03/02/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2004-IA-02016-SCT

Mississippi Farm Bureau Federation, Claiborne County Farm Bureau, Rankin County Farm Bureau, Amite County Farm Bureau, Lauderdale County Farm Bureau, Rural Insurance Agency, Inc., Southern Farm Bureau Life Insurance Company, Southern Farm Bureau Casualty Insurance Company, Mississippi Farm Bureau Casualty Insurance Company, Mississippi Farm Bureau Mutual Insurance Company, Marcus Martin, Dan Martin, Michael Bridwell, Randy Hynum and Tommy Allen v. Brenda Roberts, Barbara Rigdon, Martha Via, Becky Kirkland and Alinda White; Claiborne Circuit Court; LC Case #: CV-99-0165; Ruling Date: 10/05/2004; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

In Re: Creation of a Task Force on Gender Fairness in the Courts; Disposition: On the Court's own motion, the Gender Fairness Advisory Study Committee is appointed and shall be composed of the persons named in Exhibit "A" attached to this order. The terms of each appointment shall begin March 1, 2006, and end not later than February 28, 2007. The Honorary Chair of the Committee shall be the Honorable Evelyn Gandy, who served with diligence and distinction as Honorary Chair of the original Task Force on Gender Fairness created by this Court in 1998. Other officers shall be determined by the members of the Committee herein named. Diaz, J., not participating. Order entered.

Fred Sanford Spicer, Jr. a/k/a Freddie Spicer, Jr. v. State of Mississippi; George Circuit Court; LC Case #: 2002-10,006(3); Ruling Date: 05/01/2003; Ruling Judge: Dale Harkey; Disposition: The Motion for Rehearing filed by appellant is denied. Diaz, J., not participating. Opinion modified at paragraph 18.

M.W.F. v. D.D.F.; Greene Chancery Court; LC Case #: 2003-19; Ruling Date: 11/12/2003; Ruling Judge: Jaye Bradley; Disposition: The Petition for Writ of Certiorari filed by counsel for M.W.F. is granted. To Grant: Smith, C.J., Cobb, P.J., Carlson and Dickinson, JJ. To Deny: Waller, P.J., Easley, Graves and Randolph, JJ. Not Participating: Diaz, J. Order entered.

W. E. Davis, Administrator of the Estate of Anthony Walker Smith, Deceased and Bank of Holly Springs v. Raymond Smith and Dorothy D. Smith, Intervenor; Tate Chancery Court; LC Case #: 02-4-144(L); Ruling Date: 11/03/2003; Ruling Judge: Percy Lynchard, Jr.; Disposition: The Petition for Writ of Certiorari filed by counsel for the Estate of Anthony Smith is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves and Randolph, JJ. To Grant: Cobb, P.J., and Dickinson, J. Not Participating: Diaz, J. Order entered.

The Mississippi Insurance Guaranty Association; Daniel P. Dare, M.D.; and River Region Medical Corporation v. Dot Brewer; Hinds Circuit Court 1st District; LC Case #: 251-96-751; Ruling Date: 12/09/2003; Ruling Judge: Bobby DeLaughter; Disposition: The Petition for Writ of Certiorari filed by counsel for Dot Brewer is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz, J. Order entered.

Bilbo Bush v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV03-044(A)I; Ruling Date: 12/22/2003; Ruling Judge: Sharion Aycock; Disposition: The Petition for Writ of Certiorari filed pro se by Bilbo Bush 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.

Regina Darlene Garrett v. State of Mississippi; Perry Circuit Court; LC Case #: 4956; Ruling Date: 02/12/2004; Ruling Judge: Robert Helfrich; Disposition: The Motion for Rehearing filed by appellant is denied. Diaz, J., not participating.

R. J. Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation, Phillip Morris USA Inc., The Corr-Williams Company, and Fayette Supermarket, Inc. v. Ursula R. King, Individually and on Behalf of All Wrongful Death Heirs and Beneficiaries of Mary Lee Latham, Deceased; Jefferson Circuit Court; LC Case #: 2002-319; Ruling Date: 03/02/2004; Ruling Judge: Lamar Pickard; Disposition: The Motion for Rehearing filed by appellants is denied. Graves, J., would deny but not modify opinion. Diaz, J., not participating. Opinion modified at paragraph 18.

