03/06/2003 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
XX  2001-CA-01404-SCT

T.T.W. a/k/a B.W. v. C.C. and J.C.; Harrison Chancery Court 1st District; LC Case #: 00-02468; Ruling Date: 08/08/2001; Ruling Judge: Margaret Alfonso; Majority Opinion: Waller, J. Disposition: Vacated and Remanded. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Diaz, Carlson and Graves, JJ., Concur. Easley, J., Concurs in Result Only. McRae, P.J., Dissents With Separate Written Opinion. Dissenting Opinion: McRae, P.J.

Joel Price Tollison v. Shannon Michelle Lewis Tollison; Lafayette Chancery Court; LC Case #: 2001-172; Ruling Date: 10/31/2001; Ruling Judge: Glenn Alderson; Majority Opinion: Smith, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only.

Paul Everette Woodward v. State of Mississippi; Perry Circuit Court; LC Case #: 3789; Ruling Date: 09/20/1995; Ruling Judge: Richard McKenzie; Majority Opinion: Easley, J. Disposition: Petitions for Post-Conviction Collateral Relief, Denied. Perry County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Carlson and Graves, JJ., Concur. McRae, P.J., not participating.

Stephen Virgil McGilberry v. State of Mississippi; Jackson Circuit Court; LC Case #: 9410614; Ruling Date: 02/12/1996; Ruling Judge: James Backstrom; Disposition: Motions to Amend and Supplement the Petitions for Post-Conviction Relief filed by the petitioner are granted. Order entered.

Stephen Virgil McGilberry v. State of Mississippi; Jackson Circuit Court; LC Case #: 9410614; Ruling Date: 02/12/1996; Ruling Judge: James Backstrom; Majority Opinion: Waller, J. Disposition: Petitions for Post-Conviction Collateral Relief, Denied. Jackson County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion.

AmSouth Bank f/k/a Deposit Guaranty National Bank v. Krishan K. Gupta and Rishi Enterprises, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-98-575; Ruling Date: 06/30/2000; Ruling Judge: James Graves, Jr.; Disposition: Motion for rehearing filed by AmSouth Bank, appellant, is denied. Diaz, J., would grant. Carlson and Graves, JJ., not participating.

AmSouth Bank f/k/a Deposit Guaranty National Bank v. Krishan K. Gupta and Rishi Enterprises, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-98-575; Ruling Date: 06/30/2000; Ruling Judge: James Graves, Jr.; Disposition: Motion for rehearing filed by Krishan K. Gupta and Rishi Enterprises, Inc., appellees, is denied. McRae, P.J., and Diaz, J., would grant. Carlson and Graves, JJ., not participating.

In Re: Edward A. Williamson and Michael J. Miller; Leflore Circuit Court; LC Case #: 20-0042CI; Ruling Date: 09/12/2000; Ruling Judge: W. Hines; Consolidated with 2001-CA-00578-SCT In Re: Edward A. Williamson and Michael J. Miller; Leflore Circuit Court; LC Case #: 20-0042CI; Ruling Date: 12/06/2000; Ruling Judge: W. Hines; Disposition: Motion for rehearing filed by counsel for Edward A. Williamson and Michael J. Miller is denied. McRae, P.J., Diaz, Easley and Graves, JJ., would grant.

Dottie P. Dodson v. Singing River Hospital System and Singing River Hospital; Jackson Circuit Court; LC Case #: CI-990027(3); Ruling Date: 04/09/2001; Ruling Judge: Dale Harkey; Disposition: Motion to Correct and/or Modify Opinion Pursuant to M.R.A.P. 40 filed by Judge Dale Harkey is granted. See Opinion of this Court handed down this date.

Dottie P. Dodson v. Singing River Hospital System and Singing River Hospital; Jackson Circuit Court; LC Case #: CI-990027(3); Ruling Date: 04/09/2001; Ruling Judge: Dale Harkey; Majority Opinion: Waller, J. Disposition: This Court's prior opinion is withdrawn, and this opinion is substituted therefor. Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ., Concur. Diaz, J., Concurs in Result Only. McRae, P.J., and Easley, J., Dissent Without Separate Written Opinion. Graves, J., not participating.

