02/13/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Easley, Chuck
X  2001-CA-00381-SCT

Julia Gates Hines Mabus v. Raymond Edwin Mabus, Jr.; Hinds Chancery Court 1st District; LC Case #: G-98-28 R/1; Ruling Date: 08/08/2000; Ruling Judge: Stuart Robinson; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Diaz, Carlson and Graves, JJ., Concur. Cobb, J., Concurs in Result Only. Waller, J., Dissents Without Separate Written Opinion.

Heather Nicole Franklin, Fred M. Harrell, Jr. and Paul Snow v. Jonathan Paul Franklin, a Minor, By and Through His Natural Mother, Cathy Phillips, and Bill Waller, Sr.; Rankin Circuit Court; LC Case #: 99-122 & 99-127; Ruling Date: 06/05/2001; Ruling Judge: Joe Pigott; Majority Opinion: Diaz, J. Disposition: On the Court's own motion, the original opinion is withdrawn, and this opinion is substituted therefor. Reversed and Rendered. Appellee, Bill Waller, Sr., shall deposit the sum of $430,000.00 into the registry of the Circuit Court of Rankin County, Mississippi, within ten (10) days of the date of this mandate, and upon receipt of those funds, the Circuit Clerk of Rankin County shall promptly disburse those funds to appellants Fred Harrell, Jr. and Paul Snow. Appellees taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Easley, Carlson and Graves, JJ., Concur. Waller, J., not participating.

Robert Neider and Stan Bush v. Tom Franklin d/b/a Pure Gold; Harrison Circuit Court 2nd District; LC Case #: A2402 99-00221; Ruling Date: 10/03/2001; Ruling Judge: Robert Walker; Majority Opinion: Waller, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellants and appellee taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Easley and Carlson, JJ., Concur. Diaz, J., Dissents WIthout Separate Written Opinion. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

D. J. Koenig & Associates, Inc. v. Mississippi State Tax Commission; Madison Chancery Court; LC Case #: 2000-908; Ruling Date: 05/24/2001; Ruling Judge: William Lutz; Majority Opinion: McRae, P.J. Disposition: Affirmed on Direct and Cross-Appeal. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Easley and Carlson, JJ., Concur. Smith, P.J., and Graves, J., Concur in Result Only. Diaz, J., not participating.

Ronald Chris Foster a/k/a Ron Chris Foster v. State of Mississippi; Lowndes Circuit Court; LC Case #: 11229; Ruling Date: 01/18/1991; Ruling Judge: Lee Howard Disposition: Successive Application for Leave to File Motion to Vacate Death Sentence and Motion for Stay of Execution filed by Ronald Chris Foster is dismissed. Pittman, C.J., Smith, P.J., Waller and Carlson, JJ., agree to dismiss Successive Application for Leave to File Motion to Vacate Death Sentence and Motion for Stay of Execution. Cobb, J., Dissents with Separate Written Statement joined by McRae, P.J., Diaz and Graves, JJ. Diaz, J., Dissents with Separate Written Statement joined by McRae, P.J., Cobb and Graves, JJ. Easley, J., not participating. Order entered.