R. J. Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation, Phillip Morris USA Inc., The Corr-Williams Company, and Fayette Supermarket, Inc. v. Ursula R. King, Individually and on Behalf of All Wrongful Death Heirs and Beneficiaries of Mary Lee Latham, Deceased; Jefferson Circuit Court; LC Case #: 2002-319; Ruling Date: 03/02/2004; Ruling Judge: Lamar Pickard; Disposition: Appellants' Motion to Strike or, in the Alternative, for Leave to File Reply to Appellee's Opposition to the Motion for Rehearing and the Appellee's Opposition to the Motion to Strike and Alternative Motion for Additional Briefing are dismissed as moot. Diaz, J., not participating. Order entered.

Darryl Mixon a/k/a Darrell Mixon a/k/a Daryl Mixon a/k/a Larry Williams a/k/a Reginald Wells v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 03-0-0650; Ruling Date: 03/12/2004; Ruling Judge: W. Yerger; Disposition: The Motion for Rehearing filed pro se by Darryl Mixon is denied. Graves, J., would grant. Diaz, J., not participating.

Rodney Brown v. Michael A. Thompson and the Bolivar County Sheriff's Department; Bolivar Circuit Court 2nd District; LC Case #: 2003-0107; Ruling Date: 07/30/2004; Ruling Judge: Larry Lewis; Disposition: Appellant's Motion to Strike Portions of Appellees' Principal Brief is denied. See Opinion of this Court handed down this date. Diaz, J., not participating.

Rodney Brown v. Michael A. Thompson and the Bolivar County Sheriff's Department; Bolivar Circuit Court 2nd District; LC Case #: 2003-0107; Ruling Date: 07/30/2004; Ruling Judge: Larry Lewis; Majority Opinion: Cobb, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Demarcus Smith, a Minor, and Kiara Smith, a Minor, and Tevon Smith, a Minor, Deceased and/or Estate of Tevon Smith by Carl Smith, Personal Representative, Natural Father and Next Friend, All by Their Natural Father and Next Friend, Carl Smith, Individually, and as a Wrongful Death Beneficiary of Tevon Smith, and Carl Smith on Behalf of All of Tevon Smith's Wrongful Death Beneficiaries v. Boone Express, Inc. and Michael Dale; Tunica Circuit Court; LC Case #: 2002-0378; Ruling Date: 07/28/2004; Ruling Judge: Larry Lewis; Consolidated with 2004-CA-01920-SCT Demarcus Smith, a Minor, and Kiara Smith, a Minor, and Tevon Smith, a Minor, Deceased and/or Estate of Tevon Smith by Carl Smith, Personal Representative, Natural Father and Next Friend, All by Their Natural Father and Next Friend, Carl Smith, Individually, and as a Wrongful Death Beneficiary of Tevon Smith, and Carl Smith on Behalf of All of Tevon Smith's Wrongful Death Beneficiaries v. Cassandra L. Holmes, Individually and as Natural Guardian and Next Friend of Demarcus Holmes and Kiara Holmes, and as Personal Representative of the Estate of Tevon Holmes, Deceased; and Boone Express, Inc.; Tunica Circuit Court; LC Case #: 2002-322; Ruling Date: 07/28/2004; Ruling Judge: Larry Lewis; Disposition: The Motion for Rehearing filed by Cassandra L. Holmes is denied. Easley, J., would grant. Diaz and Graves, JJ., not participating.