Louis Rene Carite, Jr. v. Barbara Carite; Hinds Chancery Court 1st District; LC Case #: 142,863 R/1; Ruling Date: 04/25/2001; Ruling Judge: Stuart Robinson; 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 Louis Rene Carite, Jr., is extended until April 16, 2003. A final decision on whether to grant or deny the petition shall be entered on or before April 16, 2003. Order entered.

Shirley Annette Pinnell v. Patsy Bates; Jefferson Davis Circuit Court; LC Case #: 99-0090; Ruling Date: 05/04/2001; Ruling Judge: R. Prichard, III; Disposition: Motion for Rehearing filed by appellee is denied. McRae, P.J., Diaz and Graves, JJ., would grant.

Stoney Frank Stewart v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 735-99; Ruling Date: 04/25/2001; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed by Stoney Frank Stewart is denied. To Deny: All Justices. Order entered.

Raytheon Aerospace Support Services and Liberty Mutual Insurance Company v. Ora Miller; Lowndes Circuit Court; LC Case #: 2000-0098-CV1; Ruling Date: 06/01/2001; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Raytheon Aerospace Support Services and Liberty Mutual Insurance Company is granted. To Grant: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb and Carlson, JJ. To Deny: Diaz, Easley and Graves, JJ. Order entered.

Compere's Nursing Home and Mississippi Health Care Association v. Willie Jean Hamlehdary; Hinds Circuit Court 1st District; LC Case #: 251-00-292; Ruling Date: 05/26/2001; Ruling Judge: James Graves, 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 Compere's Nursing Home and Mississippi Health Care Association is extended until March 28, 2003. A final decision on whether to grant or deny the petition shall be entered on or before March 28, 2003. Order entered.

Stephanie (Sadler) McMurry v. William Sadler; Neshoba Chancery Court; LC Case #: 15,424; Ruling Date: 08/24/2001; Ruling Judge: Edward Prisock; 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 Stephanie McMurry 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.

Robert Lester Cox v. State of Mississippi; Tallahatchie Circuit Court 1st District; LC Case #: CR-2000-8-CTI; Ruling Date: 06/08/2001; Ruling Judge: George Carlson, Jr.; Disposition: Appellant's Motion to Appoint Additional Justice is denied. McRae, P.J., would grant. Order entered.

Mercury Marine, a Division of Brunswick Corporation v. Clear River Construction Co., Inc.; Rankin Circuit Court; LC Case #: 2001-136; Ruling Date: 11/14/2001; Ruling Judge: William Chapman, III; Majority Opinion: Waller, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. McRae, P.J., Dissents With Separate Written Opinion, Joined by Diaz and Easley, JJ. Dissenting Opinion: McRae, P.J. Votes: Diaz and Easley, JJ., Join This Opinion.

W. G. Yates & Sons Construction Company and Richard Dean v. Bonnie Brock; Hinds Circuit Court 1st District; LC Case #: 251-01-897 CIV; Ruling Date: 02/25/2003; Ruling Judge: Winston Kidd; Disposition: Petition for Permission for Certification of Interlocutory Order for Appeal filed by W. G. Yates & Sons Construction Company and Richard Dean is denied. Motion to Expedite Appellants' Petition is dismissed as moot. To Deny: Pittman, C.J., McRae, P.J., Waller, Easley, Carlson and Graves, JJ. To Grant: Smith, P.J., and Cobb, J. Not Participating: Diaz, J. Order entered.

W. G. Yates & Sons Construction Company and Richard Dean v. Bonnie Brock; Hinds Circuit Court 1st District; LC Case #: 251-01-897 CIV; Ruling Date: 02/25/2003; Ruling Judge: Winston Kidd; Disposition: Petition for Permission for Certification of Interlocutory Order for Appeal filed by W. G. Yates & Sons Construction Company and Richard Dean is denied. Motion to Expedite Appellants' Petition is dismissed as moot. To Deny: Pittman, C.J., McRae, P.J., Waller, Easley, Carlson and Graves, JJ. To Grant: Smith, P.J., and Cobb, J. Not Participating: Diaz, J. Order entered.