02/27/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
XX  2001-CA-01613-SCT

Jimmy Abrams and Mary Abrams v. The Marlin Firearms Company and Gary Dedeaux d/b/a Gary's Pawn & Gunshop; Clay Circuit Court; LC Case #: 97-0207; Ruling Date: 07/27/2001; Ruling Judge: John Montgomery; Majority Opinion: Waller, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents With Separate Written Opinion Joined by Diaz, J. Dissenting Opinion: McRae, P.J. Votes: Diaz, J., Joins This Opinion.

Classic Coach, Inc. and Albert Rush, Sr. v. Rachel McBride, Next of Kin, Heir and Administratrix of the Estate of Larry McBride, Deceased, Individually and Wrongful Death Beneficiary of Larry McBride, Deceased; Tunica Circuit Court; LC Case #: 94-0217; Ruling Date: 12/21/1999; Ruling Judge: John Hatcher; Consolidated with 2000-CA-00692-SCT Classic Coach, Inc. and Albert Rush, Sr. v. James Johnson, Individually, and on behalf of April Johnson and Jenna Johnson, Minors, Marlene Johnson, Julie Johnson and All Heirs-At-Law of Matthew Johnson, Deceased; Tunica Circuit Court; LC Case #: 94-0214; Ruling Date: 12/21/1999; Ruling Judge: John Hatcher; Disposition: Motion to Amend Mandate filed by the appellees is granted. Any calculation thereof shall be done in the trial court. The mandate in this case is hereby amended to read: "The judgment of the Circuit Court of Tunica County is affirmed in part and reversed and remanded in part. Interest on the modified judgment is awarded from December 21, 1999." Order entered.

Ray Skates v. Jeffery Bryant and Sheree Bryant; Adams Chancery Court; LC Case #: 97-609; Ruling Date: 02/11/2000; Ruling Judge: Percy Lynchard, Jr.; 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 Ray Skates is extended until March 27, 2003. A final decision on whether to grant or deny the petition shall be entered on or before March 27, 2003. Order entered.

Diamond Offshore Management Company v. Archie Marks; Harrison Circuit Court 1st District; LC Case #: A-2401-99-00063; Ruling Date: 10/02/2000; Ruling Judge: John Whitfield; Majority Opinion: Cobb, J. Disposition: Affirmed as to Liability; Judgment Vacated and Remitted from $3,643,018.00 to $1,643,018.00, Conditioned upon Acceptance within Twenty-One (21) Days and Payment Within Thirty (30) Days; Otherwise, the Case is Remanded for a New Trial as to Damages Only. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Easley and Carlson, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. McRae, P.J., and Diaz, J., not participating.

Robert Tubwell a/k/a Robert E. Tubwell a/k/a Robert Earl Tubwell v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-00-412; Ruling Date: 10/04/2000; Ruling Judge: W. Yerger; 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 Robert Tubwell is hereby extended until March 31, 2003. A final decision on whether to grant or deny the petition shall be entered on or before March 31, 2003. Order entered.

In Re: Estate of William George Law, Deceased: Dolores Cluney a/k/a Dolores Law v. John David Law, Administrator; Monroe Chancery Court; LC Case #: 99-0460; Ruling Date: 11/09/2000; Ruling Judge: Jacqueline Mask; Disposition: Petition for writ of certiorari filed by counsel for John David Law is granted. To Grant: All Justices. Order entered.

Romain Powell Wilson v. Greyhound Bus Lines, Inc.; Jackson Circuit Court; LC Case #: CI-96-0067(1); Ruling Date: 01/09/2001; Ruling Judge: Dale Harkey; Disposition: Motion to revise the mandate of this Court issued on December 12, 2002, filed pro se by Romain Powell Wilson, is in the nature of a second successive motion for rehearing and is hereby dismissed with prejudice. Order entered.

Howard Mooneyham v. State of Mississippi; Rankin Circuit Court; LC Case #: 12,190; Ruling Date: 02/09/2001; Ruling Judge: John Kitchens; Disposition: Petition for writ of certiorari filed by Howard Mooneyham is denied. To Deny: All Justices. Order entered.

Ted Smith v. Parkerson Lumber, Inc.; Choctaw Circuit Court; LC Case #: 98-005L; Ruling Date: 01/03/2001; Ruling Judge: Joseph Loper, Jr.; 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 Ted Smith is extended until March 31, 2003. A final decision on whether to grant or deny the petition shall be entered on or before March 31, 2003. Order entered.