In the Matter of the Extension and Enlarging of the Boundaries of the City of Laurel, Mississippi; Jones Chancery Court 2nd District; LC Case #: 2002-0616; Ruling Date: 10/19/2004; Ruling Judge: Franklin McKenzie, Jr.; Consolidated with 2002-AN-01805-SCT In the Matter of the Extension and Enlarging of the Boundaries of the City of Laurel, Mississippi: Randy Chesney and the City of Laurel, Mississippi; Jones Chancery Court 2nd District; LC Case #: 2002-0616; Ruling Date: 10/22/2002; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Robbie Joe Mayers, Sr. v. Joycelyn Lyons Mayers; Jones Chancery Court 2nd District; LC Case #: 44,830; Ruling Date: 11/18/2004; Ruling Judge: Franklin McKenzie, Jr.; Disposition: On the Court's own motion, this appeal is hereby dismissed for failure to serve notice of appeal to the appellee. Appellant is taxed with all costs of appeal. Diaz, J., not participating. Easley, J., for the Court. Order entered.

Bethany Wooten, a Minor, by and through Her Parents, Next Friends, and Guardians, Betty Wooten and Charles Wooten v. Mississippi Farm Bureau Insurance Company; Marion Chancery Court; LC Case #: 2003-0083-G-D; Ruling Date: 12/01/2004; Ruling Judge: Sebe Dale, Jr.; Consolidated with 2003-CA-02457-SCT Bethany Wooten, a Minor, by and through Her Parents, Next Friends, and Guardians, Betty Wooten and Charles Wooten v. Mississippi Farm Bureau Insurance Company; Marion Chancery Court; LC Case #: 2003-0083-G-D; Ruling Date: 10/13/2003; Ruling Judge: Sebe Dale, Jr.; Disposition: The Motion for Rehearing filed by Bethany Wooten is denied. The original opinion is withdrawn and this opinion is substituted therefor. Affirmed. Diaz and Easley, JJ., not participating.

Bethany Wooten, a Minor, by and through Her Parents, Next Friends, and Guardians, Betty Wooten and Charles Wooten v. Mississippi Farm Bureau Insurance Company; Marion Chancery Court; LC Case #: 2003-0083-G-D; Ruling Date: 12/01/2004; Ruling Judge: Sebe Dale, Jr.; Consolidated with 2003-CA-02457-SCT Bethany Wooten, a Minor, by and through Her Parents, Next Friends, and Guardians, Betty Wooten and Charles Wooten v. Mississippi Farm Bureau Insurance Company; Marion Chancery Court; LC Case #: 2003-0083-G-D; Ruling Date: 10/13/2003; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Graves, 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. Diaz and Easley, JJ., not participating.

Mississippi Farm Bureau Mutual Insurance Company, Mississippi Farm Bureau Casualty Insurance Company and Southern Farm Bureau Casualty Insurance Company v. Kim Parker; Jones Circuit Court 2nd District; LC Case #: 2002-270-CV9; Ruling Date: 03/18/2005; Ruling Judge: Billy Landrum; Disposition: The Motion for Rehearing filed by Kim Parker is denied. Easley, J., would grant. Diaz, J., not participating.

Illinois Central Railroad Company v. Lonnie Adams, Jr., et al.; Hinds Circuit Court 1st District; LC Case #: 251-04-822CIV; Ruling Date: 06/30/2005; Ruling Judge: Winston Kidd; Disposition: Petition Granted. Reversed and Remanded with Instructions. See Opinion of this Court handed down this date. Diaz and Randolph, JJ., not participating.

Illinois Central Railroad Company v. Lonnie Adams, Jr., et al.; Hinds Circuit Court 1st District; LC Case #: 251-04-822CIV; Ruling Date: 06/30/2005; Ruling Judge: Winston Kidd; Majority Opinion: Dickinson, J. Disposition: Petition Granted; Reversed and Remanded with instructions. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Carlson, J., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Mississippi Commission on Judicial Performance v. Justice Court Judge T.T.; LC Case #: 2004-156; Ruling Date: 08/25/2005; Ruling Judge: Patricia Wise; Majority Opinion: Smith, C.J. Disposition: Justice Court Judge T.T. Shall be Privately Reprimanded; Shall Set Aside and Correct Original Sentence; Shall be Assessed the Commission's Costs of $598.98 and Shall Become Familiar with In Re Bailey. Justice Court Judge T.T. taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Concurs in Part and in the Result. Diaz, J., not participating.