Hand Down Lists
March 13, 1997
Michael P. Mills, J.
XX
93-CA-00217-SCT
Box, Misty Jo v. State Farm Mutual Automobile Insurance Company
Appeal No. 38858 from Judgment dated JANUARY 29, 1993, Hinds County Circuit Court, First Judicial District; Affirmed. McRae, J., Dissents with Separate Written Opinion. Smith, J., Not Participating. Appellant is taxed with all costs of this appeal. DISPOSITION - Motion to Request Oral Argument filed by Box dismissed as moot. Order entered.
Michael P. Mills, J.
XX
94-CA-00990-SCT
Rolison, Darrin v. City of Meridian, Mississippi
Appeal No. 93CV093 from Judgment dated SEPTEMBER 01, 1994, Lauderdale County Circuit Court; Affirmed. Banks, J., Concurs in Part as to issue I only. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.
James W. Smith, J.
U
94-CA-01219-SCT
Mississippi Department of Public Safety/Mississippi Highway Safety Patrol, Captain Johnny E. Kerr, and Master Sergeant Joe Eddie McFerrin, Jointly and Severally v. Robert L. Aubuchon
Appeal No. 93252 from Judgment dated NOVEMBER 21, 1994, Lee County Circuit Court; Reversed and Rendered. Lee, C.J., and McRae, J., Concur in result only. Roberts and Mills, JJ., Not Participating. Appellee is taxed with all costs of this appeal.
Edwin Lloyd Pittman, J.
XX
93-KA-00299-SCT
Parker, Michael v. State of Mississippi
Appeal No. 7988 from Judgment dated MARCH 11, 1993, Neshoba County Circuit Court; Reversed and Remanded for proceedings not inconsistent with the Opinion of this Court. Smith, J., Dissents with Separate Written Opinion joined by Roberts and Mills, JJ. Neshoba County is taxed with all costs of this appeal.
Edwin Lloyd Pittman, J.
X
94-CA-00426-SCT
Honts, George L. a/k/a George Leroy Honts v. Bonnie L. Honts
Appeal No. 36754 from Judgment dated MAY 12, 1994, Rankin County Chancery Court; Affirmed in Part; Reversed and Rendered on the division of the joint I.R.A. Appellant and Appellee are taxed equally with all costs of this appeal.
Dan M. Lee, C.J.
X
96-CA-00122-SCT
Spalding, Betty H. v. William H. Spalding
Appeal No. 106553 from Judgment dated JANUARY 10, 1996, Harrison County Chancery Court, First Judicial District; Affirmed. McRae and Mills, JJ., Concur in result only. Appellant is taxed with all costs of this appeal.
EN BANC
XX
91-CA-00615-SCT
Merchants & Planters Bank of Raymond and H. R. "Dick" Kilby, Jr. v. Carolyn Josephine Williamson
Appeal No. G9943 from Judgment dated MAY 31, 1991, Hinds County Chancery Court, Second Judicial District; DISPOSITION - Motion for Rehearing granted. The original opinion is withdrawn and these opinions are substituted therefor. Reversed and Rendered. Prather, P.J., Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Lee, C.J., Sullivan, P.J., and Pittman, J. Appellee is taxed with all costs of this appeal. DISPOSITION - Motion of the Mississippi Bankers Association for leave to file amicus curiae brief granted. Order entered.
EN BANC
91-CA-01238-SCT
Thomas, Jr., Charlie L. and The City of Jackson, Mississippi v. L. Breland Hilburn
Appeal No. 9064259 from Judgment dated OCTOBER 15, 1991, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellee's Motion to Reconsider the denial of Appellee's Motion to Assess Interest on Judgment and Statutory Damages denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: McRae, J. Order entered.
EN BANC
92-CA-01236-SCT
Stewart, Lillie v. Southeast Foods, Inc. d/b/a Sunflower Foods Stores
Appeal No. 9112341 from Judgment dated NOVEMBER 19, 1992, Washington County Circuit Court; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., Pittman, Banks and McRae, JJ., would grant. Roberts, J., Not Participating.
EN BANC
93-CT-00219-SCT
Bates, Elizabeth a/k/a Onie E. Bates, and Bobby C. Taylor v. Lexington Insurance Company
Appeal No. 916870 from Judgment dated DECEMBER 09, 1992, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellants' Petition for Writ of Certiorari denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: McRae, J. Order entered.
EN BANC
93-KA-00228-SCT
Hull, Jackie Lee v. State of Mississippi
Appeal No. 9010224 from Judgment dated FEBRUARY 22, 1993, Sunflower County Circuit Court; DISPOSITION - On Court's own motion the mandate is amended to read as follows: "Conviction of capital rape and Sentence of twenty years, with the last ten years suspended with conditions, in the custody of the Mississippi Department of Corrections and payment of all fees and costs Affirmed. Lee, C.J., Concurs in result only. Sullivan, P.J., Dissents with Separate Written Opinion joined by McRae, J.; Banks, J., joins this opinion except for Part VI. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and Banks, J. The appellant is taxed with all costs of this appeal." Order entered.