Falco Lime, Inc., L & L Aviation, Inc., Larry L. Lambiotte, J. Fred Farrell, Letourneau, Inc., Lawson's Aviation Service, Inc., John G. Peterson d/b/a Vicksburg Engineering & Manufacturing, Nassour Aviation, Inc., J. Michael Nassour, Richard Tucker d/b/a Avcon, Benny May d/b/a Pilot Services Co., Charles Wayne Brown d/b/a South Delta Aviation, Frank A. May, General Aviation Services of Mississippi, Inc., Cappaert Enterprises, A Limited Partnership, Cappaert Manufactured Housing, Inc., Michael L. Cappaert and Ernest G. Thomas v. The Mayor and Aldermen of the City of Vicksburg; Warren Circuit Court; LC Case #: 990102; Ruling Date: 06/30/1999; Ruling Judge: Isadore Patrick, Jr.; Consolidated with 1999-CA-01277-SCT The Mayor and Aldermen of The City of Vicksburg, Robert M. Walker, Individually, Samuel D. Habeeb, Individually and Gertrude A. Young, Individually v. Falco Lime, Inc., L & L Aviation, Inc., Larry L. Lambiotte, J. Fred Farrell, Letourneau, Inc., Lawson's Aviation Service, Inc., John G. Peterson d/b/a Vicksburg Engineering & Manufacturing, Nassour Aviation, Inc., J. Michael Nassour, Richard Tucker d/b/a Avcon, Benny May d/b/a Pilot Services Co., Charles Wayne Brown d/b/a South Delta Aviation, Frank A. May, General Aviation Services of Mississippi, Inc., Cappaert Enterprises, A Limited Partnership, Cappaert Manufactured Housing, Inc., Michael L. Cappaert and Ernest G. Thomas; Warren Circuit Court; LC Case #: 980059; Ruling Date: 07/07/1999; Ruling Judge: Frank Vollor Disposition: Motion for rehearing and reconsideration filed by Falco Lime, Inc., is denied. McRae, P.J., and Easley, J., would grant. Diaz and Graves, JJ., not participating.

David Moody a/k/a William David Moody v. State of Mississippi; Perry Circuit Court; LC Case #: 4,369; Ruling Date: 03/02/2000; Ruling Judge: Richard McKenzie Disposition: Petition for writ of certiorari filed by counsel for David Moody 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.

Eddie Bryant a/k/a E-Dog v. State of Mississippi; Washington Circuit Court; LC Case #: 99-00495; Ruling Date: 06/16/2000; Ruling Judge: W. Hines Disposition: Petition for writ of certiorari filed by Eddie Bryant is granted. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Carlson and Graves, JJ. To Deny: McRae, P.J., and Easley, J. Order entered.

The City of Ridgeland, Mississippi, City of Ridgeland Police Department, Police Chief Charles Newell and Donald Martin v. Donald Fowler, Glenda Fowler, Individually and as Mother and Next Friend of Karen Ross Fowler; Madison Chancery Court; LC Case #: 2000-206; Ruling Date: 08/11/2000; Ruling Judge: Gail Shaw-Pierson; Majority Opinion: Smith, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb and Carlson, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. McRae, P.J., Dissents with Separate Written Opinion Joined By Diaz, J. Easley, J., Joins in Part.; Dissenting Opinion: McRae, P.J. Votes: Diaz, J., Joins This Opinion. Easley, J., Joins This Opinion in Part.

W. O. "Chet" Dillard and Others in Like or Similar Circumstances v. Governor Ronnie Musgrove, Lieutenant Governor Amy Tuck, House Speaker Tim Ford, and The Public Employees Retirement System of the State of Mississippi in Their Official Capacity and Not Individually; Hinds Chancery Court 1st District; LC Case #: G2000-1167; Ruling Date: 01/18/2001; Ruling Judge: Lawrence Franck; Majority Opinion: Smith, P.J. Disposition: AFFIRMED. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Waller, Carlson and Graves, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Pittman, C.J., Concurs With Separate Written Opinion Joined By Smith, P.J., Waller and Carlson, JJ. Waller, J., Concurs With Separate Written Opinion Joined By Pittman, C.J., Smith, P.J., and Carlson, J. McRae, P.J., Dissents With Separate Written Opinion. Cobb and Diaz, JJ., Not Participating.

Rheuvonia Buck v. State of Mississippi; Warren Circuit Court; LC Case #: 000011-CR-V; Ruling Date: 01/29/2001; Ruling Judge: Frank Vollor; Majority Opinion: Waller, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Warren County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Diaz, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion.

Howard Mooneyham v. State of Mississippi; Rankin Circuit Court; LC Case #: 12,190; Ruling Date: 02/09/2001; Ruling Judge: John Kitchens 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 Howard Mooneyham is extended until March 20, 2003. A final decision on whether to grant or deny the petition shall be entered on or before March 20, 2003. Order entered.

