02/12/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2002-KA-01692-SCT

Marcus Ricardo Bennett v. State of Mississippi; Newton Circuit Court; LC Case #: 02-CR-036-NW-G; Ruling Date: 08/06/2002; Ruling Judge: Marcus Gordon; Majority Opinion: Waller, P.J. Disposition: Appeal Dismissed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

Union National Life Insurance Company; United Insurance Company of America; Union National Fire Insurance Company; Roland Stewart; Eugene Thomas ("Pete") Furline; and Charles Stewart v. Jacqueline Crosby; Pearlie Hendricks; David Hendricks, Jr.; Calvin Lawrence; Johnnie M. Owens; Kandice Owens; Minnie Owens; Mary Turner; and Shannon S. Wallace; Covington Chancery Court; LC Case #: 01-363; Ruling Date: 10/07/2002; Ruling Judge: J. Buffington; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Carlson, Graves and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

In the Matter of the Conservatorship of Buffy Brantley: Billy Butler, Individually and as Next Friend of Yzette Bridget Butler, Justin Price Butler, Roshanda Tatyona Nesha Butler and Antrisa Fontae' Butler, Minors v. Lee Girtha Brantley, Individually, and as Guardian of Bridgette Nicks, Yasmine Nicks, and James Nicks, Jr., and Isaac Byrd d/b/a Isaac Byrd & Associates; Scott Chancery Court; LC Case #: 97-045; Ruling Date: 08/27/2001; Ruling Judge: H. Clark, II; Majority Opinion: Carlson, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellees taxed with costs of appeal. Votes: Pittman, C.J., Smith and Waller, P.JJ., Graves and Dickinson, JJ., Concur. Cobb and Easley, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Union Planters National Bank, N.A., Oxford Square Office v. Arline K. Jetton; Lafayette Chancery Court; LC Case #: 99-464; Ruling Date: 02/19/2002; Ruling Judge: Glenn Alderson; Disposition: Petition for writ of certiorari filed by Arline K. Jetton is denied. To Deny: Pittman, C.J., Smith and Waller, P.JJ., Easley, Carlson and Graves, JJ. To Grant: Dickinson, J. Not Participating: Cobb and Diaz, JJ. Order entered.

Dexter Moore v. K&J Enterprises d/b/a The Library Bar & Grill; Lafayette Circuit Court; LC Case #: L00-345; Ruling Date: 10/25/2001; Ruling Judge: R. Coleman; Disposition: Following remand of the parties' joint motion to dismiss, the Court of Appeals withdrew its prior opinion and dismissed the appeal in this case. On the Court's own motion and pursuant to M.R.A.P. 17(k), the petition for writ of certiorari filed by K & J Enterprises is dismissed as moot. Not Participating: Diaz, J. Carlson, J., for the Court. Order entered.

F. Joseph "Jerry" Rein, Sr. and F. Joseph "Joey" Rein, Jr., Individually and on behalf of all Wrongful Death Beneficiaries of Gatha Nell Rein, Deceased v. Benchmark Construction Company, Growin Green Landscape, Inc. and William Schilling, Individually and d/b/a Natural Accents Nursery and Landscapers; Hinds Circuit Court 1st District; LC Case #: 251-98-001134; Ruling Date: 08/03/2001; Ruling Judge: W. Yerger; Disposition: Motion for Rehearing filed by appellee, William Schilling, Individually and d/b/a Natural Accents Nursery and Landscapers is denied. Easley and Graves, JJ, would grant. Waller, P.J., and Diaz, J., not participating.

F. Joseph "Jerry" Rein, Sr. and F. Joseph "Joey" Rein, Jr., Individually and on behalf of all Wrongful Death Beneficiaries of Gatha Nell Rein, Deceased v. Benchmark Construction Company, Growin Green Landscape, Inc. and William Schilling, Individually and d/b/a Natural Accents Nursery and Landscapers; Hinds Circuit Court 1st District; LC Case #: 251-98-001134; Ruling Date: 08/03/2001; Ruling Judge: W. Yerger; Majority Opinion: Smith, P.J. Disposition: The motion for rehearing is denied. The previous opinion of this Court is withdrawn and this opinion is substituted therefor. Affirmed in Part; Reversed and Remanded in Part. Appellants and appellees taxed with costs of appeal. Votes: Pittman, C.J., Cobb, Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Waller, P.J., and Diaz, J., not participating.

Trustmark National Bank v. Mona B. Johnson and Deborah Biedenharn, as Individual Beneficiaries and in Their Capacity as the Guardians and Conservators of Their Brother Michael Shaw Biedenharn; Hinds Circuit Court 1st District; LC Case #: 251-00-775CIV; Ruling Date: 11/26/2001; Ruling Judge: Tomie Green; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Waller, P.J., Diaz and Graves, JJ., not participating.

