02/26/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2002-IA-00952-SCT

McKenzie Check Advance of Mississippi, LLC d/b/a National Cash Advance, Cash Advance Centers, Inc., and Sharon Russell v. Cennie M. Hardy, Andrea James, Dorothy W. Harkless, John W. Buxton, Cinderella Robinson, Tracy Adams, Raymond E. Nelson, Stephen Moore, Gradie Colley, Tommeakka Colley, Anthony O. Davis and Debra A. Davis; Jasper Circuit Court 1st District; LC Case #: 12-0025; Ruling Date: 05/30/2002; Ruling Judge: Robert Evans; Consolidated with 2002-IA-00956-SCT Advance America, Cash Advance Center of Mississippi, Inc. and Jerald Parrish v. Andrea James, James E. Dixon, Edward Dixon, Kokeisha D. Johnson, Sherry Ann Bowie, Cennie M. Hardy, Darlean M. Milsap and Shemeka Lofton; Jasper Circuit Court 1st District; LC Case #: 12-0026; Ruling Date: 05/30/2002; Ruling Judge: Robert Evans; Consolidated with 2002-IA-00953-SCT Advance America, Cash Advance Centers of Mississippi, Inc. and Jerald Parrish v. Lillian D. Turner; Jasper Circuit Court 1st District; LC Case #: 12-0028; Ruling Date: 05/30/2002; Ruling Judge: Robert Evans; Consolidated with 2002-IA-00954-SCT Advance America, Cash Advance Centers of Mississippi, Inc. and Jerald Parrish v. Georgia Pierce, Jearlean Wilson and Janet Evans; Jasper Circuit Court 1st District; LC Case #: 12-0033; Ruling Date: 05/30/2002; Ruling Judge: Robert Evans; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Smith and Waller, P.JJ., Cobb and Dickinson, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Attala County Board of Supervisors d/b/a Attala Care Center v. Mississippi State Department of Health and Garry V. Hughes d/b/a The Kennington; Attala Chancery Court; LC Case #: 2002-184; Ruling Date: 10/21/2002; Ruling Judge: John Love, Jr.; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Carlson and Dickinson, JJ., Concur. Diaz and Graves, JJ., not participating.

John M. Clark v. Brass Eagle, Inc.; Coahoma Circuit Court; LC Case #: 14-CI-99-0088; Ruling Date: 12/16/2002; Ruling Judge: Kenneth Thomas; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Carlson, Graves and Dickinson, JJ., Concur. Diaz , J., not participating.

In Re: The Rules of Civil Procedure; Disposition: On Court's own motion, Rules 20, 42 and 82 of the Mississippi Rules of Civil Procedure and the Comments thereto are amended as set forth in Exhibits "A", "B" and "C" attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the advance sheets of Southern Reporter, Second Series, (Mississippi Edition). Easley, J., opposes all amendments. Graves, J., opposes amendments to Rules 20 and 82 and their comments. Diaz, J., not participating. Order entered.

In Re: Code of Judicial Conduct; Disposition: On the Court's own motion, the Commentary to Section 5A(3)(d) of the Code of Judicial Conduct is amended as set forth in Exhibit "A" attached to the order. 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) and in the next edition of Mississippi Rules of Court. Diaz, J., not participating. Easley, J., opposes the amendments. Order entered.

George R. Rogers a/k/a George E. Rogers v. Riccardo Rausa; Hinds Circuit Court 1st District; LC Case #: 251-98-911-CIV; Ruling Date: 07/26/2001; Ruling Judge: Tomie Green; 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 George Rogers is extended until March 25, 2004. A final decision on whether to grant or deny the petition shall be entered on or before March 25, 2004. Order entered.

Russell D. Williams v. State of Mississippi; Prentiss Circuit Court; LC Case #: CR99-138; Ruling Date: 03/02/2001; Ruling Judge: Richard Bowen; 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 Russell D. Williams 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.

James Arthur Hires v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 2401-00-00517; Ruling Date: 12/07/2001; Ruling Judge: Kosta Vlahos; Disposition: Petition for writ of certiorari filed by Appellant James Arthur Hires is granted. To Grant: Pittman, C.J., Waller, P.J., Cobb, Graves and Dickinson, JJ. To Deny: Smith, P.J., Easley and Carlson, JJ. Not Participating: Diaz, J. Order entered.

Danny L. Holley v. Wanda S. Holley; Lowndes Chancery Court; LC Case #: 2001-0793; Ruling Date: 02/15/2002; Ruling Judge: James Gore; 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 Wanda Holley is extended until April 2, 2004. A final decision on whether to grant or deny the petition shall be entered on or before April 2, 2004. 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: Petition for writ of certiorari filed by counsel for Steve Jasper is granted. 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.

Anita H. Linton and Husband, Harley Linton v. Frank L. Cross and Fredna S. Cross; Lauderdale Chancery Court; LC Case #: 99-950-M; Ruling Date: 02/01/2002; Ruling Judge: Jerry Mason; 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 Anita H. Linton, and husband, Harley Linton, is extended until March 25, 2004. A final decision on whether to grant or deny the petition should be entered on or before March 25, 2004. Order entered.

