02/17/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2003-KA-02609-SCT

Vernell Carpenter v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 02-0-995; Ruling Date: 08/07/2003; Ruling Judge: W. Yerger; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Michael Shane Manix v. State of Mississippi; Jackson Circuit Court; LC Case #: 1998-10,241(1); Ruling Date: 08/17/2002; Ruling Judge: James Backstrom; Majority Opinion: Graves, J. Disposition: Conviction of capital murder and sentence of life imprisonment, without parole, in the custody of the Mississippi Department of Corrections, affirmed. Jackson County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

East Mississippi State Hospital, The Mississippi Department of Mental Health, Dr. Ramiro J. Martinez and Roger McMurtry v. Jimmy B. Callens; Hinds Circuit Court 1st District; LC Case #: 251-96-969CIV; Ruling Date: 10/26/1999; Ruling Judge: L. Hilburn, ; Disposition: Motion for rehearing filed by appellants is denied. Cobb, P.J., would grant. Diaz, J., not participating.

Byron Wendell Norris v. State of Mississippi; Pike Circuit Court; LC Case #: 01-447-KA-1; Ruling Date: 07/01/2002; Ruling Judge: Keith Starrett; Disposition: Petition for writ of certiorari filed pro se by Byron Wendell Norris 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.

In the Matter of the Estate of Kela Richardson, Deceased: Bernice Richardson, Administratrix of the Estate of Kela Richardson v. Virgil Cornes, Jr., Individually and as the Natural Father and Duly Appointed Guardian of Virgil Cornes, III, a Minor, Jerome Cornes and Julian Cornes; Bolivar Chancery Court 2nd District; LC Case #: 96-0300; Ruling Date: 07/03/2002; Ruling Judge: William Willard, Jr.; Majority Opinion: Easley, J. Disposition: The Judgment of the Court of Appeals is Reversed in Part and Rendered in Part as to the Determination of Heirs-at-Law. The Judgment of the Chancery Court of the Second Judicial District of Bolivar County is Affirmed in Part as to the Determination of Heirs-at-Law. The Judgment of the Court of Appeals is Affirmed in Part and Remanded in Part as to the Award of Administratrix's Fees and Attorney's Fees. The Judgment of the Chancery Court of the Second Judicial District of Bolivar County is Reversed in Part and Remanded in Part as to the Award of Administratrix's Fees and Attorney's Fees. Bernice Richarson taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Graves, J. Diaz, J., not participating. Concurring in Part and Dissenting in Part Opinion: Cobb, P.J. Votes: Graves, J., Joins This Opinion.

HWCC-Tunica, Inc. d/b/a Hollywood Casino v. Brenda Jenkins; Tunica Circuit Court; LC Case #: 99-0187-AS; Ruling Date: 09/26/2002; Ruling Judge: Albert Smith, III; Disposition: Petition for writ of certiorari filed by counsel for Brenda Jenkins is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ. To Deny: Carlson and Graves, JJ. Not Participating: Diaz, J. Order entered.

Charles Edward Wilson v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 057-02; Ruling Date: 03/26/2003; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari to the Court of Appeals filed by counsel for Charles Edward Wilson 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.

Odell Patterson, and Wife, Fannie Patterson and Floyd Patterson v. Liberty Associates, L.P. and Century Management Company; Amite Circuit Court; LC Case #: 02-CV-134-J; Ruling Date: 05/12/2003; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for rehearing filed by appellants is denied. Diaz, Graves and Randolph, JJ., not participating.

Mississippi Insurance Guaranty Association v. Goldin Properties, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-2002-474; Ruling Date: 07/07/2003; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed by Goldin Properties, Inc., is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. To Grant: Randolph, J. Not Participating: Diaz, J. Order entered.

Jewel Christian d/b/a ABC, Jewel Christian and Charles E. Magee v. Timothy McDonald and John E. Currie; Smith Circuit Court; LC Case #: 2002-010; Ruling Date: 08/18/2003; Ruling Judge: Robert Evans; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Carlson, J., Concur. Randolph, J., Concurs in Result Only. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Walter W. Eckman v. Cooper Tire & Rubber Company and Shanan Professional Review Services, Inc.; Lee Circuit Court; LC Case #: CV99-176; Ruling Date: 09/03/2003; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Walter W. Eckman v. Cooper Tire & Rubber Company and Shanan Professional Review Services, Inc.; Lee Circuit Court; LC Case #: CV99-176; Ruling Date: 09/03/2003; Ruling Judge: Thomas Gardner, III; Majority Opinion: Easley, J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn, and this opinion is substituted therefor. Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Freddie Dabney Hataway, Co-executor of the Estate of Eloise W. Dabney v. Estate of Mary Dabney Nicholls, Deceased, David H. Dabney and Eloise Dabney Lautier; Warren Chancery Court; LC Case #: 00-390GN; Ruling Date: 09/10/2003; Ruling Judge: William Willard, Jr.; Disposition: "Certificate of Vicarious Compliance" filed by Martin A. Kilpatrick and Linton C. Kilpatrick will be treated as a motion for leave to withdraw as counsel of record for the appellant and as such, is granted. Martin A. Kilpatrick and Linton C. Kilpatrick, individually, and as members of the Law Firm of Martin A. Kilpatrick and Linton C. Kilpatrick, P.A., are relieved from any further responsibility in prosecuting this appeal on behalf of the appellant, Freddie Dabney Hataway, Co-Executor of the Estate of Eloise W. Dabney. The appellant, Freddie Dabney Hataway, shall be allowed to proceed pro se in this case; and the Clerk shall mail a copy of this order to all counsel of record and to the appellant, Freddie Dabney Hataway, at her mailing address as indicated in her pro se response filed on January 4, 2005. Diaz and Graves, JJ., not participating. Order entered.

