02/08/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
  2005-CA-01594-SCT

Scott Pringle, as Next Friend and Legal Guardian of S.W. Pringle, a Minor v. James J. Kramer, M.D., Kramhearst Behavioral Institute, LLC and Brentwood Behavioral Healthcare, LLC; Madison Circuit Court; LC Case #: CI2004-0288; Ruling Date: 08/03/2005; Ruling Judge: Samac Richardson; Majority Opinion: Randolph, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz and Graves, JJ., not participating.

Michael Joseph Kramm v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2003-0448; Ruling Date: 02/12/2004; Ruling Judge: Kosta Vlahos; Majority Opinion: Easley, J. Disposition: Count I: Conviction of Felony Driving under the Influence and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Felony Driving under the Influence and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, Reversed and Vacated. Count III: Conviction of Leaving the Scene of an Accident and Sentence of Five (5) Years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count III shall run consecutively with the sentence in Count I for a total of Twenty-Five (25) years. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only.

James M. Biglane and Nancy K. Biglane v. Under the Hill Corporation; Adams Chancery Court; LC Case #: 2003-704; Ruling Date: 06/22/2005; Ruling Judge: George Ward; Majority Opinion: Diaz, J. Disposition: On Direct Appeal: Reversed and Rendered. On Cross-Appeal: Affirmed. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Graves, JJ., Concur. Dickinson, J., Concurs in Result Only. Randolph, J., not participating.

Sidney Nelson a/k/a Solo v. State of Mississippi; Adams Circuit Court; LC Case #: 11,190-J; Ruling Date: 04/10/1998; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for Writ of Certiorari in the Supreme Court of the State of Mississippi filed pro se by Sidney Nelson is dismissed. M.R.A.P. 17(b). Second Motion for Enlargement of Time in which to file Writ of Certiorari filed by pro se by Sidney Nelson is denied. Order entered.

Sidney Nelson a/k/a Solo v. State of Mississippi; Adams Circuit Court; LC Case #: 11,190-J; Ruling Date: 04/10/1998; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for Writ of Certiorari in the Supreme Court of the State of Mississippi filed pro se by Sidney Nelson is dismissed. M.R.A.P. 17(b). Second Motion for Enlargement of Time in which to file Writ of Certiorari filed by pro se by Sidney Nelson is denied. Order entered.

McBride Consulting Service, LLC, Stuart McBride and Cindy K. McBride v. Waste Management of Mississippi, Inc. and Waste Management, Inc.; Hinds Circuit Court 2nd District; LC Case #: 02-32; Ruling Date: 12/02/2003; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Writ of Certiorari filed by counsel for McBride Consulting Services, LLC, et al., is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Grant: Diaz, Easley and Randolph, JJ. Not Participating: Graves, J. Order entered.

Jan Michael Brawner, Jr. v. State of Mississippi; Tate Circuit Court; LC Case #: CR2001-47-B-T; Ruling Date: 04/12/2002; Ruling Judge: Andrew Baker; Disposition: Motion for rehearing filed by petitioner is denied. Diaz and Graves, JJ., would grant.

Thomas Lee Parker and Rubye C. Parker v. Horace Mann Life Insurance Company and Leo Hawkins, Jr.; Sharkey Circuit Court; LC Case #: 03-083; Ruling Date: 10/19/2004; Ruling Judge: Frank Vollor; Disposition: Petition for Writ of Certiorari filed by counsel for Thomas Lee Parker and Rubye C. Parker is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ. To Grant: Diaz, Graves and Dickinson, JJ. Order entered.

W. Mark Meeks, M. D. v. Sheila Fox Miller, Peggy Fox Watz and Gary Merkell Fox, Next Friends and Sole Beneficiaries of the Intestate Estate of Merkell M. Fox; Hinds Circuit Court 1st District; LC Case #: 251-95-178-CIV; Ruling Date: 12/22/2004; Ruling Judge: Winston Kidd; Disposition: Petition of Appellees for Writ of Certiorari filed by counsel for Sheila Fox Miller, Peggy Fox Watz and Gary Merkell Fox is granted. To Grant: Waller and Cobb, P.JJ., Diaz, Carlson, Graves and Randolph, JJ. To Deny: Smith, C.J., and Easley, J. Not Participating: Dickinson, J. Order entered.

John Griffin Bowie v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: A2401-2003-520; Ruling Date: 05/13/2005; Ruling Judge: Stephen Simpson; Disposition: Petition for Writ of Certiorari filed pro se by John Griffin Bowie is denied. To Deny: All Justices. Order entered.

National Heritage Realty, Inc., Mariner Health Care, Inc. f/k/a Mariner Post-Acute Network, Inc., Grancare, Inc., Evergreen Healthcare, Inc., George D. Morgan, J. D. Lee, Angela M. Whittington and Chuck (Charles) Sinclair v. Estate of Eva Boles, Deceased, Eliza Price, Administratrix; Tallahatchie Chancery Court 2nd District; LC Case #: 2001-39-2; Ruling Date: 03/14/2005; Ruling Judge: Jon Barnwell; Consolidated with 2005-IA-00750-SCT National Heritage Realty, Inc., Mariner Health Care, Inc. f/k/a Mariner Post-Acute Network, Inc., Grancare, Inc., Evergreen Healthcare, Inc., George D. Morgan, J. D. Lee, Angela M. Whittington and Chuck (Charles) Sinclair v. Estate of Eva Boles, Deceased, Eliza Price, Administratrix; Tallahatchie Chancery Court 2nd District; LC Case #: 2001-39-2; Ruling Date: 02/03/2005; Ruling Judge: Jon Barnwell; Consolidated with 2005-IA-00909-SCT National Heritage Realty, Inc., Mariner Health Care, Inc. f/k/a Mariner Post-Acute Network, Inc., Grancare, Inc., Evergreen Healthcare, Inc., George D. Morgan, J. D. Lee, Angela M. Whittington and Chuck (Charles) Sinclair v. The Estate of Eva Boles by and through Eliza Price, Administratrix of the Estate of Eva Boles, for the use and Benefit of the Estate of Eva Boles, and for the use and Benefit of the Wrongful Death Beneficiaries of Eva Boles; Leflore Circuit Court; LC Case #: 2002-0017CI; Ruling Date: 04/01/2005; Ruling Judge: Margaret Carey-McCray; Disposition: Motion for rehearing filed by appellee is denied. Cobb, P.J., Diaz, Graves and Dickinson, JJ., would grant.