Greg Elkins v. Modena McKenzie, Wife and Next Friend of Eddie McKenzie, Deceased; Marion Circuit Court; LC Case #: 98-0164; Ruling Date: 05/13/2002; Ruling Judge: Michael Eubanks; Consolidated with 2002-CA-00853-SCT Modena McKenzie, Wife and Next Friend of Eddie McKenzie, Deceased v. City of Columbia, Mississippi, Jerry Howie, and Officer Pearlie Hendricks; Marion Circuit Court; LC Case #: 98-0164; Ruling Date: 05/13/2002; Ruling Judge: Michael Eubanks; Disposition: Appellant's motion for enlargement of time to file a response to Modena McKenzie's motion for rehearing is granted. Order entered.

Greg Elkins v. Modena McKenzie, Wife and Next Friend of Eddie McKenzie, Deceased; Marion Circuit Court; LC Case #: 98-0164; Ruling Date: 05/13/2002; Ruling Judge: Michael Eubanks; Consolidated with 2002-CA-00853-SCT Modena McKenzie, Wife and Next Friend of Eddie McKenzie, Deceased v. City of Columbia, Mississippi, Jerry Howie, and Officer Pearlie Hendricks; Marion Circuit Court; LC Case #: 98-0164; Ruling Date: 05/13/2002; Ruling Judge: Michael Eubanks; Disposition: Motion for rehearing filed by Modena McKenzie is denied. Cobb, J., would grant. Diaz, J., not participating.

In the Matter of the Estate of Mary M. Pigg, Deceased: Earl J. McClendon, Individually, and as Executor v. David L. McClendon, Hugh I. McClendon, Myrtis M. Doyle and Sharon M. Wheetley; Washington Chancery Court; LC Case #: 200670; Ruling Date: 06/03/2002; Ruling Judge: Ceola James; 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 David L. McClendon, Hugh I. McClendon, Myrtis M. Doyle and Sharon M. Wheetley is extended until April 16, 2004. A final decision on whether to grant or deny the petition shall be entered on or before April 16, 2004. Order entered.

Robert Rowland v. Cherryl Britt, Chief Records Officer, and Mississippi Department of Corrections; Sunflower Circuit Court; LC Case #: 2002-0018-M; Ruling Date: 06/06/2002; Ruling Judge: Betty Sanders; 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 pro se by Robert Rowland is extended until March 25, 2004. A final decision on whether to grant or deny the petition shall be entered on or before March 25, 2004. Order entered.

Charles Douglas Gulley, Jr. v. State of Mississippi; Jackson Circuit Court; LC Case #: CI-2002-00,181(1); Ruling Date: 06/11/2002; Ruling Judge: James Backstrom; Majority Opinion: Carlson, J. Disposition: Affirmed Jackson County taxed with costs of appeal. Votes: Pittman, C.J., Smith and Waller, P.JJ., Cobb and Easley, JJ., Concur. Graves, J., Dissents with Separate Written Opinion. Diaz and Dickinson, JJ., not participating. Dissenting Opinion: Graves, J.

HeartSouth, PLLC f/k/a HubSouth Cardiology v. Timothy Boyd, M.D.; Lamar Chancery Court; LC Case #: 2002-0157-GN-D; Ruling Date: 07/30/2002; Ruling Judge: Sebe Dale, Jr.; Disposition: Motion for rehearing filed by appellant is denied. Diaz and Graves, JJ., not participating.

Gannett River States Publishing Corporation, Inc. d/b/a The Clarion-Ledger v. City of Jackson, Harvey Johnson, in his official capacity as Mayor of the City of Jackson; Margaret Barrett, in her official capacity as President of the Jackson City Council; and Ben Allen, Leslie McLemore, Kenneth Stokes, William "Bo" Brown, C. Daryl Neely and Allen "Chip" Reno, Jr., in their official capacity as members of the Jackson City Council; Hinds Chancery Court 1st District; LC Case #: G2001-152 O/3; Ruling Date: 11/18/2002; Ruling Judge: Denise Owens; Majority Opinion: Smith, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Waller, P.J., Cobb, Carlson and Dickinson, JJ., Concur. Dickinson, J., Concurs With Separate Written Opinion, Joined by Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating. Concurring Opinion: Dickinson, J. Votes: Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ., Join This Opinion.

In the Matter of a Purported Order of the Mississippi Commission on Judicial Performance; Disposition: On the Court's own motion, the Commission's "Order of Recission" is hereby struck and is treated as though it is a motion and the motion is denied. The nominees of the Governor have been before and are hereby appointed. The Judicial Performance Commission is hereby admonished and encouraged to review its authority and to give attention to its proper duties and questions that are clearly before the Commission as well as the Commission's constitutional mandate. Diaz, J., not participating. Easley, J., abstaining. Order entered.