02/10/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2003-CA-02654-SCT

Hobbs Automotive, Inc., d/b/a Kim's Chrysler, Dodge, Jeep, Toyota v. Shelia S. Dorsey and James Dorsey; Jones Circuit Court 2nd District; LC Case #: 2002-156-CV5; Ruling Date: 12/02/2003; Ruling Judge: Billy Landrum; Majority Opinion: Randolph, J. Disposition: Vacated and Dismissed Without Prejudice. Appellant and appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Andrew Earl Creely, Sr. v. C. Delbert Hosemann, Jr.; Leflore Chancery Court; LC Case #: Go1-0194; Ruling Date: 09/09/2003; Ruling Judge: Jon Barnwell; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Gloria Poche Sealy, Douglas Paul Sealy, Rachel Sealy Kimble and Patrice Sealy Torres v. Michael Edward Goddard, III by his next friend Jeanie Danos and Jeanie Danos, Individually; Lamar Circuit Court; LC Case #: 2002-0097E; Ruling Date: 07/18/2003; Ruling Judge: Michael Eubanks; Majority Opinion: Carlson, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Kanynne Jamol Bush a/k/a Jamol Kanynne Bush v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-0000-671; Ruling Date: 10/18/2002; Ruling Judge: Kosta Vlahos; Majority Opinion: Waller, P.J. Disposition: Conviction of Capital Murder and Sentence of Life Imprisonment, Without Hope of Probation or Parole, in the Custody of the Mississippi Department of Corrections, Affirmed. Harrison County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 22 of the Mississippi Rules of Appellate Procedure and the Comments thereto are 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 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.

William Ray Hughes v. State of Mississippi; Tate Circuit Court; LC Case #: CR9668; Ruling Date: 11/20/1996; Ruling Judge: George Carlson, Jr.; Disposition: Motion for rehearing filed by petitioner is denied. Cobb, P.J., and Dickinson, J., would grant. Diaz, Carlson and Graves, JJ., not participating.

Willie Jerome Manning a/k/a "Fly" v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 13202; Ruling Date: 11/08/1994; Ruling Judge: Lee Howard; Disposition: Motion for rehearing filed by petitioner is denied. Diaz and Easley, JJ., not participating.

Shelia Dupree, Individually, and as Conservator of the Person and Estate of Annie Sanders v. Plantation Pointe, L.P. d/b/a The Windsor Place; Lauderdale Circuit Court; LC Case #: 01-CV-00007(R); Ruling Date: 02/12/2002; Ruling Judge: Larry Roberts; Disposition: Motion for rehearing filed by Shelia Dupree is denied. Graves, J., would grant. Diaz, J., not participating.

Milton Clayton v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 351-02; Ruling Date: 10/22/2002; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by Milton Clayton is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

William Scarbough a/k/a William Scarborough and Theresa Catchings Scarbough v. State of Mississippi; Copiah Circuit Court; LC Case #: 2002-0074CR-A; Ruling Date: 11/25/2002; Ruling Judge: Lamar Pickard; Disposition: Petition for writ of certiorari filed pro se by William Scarbough 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.

William B. Vinoski and Wife, Roberta N. Vinoski v. C.M. Plummer, Ronnie Plummer and C. M. Plummer, III; Harrison Chancery Court 1st District; LC Case #: 99-03150; Ruling Date: 09/17/2001; Ruling Judge: Thomas Teel; Disposition: Petition for writ of certiorari filed by counsel for William B. Vinoski and Roberta N. Vinoski is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves and Dickinson, JJ. To Grant: Cobb, P.J., and Randolph, J. Not Participating: Diaz, J. Order entered.

Nancy Powe, Individually and on Behalf of the Wrongful Death Beneficiaries of Cecil Powe, Deceased v. O.W. Byrd, M.D., and The Medical Group Clinic; Clarke Circuit Court; LC Case #: 2002-63(R); Ruling Date: 09/27/2002; Ruling Judge: Larry Roberts; Consolidated with 2002-CA-00834-SCT Nancy Powe, Individually and on Behalf of the Wrongful Death Beneficiaries of Cecil Powe, Deceased v. O.W. Byrd, M.D., and The Medical Group Clinic; Clarke Circuit Court; LC Case #: 2001-23R; Ruling Date: 04/01/2002; Ruling Judge: Larry Roberts; Disposition: Motion for rehearing filed by appellant is denied. Graves, J., would grant. Waller, P.J., and Diaz, J., not participating.

Willie Earl Clay a/k/a Willie E. Clay, Jr. v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 459-02; Ruling Date: 11/25/2002; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by counsel for Willie Earl Clay 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.

Cornelius Belmer and Cleon Graves v. State of Mississippi; Leake Circuit Court; LC Case #: 8474; Ruling Date: 05/20/2003; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed pro se by Cornelius Belmer is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Jerald Rankin v. Clements Cadillac, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-01-000280; Ruling Date: 02/26/2003; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Jerald Rankin is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.

In the Interest of L.D.M, A Minor; Warren Youth Court; LC Case #: 7074; Ruling Date: 10/16/2003; Ruling Judge: Patricia Beckett; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ., Concur. Randolph, J., Concurs in Result Only. Diaz, J., not participating.

Kevin Baggett, James Turnage and Reserve National Insurance Company, an Insurance Corporation v. Harvey Dervon Lee, Mary Carolyn Lee, and Ida Jane Blakeney; Jones Circuit Court 2nd District; LC Case #: 2002-99-CV12; Ruling Date: 11/30/2004; Ruling Judge: Billy Landrum; Disposition: Petition for Interlocutory Appeal and Stay of Trial Court Proceedings filed by the petitioners is granted in part and denied in part. This matter is remanded to the Jones County Circuit Court for further proceedings consistent with this order. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Randolph, J., for the Court. Order entered.

Kevin Baggett, James Turnage and Reserve National Insurance Company, an Insurance Corporation v. Harvey Dervon Lee, Mary Carolyn Lee, and Ida Jane Blakeney; Jones Circuit Court 2nd District; LC Case #: 2002-99-CV12; Ruling Date: 11/30/2004; Ruling Judge: Billy Landrum; Disposition: Petition for Interlocutory Appeal and Stay of Trial Court Proceedings filed by the petitioners is granted in part and denied in part. This matter is remanded to the Jones County Circuit Court for further proceedings consistent with this order. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Randolph, J., for the Court. Order entered.