Gilbert Dale Peckinpaugh v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2005-0092E-PC; Ruling Date: 03/21/2005; Ruling Judge: Michael Eubanks; Disposition: Petition for Writ of Certiorari filed pro so by Gilbert Dale Peckinpaugh is denied. To Deny: All Justices. Order entered.

Linda McCoy, Individually and on behalf of the Wrongful Death Beneficiaries of Robin McCoy, Deceased and Daniel and Jeweline Lee, Individually and on behalf of the Wrongful Death Beneficiaries of Dana Lee, Deceased v. City of Florence, City of Richland and Rankin County Sheriff's Department; Rankin Circuit Court; LC Case #: 2002-149; Ruling Date: 03/21/2005; Ruling Judge: William Chapman, III; Disposition: Petition for Writ of Certiorari filed by counsel for Linda McCoy, Individually and on Behalf of the Wrongful Death Beneficiaries of Robin McCoy, Deceased and Daniel and Jeweline Lee, Individually and on Behalf of the Wrongful Death Beneficiaries of Dana Lee, Deceased, is denied. To Deny: All Justices. Order entered.

Orlando Jenkins v. State of Mississippi; Attala Circuit Court; LC Case #: 04-0031(A)-CR; Ruling Date: 03/31/2005; Ruling Judge: Joseph Loper, Jr.; Disposition: Motion for rehearing filed pro se by appellant is denied.

National Heritage Realty, Inc., Mariner Health Care, Inc. f/k/a Mariner Post-Acute Network, Inc., Grancare, Inc., Evergreen Healthcare, Inc., George D. Morgan, J. D. Lee, Angela M. Whittington and Chuck (Charles) Sinclair v. The Estate of Eva Boles by and through Eliza Price, Administratrix of the Estate of Eva Boles, for the use and Benefit of the Estate of Eva Boles, and for the use and Benefit of the Wrongful Death Beneficiaries of Eva Boles; Leflore Circuit Court; LC Case #: 2002-0017CI; Ruling Date: 04/01/2005; Ruling Judge: Margaret Carey-McCray; Consolidated with 2005-IA-00750-SCT National Heritage Realty, Inc., Mariner Health Care, Inc. f/k/a Mariner Post-Acute Network, Inc., Grancare, Inc., Evergreen Healthcare, Inc., George D. Morgan, J. D. Lee, Angela M. Whittington and Chuck (Charles) Sinclair v. Estate of Eva Boles, Deceased, Eliza Price, Administratrix; Tallahatchie Chancery Court 2nd District; LC Case #: 2001-39-2; Ruling Date: 02/03/2005; Ruling Judge: Jon Barnwell; Consolidated with 2005-IA-00699-SCT National Heritage Realty, Inc., Mariner Health Care, Inc. f/k/a Mariner Post-Acute Network, Inc., Grancare, Inc., Evergreen Healthcare, Inc., George D. Morgan, J. D. Lee, Angela M. Whittington and Chuck (Charles) Sinclair v. Estate of Eva Boles, Deceased, Eliza Price, Administratrix; Tallahatchie Chancery Court 2nd District; LC Case #: 2001-39-2; Ruling Date: 03/14/2005; Ruling Judge: Jon Barnwell; Disposition: Motion for rehearing filed by appellee is denied. Cobb, P.J., Diaz, Graves and Dickinson, JJ., would grant.

Roy R. Gatlin and Nelda T. Gatlin v. Sanderson Farms, Inc.; Jones Circuit Court 2nd District; LC Case #: 99-150-CV9; Ruling Date: 11/23/2004; Ruling Judge: Billy Landrum; Disposition: Motion to Take Judicial Notice filed by the appellants is denied. Order entered.

Roy R. Gatlin and Nelda T. Gatlin v. Sanderson Farms, Inc.; Jones Circuit Court 2nd District; LC Case #: 99-150-CV9; Ruling Date: 11/23/2004; Ruling Judge: Billy Landrum; Majority Opinion: Graves, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Easley, JJ., Dissent Without Separate Written Opinion.

Daniel Outerbridge a/k/a Daniel Nian Outerbridge v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-653BBD; Ruling Date: 06/20/2005; Ruling Judge: Bobby DeLaughter; Disposition: Motion for rehearing filed by counsel for appellant is denied. Waller, P.J., would grant.

City of Jackson, Mississippi, A Self Insured, Frank E. Melton, Leslie McLemore, Charles Tillman, Frank Bluntson, Marshand Crisler, Kenneth Stokes, Ben Allen, Margaret Barrette-Simone and Shirlene Anderson v. Jennifer Sutton; Hinds Circuit Court 1st District; LC Case #: 251-06-948; Ruling Judge: Tomie Green; Disposition: Motion for Reconsideration filed by Petitioners is granted. The Preliminary Injunction entered by the Hinds County Circuit Court, First Judicial District, in Cause No. 251-06-948 CIV dated October 16, 2006 is dissolved upon entry of this order. Order entered.