02/15/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2005-CA-02313-SCT

W.A.S. v. A.L.G. and wife, R.L.G.; Leake Chancery Court; LC Case #: 2005-0009; Ruling Date: 11/08/2005; Ruling Judge: William Lutz; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Cobb, P.J., not participating.

Sandra Faye Floyd v. Nickie Floyd; Simpson Chancery Court; LC Case #: 2001-0173; Ruling Date: 11/23/2005; Ruling Judge: J. Buffington; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., not participating.

Shermeker Pollard and Trellvion Gaines, a Minor, by and through His Natural Mother, Legal Guardian, and Next Friend, Shermeker Pollard v. Sherwin-Williams Company; Jefferson Circuit Court; LC Case #: 2000-0604; Ruling Date: 08/08/2003; Ruling Judge: Lamar Pickard; Disposition: Petitioner's "Motion to File Reply to Respondent's Supplemental Brief," " Reply to Defendant's Supplemental Brief," and "Motion to Strike Defendant's Supplemental Brief" filed by counsel for Shermeker Pollard and Trellvion Gaines are dismissed. Order entered.

Shermeker Pollard and Trellvion Gaines, a Minor, by and through His Natural Mother, Legal Guardian, and Next Friend, Shermeker Pollard v. Sherwin-Williams Company; Jefferson Circuit Court; LC Case #: 2000-0604; Ruling Date: 08/08/2003; Ruling Judge: Lamar Pickard; Majority Opinion: Randolph, J. Disposition: The Judgment of the Court of Appeals is Reversed in Part and Affirmed in Part. The Judgment of the Circuit Court of Jefferson County is Reversed. This case is Remanded to the Circuit Court of Jefferson County for trial. Appellee taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Diaz and Graves, JJ., Concur. Smith, C.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Easley, Carlson and Dickinson, JJ. Concurring in Part and Dissenting in Part Opinion: Smith, C.J. Votes: Easley, Carlson and Dickinson, JJ., Join This Opinion.

W. A. Coleman v. State of Mississippi; Leflore Circuit Court; LC Case #: 2003-0016; Ruling Date: 02/02/2004; Ruling Judge: W. Hines; Disposition: Motion for rehearing filed by the State of Mississippi is denied. Smith, C.J., Easley and Randolph, JJ., would grant. Cobb, P.J., not participating.

Leroy Lynch v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 8338; Ruling Date: 06/05/1998; Ruling Judge: Kenneth Thomas; Disposition: Motion for Leave to File a Petition for Post-Conviction Relief in the trial court is granted in part and denied in part. See Opinion of this Court handed down this date.

Leroy Lynch v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 8338; Ruling Date: 06/05/1998; Ruling Judge: Kenneth Thomas; Majority Opinion: Smith, C.J. Disposition: Post Conviction Relief Granted in Part; Denied in Part. Bolivar County taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz, J., Concurs in Result Only. Randolph, J., Specially Concurs With Separate Written Opinion Joined by Carlson, J., and Smith, C.J., In Part. Cobb, P.J., not participating. Specially Concurring Opinion: Randolph, J. Votes: Carlson, J., Joins This Opinion. Smith, C.J., Joins This Opinion in Part.

In Re: Kourtney Bynum; Bolivar Circuit Court 1st District; LC Case #: 6531; Ruling Judge: Kenneth Thomas; Disposition: Motion for reconsideration filed by Kourtney Bynum is granted. The matter has been considered by the Court, en banc, and this will constitute the final order of the Court in this matter. To Grant: All Justices. Order entered.

Braddock Law Firm, PLLC v. Daniel E. Becnel, Jr., Michael T. Gallagher and Gallagher, Lewis, Downey & Kim; Hinds Chancery Court 1st District; LC Case #: 2001-1199 R/1; Ruling Date: 05/19/2004; Ruling Judge: Stuart Robinson; Disposition: Certiorari was granted by this Court on December 7, 2006. On the Court's own motion, the petition for writ of certiorari filed by Michael T. Gallagher and Gallagher, Lewis, Downey & Kim is dismissed as improvidently granted. Appellant taxed with costs of appeal. To Dismiss: All Justices. Dickinson, J., for the Court. Order entered.