Freddie Dabney Hataway, Co-executor of the Estate of Eloise W. Dabney v. Estate of Mary Dabney Nicholls, Deceased, David H. Dabney and Eloise Dabney Lautier; Warren Chancery Court; LC Case #: 00-390GN; Ruling Date: 09/10/2003; Ruling Judge: William Willard, Jr.; Disposition: Motion for rehearing filed by appellees is granted. Diaz and Graves, JJ., not participating.

Freddie Dabney Hataway, Co-executor of the Estate of Eloise W. Dabney v. Estate of Mary Dabney Nicholls, Deceased, David H. Dabney and Eloise Dabney Lautier; Warren Chancery Court; LC Case #: 00-390GN; Ruling Date: 09/10/2003; Ruling Judge: William Willard, Jr.; Majority Opinion: Carlson, J. Disposition: The motion for rehearing is granted. The original opinion is withdrawn and this opinion is substituted therefor. Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

3M Company v. Curtis Lee Hinton; Jones Circuit Court 2nd District; LC Case #: 2002-6-CV1; Ruling Date: 09/25/2003; Ruling Judge: Billy Landrum; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Dickinson, J., Concur. Easley, J., Dissents Without Separate Written Opinion. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Empire Truck Sales, Inc., Empire Truck Sales, LLC, Empire Trucks of Richland, LLC, Empire Trucks of Richland II, LLC, Sterling Truck Corporation and Freightliner LLC v. Leonard Sanders; Hinds Circuit Court 1st District; LC Case #: 251-02-598CIV; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to MRAP 5(a) of Order Denying Defendants' Motion to Transfer Venue and Request for Stay filed by counsel for petitioners is granted as to the request for permission to appeal. The trial court order denying the change of venue is reversed and this matter is remanded to the trial court for proceedings consistent with this order. Petitioners' Motion to Strike Respondent's Untimely Response to Petition for Interlocutory Appeal and to Strike Issue Raised for the First Time on Appeal by respondent is dismissed as moot. All costs of this appeal are assessed to respondent. Graves, J., would deny. Diaz, J., not participating. Randolph, J., for the Court. Order entered.

Empire Truck Sales, Inc., Empire Truck Sales, LLC, Empire Trucks of Richland, LLC, Empire Trucks of Richland II, LLC, Sterling Truck Corporation and Freightliner LLC v. Leonard Sanders; Hinds Circuit Court 1st District; LC Case #: 251-02-598CIV; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to MRAP 5(a) of Order Denying Defendants' Motion to Transfer Venue and Request for Stay filed by counsel for petitioners is granted as to the request for permission to appeal. The trial court order denying the change of venue is reversed and this matter is remanded to the trial court for proceedings consistent with this order. Petitioners' Motion to Strike Respondent's Untimely Response to Petition for Interlocutory Appeal and to Strike Issue Raised for the First Time on Appeal by respondent is dismissed as moot. All costs of this appeal are assessed to respondent. Graves, J., would deny. Diaz, J., not participating. Randolph, J., for the Court. Order entered.

Empire Truck Sales, Inc., Empire Truck Sales, LLC, Empire Trucks of Richland, LLC, Empire Trucks of Richland II, LLC, Sterling Truck Corporation and Freightliner LLC v. Leonard Sanders; Hinds Circuit Court 1st District; LC Case #: 251-02-598CIV; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to MRAP 5(a) of Order Denying Defendants' Motion to Transfer Venue and Request for Stay filed by counsel for petitioners is granted as to the request for permission to appeal. The trial court order denying the change of venue is reversed and this matter is remanded to the trial court for proceedings consistent with this order. Petitioners' Motion to Strike Respondent's Untimely Response to Petition for Interlocutory Appeal and to Strike Issue Raised for the First Time on Appeal by respondent is dismissed as moot. All costs of this appeal are assessed to respondent. Graves, J., would deny. Diaz, J., not participating. Randolph, J., for the Court. Order entered.