Lee County, Mississippi and Lee County Emergency Communication District v. Kermit Davis and Nancy Davis; Lee Circuit Court; LC Case #: CV99-115(R)L; Ruling Date: 03/09/2001; Ruling Judge: Frank Russell; Disposition: Motion for rehearing filed by appellees, Kermit Davis and Nancy Davis, is denied. McRae, P.J., and Graves, J., would grant. Diaz, J., not participating.

Sheron Edwards a/k/a Sheron Bushea Edwards v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 1999-0112-CR; Ruling Date: 05/03/2001; Ruling Judge: John Montgomery; Disposition: Petition for writ of certiorari filed by counsel for Sheron Edwards is denied. To Deny: All Justices. Order entered.

Glenn Shirley v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 99-1-113; Ruling Date: 05/22/2001; 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 Glenn Shirley is extended until March 27, 2003. A final decision on whether to grant or deny the petition shall be entered on or before March 27, 2003. Order entered.

The Mississippi Bar v. Joe Price Coleman a/k/a J. Price Coleman; LC Case #: 2000-B-1572; Ruling Date: 06/07/2001; Ruling Judge: James Thomas, Jr.; Disposition: The Mississippi Bar's motion to strike certain language from the motion for rehearing filed by Joe Price Coleman is denied. The Mississippi Bar's motion to strike the appendices attached to the motion for rehearing is denied. To Deny: McRae and Smith, P.JJ., Diaz, Easley, Carlson and Graves, JJ. To Grant: Pittman, C.J. To Grant in Part and Deny in Part: Cobb, J. Not Participating: Waller, J. Order entered.

The Mississippi Bar v. Joe Price Coleman a/k/a J. Price Coleman; LC Case #: 2000-B-1572; Ruling Date: 06/07/2001; Ruling Judge: James Thomas, Jr.; Disposition: Motion for rehearing filed by Joe Price Coleman is denied. Graves, J., would grant. Waller, J., not participating.

Larry Teer v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2001-0059; Ruling Date: 08/01/2001; Ruling Judge: Larry Lewis; 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 Larry Teer is extended until March 27, 2003. A final decision on whether to grant or deny the petition shall be entered on or before March 27, 2003. Order entered.

Leo Poindexter v. Southern United Fire Insurance Company; Lowndes Circuit Court; LC Case #: 2001-0040-CVl; Ruling Date: 08/27/2001; Ruling Judge: Lee Howard; Majority Opinion: Cobb, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Pittman, C.J., Waller and Carlson, JJ., Concur. Easley and Graves, JJ., Concur in Part and Dissent in Part Without Separate Written Opinion. Waller, J., Concurs with Separate Written Opinion Joined by Smith, P.J., and Carlson, J. McRae, P.J., Dissents With Separate Written Opinion, Joined by Diaz, J. Easley, J., Joins in Part. Diaz, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by McRae, P.J. Easley and Graves, JJ. Concurring Opinion: Waller, J. Votes: Smith, P.J. and Carlson, J., Join This Opinion. Dissenting Opinion: McRae, P.J. Votes: Diaz, J., Joins This Opinion. Easley, J., Joins in Part. Concurring in Part and Dissenting in Part Opinion: Diaz, J. Votes: McRae, P.J., Easley and Graves, JJ., Join This Opinion.

Charlotte Mills v. Hercules, Inc. ; Forrest Circuit Court; LC Case #: CI-010017; Ruling Date: 12/17/2002; Ruling Judge: Richard McKenzie; Disposition: Petition for Permission for Interlocutory Appeal filed by Charlotte Mills is hereby granted. This matter is remanded to the circuit court with instructions to remand it to the Mississippi Workers' Compensation Commission for further proceedings. Appellant, Charlotte Mills, is taxed with all costs of this appeal. McRae, P.J., for the Court. Order entered.

Charlotte Mills v. Hercules, Inc. ; Forrest Circuit Court; LC Case #: CI-010017; Ruling Date: 12/17/2002; Ruling Judge: Richard McKenzie; Disposition: Petition for Permission for Interlocutory Appeal filed by Charlotte Mills is hereby granted. This matter is remanded to the circuit court with instructions to remand it to the Mississippi Workers' Compensation Commission for further proceedings. Appellant, Charlotte Mills, is taxed with all costs of this appeal. McRae, P.J., for the Court. Order entered.