Penelope Ann Payne v. Max D. Whitten; Tate Circuit Court; LC Case #: CV2002-327-B/T; Ruling Date: 06/14/2004; Ruling Judge: Andrew Baker; Disposition: Motion for rehearing filed by appellant is denied. The original opinion is withdrawn and this opinion is substituted therefor. The Judgment of the Court of Appeals is Reversed. The Judgment of the Circuit Court is Reinstated and Affirmed. Cobb, P.J., and Graves, J., not participating.

Penelope Ann Payne v. Max D. Whitten; Tate Circuit Court; LC Case #: CV2002-327-B/T; Ruling Date: 06/14/2004; Ruling Judge: Andrew Baker; Majority Opinion: Smith, C.J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn and this opinion is substituted therefor. The Judgment of the Court of Appeals is Reversed. The Judgment of the Circuit Court is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, P.J., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur. Cobb, P.J., and Graves, J., not participating.

Kelvin Sumrall a/k/a Snapper v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 190-04; Ruling Date: 12/10/2004; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by Kelvin Sumrall is denied. To Deny: All Justices. Order entered.

Patricia Flowers v. Public Employees' Retirement System; Hinds Circuit Court 1st District; LC Case #: 251-01-1323; Ruling Date: 01/18/2005; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Patricia Flowers is granted. To Grant: Waller, P.J., Easley, Graves and Randolph, JJ. To Deny: Smith, C.J., Cobb, P.J., Diaz, Carlson and Dickinson, JJ. Order entered.

Clair Dinet and Roldin Dinet v. Robert L. Gavagnie and City of Waveland, Mississippi; Hancock Circuit Court; LC Case #: 01-0386; Ruling Date: 02/25/2005; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Smith, C.J. Disposition: Vacated and Remanded. Appellees taxed with costs of appeal. Votes: Waller, P.J., Diaz, Easley, Carlson, Graves and Randolph, JJ., Concur. Dickinson, J., Dissents With Separate Written Opinion. Cobb, P.J., not participating. Dissenting Opinion: Dickinson, J.

Donna Chandler v. David Chandler AND Sundra Girard v. State of Mississippi; Clarke Chancery Court; LC Case #: 00-0038-S; Ruling Date: 02/10/2006; Ruling Judge: Sarah Springer; Consolidated with 2006-CA-00735 In Re: Karen H. Spencer; Clarke Chancery Court; LC Case #: 000038-S; Ruling Date: 04/18/2006; Ruling Judge: Sarah Springer; Disposition: Rule 48B Petition for Review of Trial Court's Order Denying Recusal filed by counsel for Sundra Girard is dismissed as moot. Appellee's Motion to Strike Appellant, Donna Chandler's Notice of Appeal is passed for consideration with the merits of the appeal. Appellee David Chandler's Motion to Strike Appellant, Sundra Girard's Notice of Appeal and Designation of Record is remanded to the trial court for consideration. Motion for Ruling that Trial Court's Gag Order does not apply to the Instant Appeal of Criminal Contempt Proceedings filed by Sundra Girard is remanded to the trial court for consideration. All Justices Agree. Order entered.