Clinton Grice Rotenberry, Jr. v. Scottye R. Hooker; Hinds Chancery Court 1st District; LC Case #: G 99-182 (0-3); Ruling Date: 12/20/2001; Ruling Judge: Denise Owens; Disposition: Appellee's Motion for Judgment against the Appellant for Damages is denied. Cobb and Diaz, JJ., not participating. Order entered.

Steve Jasper v. State of Mississippi; Wayne Circuit Court; LC Case #: 01-132-K; Ruling Date: 01/18/2002; Ruling Judge: Robert Bailey; 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 counsel for Steve Jasper is extended until March 26, 2004. A final decision on whether to grant or deny the petition shall be entered on or before March 26, 2004. Order entered.

Joseph Griffith v. Sue Ann Pell, Next Friend and Parent of Stephanie Ann Pell, Minor; Warren Chancery Court; LC Case #: 00-072GN; Ruling Date: 02/12/2002; Ruling Judge: Jane Weathersby; 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 Joseph Griffith is extended until March 12, 2004. A final decision on whether to grant or deny the petition shall be entered on or before March 12, 2004. Order entered.

In the Matter of the Enlargement and Extension of The Municipal Boundaries of the City of Southaven, Mississippi: City of Horn Lake v. City of Southaven, Mississippi; DeSoto Chancery Court; LC Case #: 01-7-1056 L; Ruling Date: 03/27/2002; Ruling Judge: Percy Lynchard, Jr.; Disposition: Motion for Rehearing filed by appellant is denied. Cobb and Dickinson, JJ., would grant. Pittman, C.J., and Diaz, J., not participating.

Pearlie Thomas v. State Farm Fire and Casualty Company a/k/a State Farm General Insurance Company; Sunflower Circuit Court; LC Case #: 96-0307; Ruling Date: 03/25/2002; Ruling Judge: Margaret Carey-McCray; Disposition: Petition for writ of certiorari filed by counsel for Pearlie Thomas is denied. To Deny: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Mississippi Employment Security Commission v. Marion County Sheriff's Department and Sheriff Richard "Rip" Stringer; Marion Circuit Court; LC Case #: 2002-0026; Ruling Date: 06/25/2002; Ruling Judge: R. Prichard, III; Majority Opinion: Graves, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Easley, Carlson and Dickinson, JJ., Concur. Diaz, J., not participating.

Bristol-Myers Squibb Company, Cephalon, Inc. and Apothecon, Inc. v. Steven Laskin, et al.; Hinds Circuit Court 1st District; LC Case #: 251-00-1064-CIV; Ruling Date: 09/25/2003; Ruling Judge: Tomie Green; Disposition: Petition for Interlocutory Appeal and Stay filed by counsel for Bristol-Myers Squibb Company, Cephalon, Inc., and Apothecon, Inc., is granted. The trial court proceedings are hereby stayed pending resolution of this matter. To Grant: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Carlson, Graves and Dickinson, JJ. To Deny: Easley, J. Not Participating: Diaz, J. Order entered.

Bristol-Myers Squibb Company, Cephalon, Inc. and Apothecon, Inc. v. Steven Laskin, et al.; Hinds Circuit Court 1st District; LC Case #: 251-00-1064-CIV; Ruling Date: 09/25/2003; Ruling Judge: Tomie Green; Disposition: Petition for Interlocutory Appeal and Stay filed by counsel for Bristol-Myers Squibb Company, Cephalon, Inc., and Apothecon, Inc., is granted. The trial court proceedings are hereby stayed pending resolution of this matter. To Grant: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Carlson, Graves and Dickinson, JJ. To Deny: Easley, J. Not Participating: Diaz, J. Order entered.

Ameristar Casino Vicksburg, Inc. v. Katherine L. Buchanan; Warren Circuit Court; LC Case #: 99-0169CI; Ruling Date: 10/16/2003; Ruling Judge: Isadore Patrick, Jr.; Disposition: Motion for Rehearing filed by Ameristar Casino Vicksburg, Inc., is denied. Cobb, J., would grant. Diaz, J., not participating.

Ameristar Casino Vicksburg, Inc. v. Katherine L. Buchanan; Warren Circuit Court; LC Case #: 99-0169CI; Ruling Date: 10/16/2003; Ruling Judge: Isadore Patrick, Jr.; Disposition: Cross-Motion for Rehearing filed by Katherine L. Buchanan is denied. Cobb, J., would grant. Diaz, J., not participating.