American National Fire Insurance Company v. Premium Tank Lines, Inc. and Bruce Jordan; Harrison Circuit Court 1st District; LC Case #: A-2401-98-00437; Ruling Date: 04/04/2001; Ruling Judge: Jerry Terry, Sr. Disposition: Appellant's Motion to Dismiss the Appeal is granted. The appeal of this matter shall be dismissed upon entry of this order and all costs of appeal, if any, are assessed against the appellant. Diaz, J., for the Court. Order entered.

Morine W. Miller v. J. T. Miller; Itawamba Chancery Court; LC Case #: 2000-0307; Ruling Date: 05/16/2001; Ruling Judge: John Ross, Jr. Disposition: Motion for writ of certiorari filed by J. T. Miller is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Carlson and Graves, JJ. To Grant: Easley, J. Order entered.

Anthony Roberson v. State of Mississippi; Quitman Circuit Court; LC Case #: 2001-009; Ruling Date: 05/31/2001; Ruling Judge: Albert Smith, III Disposition: Petition for writ of certiorari filed by Anthony Roberson is denied. To Deny: All Justices. Order entered.

D. J. Koenig & Associates, Inc. v. Mississippi State Tax Commission; Madison Chancery Court; LC Case #: 2000-908; Ruling Date: 05/24/2001; Ruling Judge: William Lutz Disposition: Motion to Strike New Arguments and New Authority filed by the Mississippi State Tax Commission is denied. Order entered.

Heather Nicole Franklin, Fred M. Harrell, Jr. and Paul Snow v. Jonathan Paul Franklin, a Minor, By and Through His Natural Mother, Cathy Phillips, and Bill Waller, Sr.; Rankin Circuit Court; LC Case #: 99-122 & 99-127; Ruling Date: 06/05/2001; Ruling Judge: Joe Pigott Disposition: Motion for rehearing filed by appellees is denied. Waller, J., not participating.

Heather Nicole Franklin, Fred M. Harrell, Jr. and Paul Snow v. Jonathan Paul Franklin, a Minor, By and Through His Natural Mother, Cathy Phillips, and Bill Waller, Sr.; Rankin Circuit Court; LC Case #: 99-122 & 99-127; Ruling Date: 06/05/2001; Ruling Judge: Joe Pigott Disposition: Appellees' Motion to Expand Page Limit so as to allow the filing of a motion for rehearing which is 31 pages in length is granted. Waller, J., not participating. Order entered.

University Nursing Associates, PLLC and The University of Mississippi Medical Center v. Billie Phillips; Hinds Chancery Court 1st District; LC Case #: G2000-1723 W/4; Ruling Date: 07/02/2001; Ruling Judge: Pat Wise; Majority Opinion: Waller, J. Disposition: Affirmed in Part; Reversed and Rendered in Part; and Remanded. Appellants and appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ., Concur. McRae, P.J., and Diaz, J., Dissent Without Separate Written Opinion. Easley and Graves, JJ., Concur in Part and Dissent in Part Without Separate Written Opinion.

Coleman Powermate, Inc., Briggs & Stratton Corporation and Wal-Mart Stores, Inc. v. Rheem Manufacturing Company as Assignee of the Estate and Wrongful Death Beneficiaries of Sarah Jane King, Deceased; Jefferson Circuit Court; LC Case #: 97-0020; Ruling Date: 12/09/2002; Ruling Judge: Lamar Pickard Disposition: Petition for interlocutory appeal filed by petitioners 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 proceedings in the trial court are hereby stayed pending resolution of this interlocutory appeal. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb, Carlson and Graves, JJ. To Deny: McRae, P.J., and Easley, J. Not Participating: Diaz, J. Order entered.

Mississippi Commission on Judicial Performance v. Solomon C. Osborne; Disposition: Petition for Interim Suspension filed by the Mississippi Commission on Judicial Performance is granted. Leflore County Court Judge Solomon C. Osborne is hereby suspended, with pay, from all duties as County Court Judge until further order of this Court. McRae, P.J., would deny the Petition with Separate Written Statement. Smith, P.J., joins in Order with Response to Separate Statement of McRae, P.J., joined by Pittman, C.J., Waller, Cobb and Carlson, JJ. Graves, J., would deny the Petition with Corrected Separate Written Statement. Diaz and Easley, JJ., not participating. Amended Order entered.