Donna Chandler v. David Chandler AND Sundra Girard v. State of Mississippi; Clarke Chancery Court; LC Case #: 00-0038-S; Ruling Date: 02/10/2006; Ruling Judge: Sarah Springer; Consolidated with 2006-CA-00735 In Re: Karen H. Spencer; Clarke Chancery Court; LC Case #: 000038-S; Ruling Date: 04/18/2006; Ruling Judge: Sarah Springer; Disposition: Rule 48B Petition for Review of Trial Court's Order Denying Recusal filed by counsel for Sundra Girard is dismissed as moot. Appellee's Motion to Strike Appellant, Donna Chandler's Notice of Appeal is passed for consideration with the merits of the appeal. Appellee David Chandler's Motion to Strike Appellant, Sundra Girard's Notice of Appeal and Designation of Record is remanded to the trial court for consideration. Motion for Ruling that Trial Court's Gag Order does not apply to the Instant Appeal of Criminal Contempt Proceedings filed by Sundra Girard is remanded to the trial court for consideration. All Justices Agree. Order entered.

Donna Chandler v. David Chandler AND Sundra Girard v. State of Mississippi; Clarke Chancery Court; LC Case #: 00-0038-S; Ruling Date: 02/10/2006; Ruling Judge: Sarah Springer; Consolidated with 2006-CA-00735 In Re: Karen H. Spencer; Clarke Chancery Court; LC Case #: 000038-S; Ruling Date: 04/18/2006; Ruling Judge: Sarah Springer; Disposition: Rule 48B Petition for Review of Trial Court's Order Denying Recusal filed by counsel for Sundra Girard is dismissed as moot. Appellee's Motion to Strike Appellant, Donna Chandler's Notice of Appeal is passed for consideration with the merits of the appeal. Appellee David Chandler's Motion to Strike Appellant, Sundra Girard's Notice of Appeal and Designation of Record is remanded to the trial court for consideration. Motion for Ruling that Trial Court's Gag Order does not apply to the Instant Appeal of Criminal Contempt Proceedings filed by Sundra Girard is remanded to the trial court for consideration. All Justices Agree. Order entered.

Lealue "Annette" Cousin and Richie Cousin v. Enterprise Leasing Company-South Central, Inc. and Jana Kellems; Chickasaw Circuit Court 2nd District; LC Case #: 02004-045; Ruling Date: 02/16/2006; Ruling Judge: Henry Lackey; Disposition: Appellee's Motion for Correction of Opinion is granted. Order entered.

Lealue "Annette" Cousin and Richie Cousin v. Enterprise Leasing Company-South Central, Inc. and Jana Kellems; Chickasaw Circuit Court 2nd District; LC Case #: 02004-045; Ruling Date: 02/16/2006; Ruling Judge: Henry Lackey; Disposition: Appellants' Motion to Withdraw their Motion for Rehearing is denied. Order entered.

Lealue "Annette" Cousin and Richie Cousin v. Enterprise Leasing Company-South Central, Inc. and Jana Kellems; Chickasaw Circuit Court 2nd District; LC Case #: 02004-045; Ruling Date: 02/16/2006; Ruling Judge: Henry Lackey; Disposition: The motion for rehearing filed by appellants is denied. The original opinions are withdrawn and these opinions are substituted therefor. Affirmed. Diaz, Graves, Dickinson and Randolph, JJ., would grant.

Lealue "Annette" Cousin and Richie Cousin v. Enterprise Leasing Company-South Central, Inc. and Jana Kellems; Chickasaw Circuit Court 2nd District; LC Case #: 02004-045; Ruling Date: 02/16/2006; Ruling Judge: Henry Lackey; Majority Opinion: Carlson, J. Disposition: The motion for rehearing is denied. The original opinions are withdrawn and these opinions are substituted therefor. Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Easley, J., Concur. Dickinson, J., Dissents With Separate Written Opinion Joined by Diaz, Graves and Randolph, JJ. Dissenting Opinion: Dickinson, J. Votes: Diaz, Graves and Randolph, JJ., Join This Opinion.

