Supreme Court of MississippiHand Down List
February 23, 2006
02/23/2006 - Hand Down and published opinions in WordPerfect/ZIP format
Dickinson, Jess H.
X 2004-CA-01699-SCT
MS Credit Center, Inc., d/b/a MS Loan Center, American Bankers Life Assurance Company of Florida and MS Casualty Insurance Company v. Catherine Horton; Sunflower Circuit Court; LC Case #: 2002-0732-CI; Ruling Date: 08/16/2004; Ruling Judge: Richard Smith; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.
EN BANC
89-R-99015-SCT
In Re: Local Rules; Disposition: Petition for Approval of Local Rules filed by the Chancellors of the Eighth Chancery Court District for approval of proposed local rules is granted. The proposed local rules are attached as Exhibit "A" and shall supersede and replace any and all former local rules of the Eighth Chancery Court District. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition). Not Participating: Diaz, J. Order entered.
EN BANC
2004-CT-00166-SCT
J.N.W.E. v. W.D.W.; Yazoo Chancery Court; LC Case #: 01-0341; Ruling Date: 04/08/2004; Ruling Judge: Janace Goree; Disposition: The Petition for Writ of Certiorari filed by J.N.W.E. is denied. To Deny: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ. To Grant: Cobb, P.J., Easley and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.
EN BANC
2004-IA-00744-SCT
Leelin Mallory and Vicki Mallory v. A. P. Soriano, M.D., and Neshoba County General Hospital; Neshoba Circuit Court; LC Case #: 00-CV-270-NS; Ruling Date: 03/02/2004; Ruling Judge: Marcus Gordon; Disposition: The Motion for Rehearing filed by appellants is denied. Easley and Randolph, JJ., would grant. Diaz, J., not participating.
EN BANC
2004-CT-01036-SCT
Jo P. Wilson Deal v. Joseph L. Wilson; Rankin Chancery Court; LC Case #: 43265; Ruling Date: 02/06/2004; Ruling Judge: Edward Prisock; Consolidated with 2003-CT-02569-SCT Jo P. Wilson Deal v. Joseph L. Wilson; Rankin Chancery Court; LC Case #: 43265; Ruling Date: 10/22/2003; Ruling Judge: Edward Prisock; Disposition: The Petition for Writ of Certiorari filed by Jo P. Wilson Deal is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.
EN BANC
X 2004-IA-02512-SCT
Citifinancial Retail Services v. Sammie Hooks and Winnie Hooks; Covington Circuit Court; LC Case #: 2002-237C; Ruling Date: 12/06/2004; Ruling Judge: Robert Evans; Majority Opinion: Easley, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ., Concur. Cobb, P.J., Concurs in Result Only. Graves, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.
EN BANC
2005-IA-01473-SCT
Canadian National/Illinois Central Railroad Company v. Terry Louis Smith, et al.; Hinds Circuit Court 1st District; LC Case #: 251-03-445CIV; Ruling Date: 07/18/2005; Ruling Judge: Tomie Green; Disposition: Petition for Illinois Central Railroad Company for Writs of Mandamus and Prohibition and for Permission to Appeal Interlocutory Orders of the Circuit Court of the First Judicial District of Hinds County is granted. Affirmed in Part and Remanded with Instructions. See Opinion of this Court handed down this date. Petitioner taxed with costs of appeal. Diaz, J., not participating.
EN BANC
2005-IA-01473-SCT
Canadian National/Illinois Central Railroad Company v. Terry Louis Smith, et al.; Hinds Circuit Court 1st District; LC Case #: 251-03-445CIV; Ruling Date: 07/18/2005; Ruling Judge: Tomie Green; Disposition: Petition for Illinois Central Railroad Company for Writs of Mandamus and Prohibition and for Permission to Appeal Interlocutory Orders of the Circuit Court of the First Judicial District of Hinds County is granted. Affirmed in Part and Remanded with Instructions. See Opinion of this Court handed down this date. Petitioner taxed with costs of appeal. Diaz, J., not participating.
EN BANC
X 2005-IA-01473-SCT
Canadian National/Illinois Central Railroad Company v. Terry Louis Smith, et al.; Hinds Circuit Court 1st District; LC Case #: 251-03-445CIV; Ruling Date: 07/18/2005; Ruling Judge: Tomie Green; Majority Opinion: Dickinson, J. Disposition: Petition granted. Affirmed in Part and Remanded with Instructions. Petitioner taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Randolph, JJ., Concur. Cobb, P.J., Concurs in Result Only. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.
EN BANC
X 2005-BD-01967-SCT
The Mississippi Bar v. Daniel L. Inserra; Majority Opinion: Easley, J. Disposition: Effective upon entry of this order and based on Rule 13 of the Mississippi Rules of Discipline, a public reprimand shall be enforced in the event Inserra ever seeks reinstatement to The Mississippi Bar under Miss. Code Ann., Section 73-3-127 by curing his enrollment fee obligations. The Bar is entitled to recover from Inserra all costs of this disciplinary proceeding, as well as all previously assessed sums. Daniel L. Inserra taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.
EN BANC
2006-M-00027
Zachary Johnson, a/k/a Zack Johnson v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2000-234-KR2; Ruling Judge: Billy Landrum; Disposition: Johnson's pro se Motion to Grant Leave to File Petition for Post-Conviction Collateral Relief is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ. To Grant: Dickinson, J. Not Participating: Diaz, J. Order entered.
EN BANC
2006-M-00053
In Re: Clyde Kennard v. State of Mississippi; Forrest Circuit Court; Ruling Judge: Robert Helfrich; Disposition: Motion Amicus Curiae to Vacate Judgment Pursuant to Rule 60 (b)(1) for Fraud, Misrepresentation, and Other Misconduct of Adverse Party in the Case filed by W. O. "Chet" Dillard is dismissed. To Dismiss the Motion: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.