development, LLC and Highland Development General Partnership; DeSoto Special Court of Eminent Domain; LC Case #: CO2000-0189; Ruling Date: 01/29/2001; Ruling Judge: Mills Barbee; Disposition: Motion for rehearing filed by appellant is denied. Pittman, C.J., Smith, P.J., Waller and Cobb, JJ., would grant. Carlson, J., not participating.

In Re: Kevin M. Chisolm; Hinds Circuit Court 1st District; LC Case #: 251-00-1051CIV; Ruling Date: 11/01/2000; Ruling Judge: W. Yerger; Majority Opinion: Smith, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion.

Jessie R. Edwards v. World Wide Personnel Services, Inc. and Broome Construction Co ; Forrest Circuit Court; LC Case #: CI99-0133; Ruling Date: 07/25/2001; Ruling Judge: Richard McKenzie; 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 Jessie Ralph Edwards is extended until March 28, 2003. A final decision on whether to grant or deny the petition shall be entered on or before March 28, 2003. Order entered.

O. C. Rush and Eloise Moffite v. Wallace Rentals, LLC; Lauderdale Chancery Court; LC Case #: 01-0056-S; Ruling Date: 12/18/2001; Ruling Judge: Sarah Springer; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, P.J., Waller, Cobb and Easley, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Pittman, C.J., Dissents With Separate Written Opinion Joined by McRae, P.J., and Diaz, J. Dissenting Opinion: Pittman, C.J. Votes: McRae, P.J., and Diaz, J., Join This Opinion.