In Re: Karen H. Spencer; Clarke Chancery Court; LC Case #: 000038-S; Ruling Date: 04/18/2006; Ruling Judge: Sarah Springer; Consolidated with 2006-CA-00320 Donna Chandler v. David Chandler AND Sundra Girard v. State of Mississippi; Clarke Chancery Court; LC Case #: 00-0038-S; Ruling Date: 02/10/2006; Ruling Judge: Sarah Springer; Disposition: Rule 48B Petition for Review of Trial Court's Order Denying Recusal filed by counsel for Sundra Girard is dismissed as moot. Appellee's Motion to Strike Appellant, Donna Chandler's Notice of Appeal is passed for consideration with the merits of the appeal. Appellee David Chandler's Motion to Strike Appellant, Sundra Girard's Notice of Appeal and Designation of Record is remanded to the trial court for consideration. Motion for Ruling that Trial Court's Gag Order does not apply to the Instant Appeal of Criminal Contempt Proceedings filed by Sundra Girard is remanded to the trial court for consideration. All Justices Agree. Order entered.

In Re: Karen H. Spencer; Clarke Chancery Court; LC Case #: 000038-S; Ruling Date: 04/18/2006; Ruling Judge: Sarah Springer; Consolidated with 2006-CA-00320 Donna Chandler v. David Chandler AND Sundra Girard v. State of Mississippi; Clarke Chancery Court; LC Case #: 00-0038-S; Ruling Date: 02/10/2006; Ruling Judge: Sarah Springer; Disposition: Rule 48B Petition for Review of Trial Court's Order Denying Recusal filed by counsel for Sundra Girard is dismissed as moot. Appellee's Motion to Strike Appellant, Donna Chandler's Notice of Appeal is passed for consideration with the merits of the appeal. Appellee David Chandler's Motion to Strike Appellant, Sundra Girard's Notice of Appeal and Designation of Record is remanded to the trial court for consideration. Motion for Ruling that Trial Court's Gag Order does not apply to the Instant Appeal of Criminal Contempt Proceedings filed by Sundra Girard is remanded to the trial court for consideration. All Justices Agree. Order entered.

In Re: Karen H. Spencer; Clarke Chancery Court; LC Case #: 000038-S; Ruling Date: 04/18/2006; Ruling Judge: Sarah Springer; Consolidated with 2006-CA-00320 Donna Chandler v. David Chandler AND Sundra Girard v. State of Mississippi; Clarke Chancery Court; LC Case #: 00-0038-S; Ruling Date: 02/10/2006; Ruling Judge: Sarah Springer; Disposition: Rule 48B Petition for Review of Trial Court's Order Denying Recusal filed by counsel for Sundra Girard is dismissed as moot. Appellee's Motion to Strike Appellant, Donna Chandler's Notice of Appeal is passed for consideration with the merits of the appeal. Appellee David Chandler's Motion to Strike Appellant, Sundra Girard's Notice of Appeal and Designation of Record is remanded to the trial court for consideration. Motion for Ruling that Trial Court's Gag Order does not apply to the Instant Appeal of Criminal Contempt Proceedings filed by Sundra Girard is remanded to the trial court for consideration. All Justices Agree. Order entered.

Tommye Maddox Working v. Jim Hood, Attorney General for the State of Mississippi, ex rel., State of Mississippi, Maddox Foundation, a Mississippi Non-Profit Corporation and Robin G. Costa, as a Director and President of the Maddox Foundation; DeSoto Chancery Court; LC Case #: 04-11-1876; Ruling Judge: Percy Lynchard, Jr.; Disposition: Motion for Clarification filed by petitioner is denied. Graves, J., not participating. Order entered.

Johnny L. DuPree, In His Official Capacity as Mayor of the City of Hattiesburg, Mississippi v. Carter Carroll, C. E. Bailey and Kim Bradley; Forrest Circuit Court; LC Case #: CI06-0132; Ruling Date: 09/29/2006; Ruling Judge: Robert Helfrich; Disposition: Motion for reconsideration filed by counsel for the appellees is denied. Appellees seek reconsideration of the Court's prior denial of their motion for expedited appeal. To Deny: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Cobb, P.J. Order entered.