EN BANC
U 93-CC-00481-SCT
Bio Clinic Company and Insurance Company of North America v. Robert Keith Clayton
Appeal No. 91276FPR from Judgment dated MARCH 30, 1993, Prentiss County Circuit Court; DISPOSITION - Motion for Rehearing denied. DISPOSITION - Clayton's Motion to Dismiss Motion for Rehearing and Assess Penalties denied. Lee, C.J., and McRae, J., would grant penalties. Order entered.
EN BANC
93-CA-00648-SCT
Bennett, William I. v. Ellis Trucking Company
Appeal No. 5032 from Judgment dated MAY 11, 1993, Pike County Circuit Court; DISPOSITION - Motion for Rehearing Denied. Prather, P.J., Roberts, Smith and Mills, JJ., would grant.
EN BANC
93-DP-01173-SCT
Evans, Donald Leroy v. State of Mississippi
Appeal No. 26486 from Judgment dated SEPTEMBER 18, 1993, Harrison County Circuit Court, First Judicial District; CONSOLIDATED WITH: 94-CA-00176-SCT Donald Leroy Evans v. State of Mississippi; Appeal No. 26486 from Judgment dated JANUARY 27, 1994, Harrison County Circuit Court, First Judicial District; DISPOSITION - Appellant's pro se Motion to Stay Proceedings Pending Application to the United States Supreme Court for a Writ of Certiorari denied. Order entered. DISPOSITION - Appellant's Motion to File Supplemental Brief pro se granted. Appellant is given ten (10) days within which to file a Reply Brief to the State's Response to the Appellant's pro se Supplemental Brief. Order entered.
EN BANC
XXX
94-DP-00760-SCT
Wilcher, Bobby Glen a/k/a Bobby Glenn Wilcher v. State of Mississippi
Appeal No. 3707 from Judgment dated JUNE 23, 1994, Scott County Circuit Court; On change of venue to Rankin County. Conviction of Capital Murder and Sentence of Death by Lethal Injection Affirmed. Execution date to be set within sixty days of final disposition of this case pursuant to Miss. Code Ann., Section 99-19-105(7) (1972) and M.R.A.P. 41(a). Prather, P.J., Lee, C.J., Pittman, Roberts, Smith and Mills, JJ., Concur. Sullivan, P.J., Dissents with Separate Written Opinion joined by McRae, J.; Banks, J., Dissents with Separate Written Opinion joined by Sullivan, P.J. Scott County is taxed with all costs of this appeal.
EN BANC
XXX
94-DP-00761-SCT
Wilcher, Bobby Glenn v. State of Mississippi
Appeal No. 3708 from Judgment dated JULY 21, 1994, Scott County Circuit Court; On change of venue to Harrison County. Conviction of Capital Murder and Sentence of Death by Lethal Injection Affirmed. This sentence shall be consecutive to the sentence imposed by the Circuit Court of Rankin County in Cause No. 94-DP-00760-SCT. Execution date to be set within sixty days of final disposition of this case pursuant to Miss. Code Ann., Section 99-19-105(7) (1972) and M.R.A.P. 41 (a). Prather, P.J., Lee, C.J., Pittman, Roberts, Smith and Mills, JJ., Concur. Sullivan, P.J., Dissents with Separate Written Opinion joined by McRae, J.; Banks, J., Dissents with Separate Written Opinion joined by Sullivan, P.J. Scott County is taxed with all costs of this appeal.
EN BANC
X
94-CT-01044-SCT
Hall, Jasper v. State of Mississippi
Appeal No. 9310680 from Judgment dated SEPTEMBER 15, 1994, Sunflower County Circuit Court; Affirmed. Sullivan and Prather, P.JJ., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ., Concur. Lee, C.J., Concurs in result only. Appellant is taxed with all costs of this appeal.
EN BANC
94-CT-01124-SCT
Jones, Jimmy Davis and wife, Fay Madison Jones v. Westinghouse Electric Corporation
Appeal No. 927430 from Judgment dated SEPTEMBER 13, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Jimmy Davis Jones and wife, Fay Madison Jones granted. To Grant: Sullivan, P.J., Pittman, McRae, Roberts and Mills, JJ. To Deny: Lee, C.J., Prather, P.J., and Smith, J. Not Participating: Banks, J. Order entered. DISPOSITION - Cross-Petition for Writ of Certiorari filed by Appellee/Respondent, Westinghouse Electric Corporation, denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., McRae, Roberts and Smith, JJ. To Grant: Pittman and Mills, JJ. Not Participating: Banks, J. Order entered.
EN BANC
95-DP-00407-SCT
Brown, Sherwood a/k/a Sherwood Dywane Brown v. State of Mississippi
Appeal No. CR94201 from Judgment dated APRIL 07, 1995, DeSoto County Circuit Court; DISPOSITION - Motion for Rehearing denied. Banks, J., Not Participating. DISPOSITION - Motion for Modification or Clarification of Opinion filed by the State of Mississippi denied. Order entered.
EN BANC
X
96-M-00114-SCT
In Re: Kirk Fordice, As Governor of the State of Mississippi
Appeal No. 941429 Jackson County Chancery Court; WRITTEN OPINION - Petitioner's Petition for Writ of Mandamus and Prohibition and for Declaratory Judgment and Supplemental Petition for Writ of Mandamus and Prohibition and Declaratory Judgment dismissed. Smith, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks and Roberts, JJ., Concur. McRae and Mills, JJ., Not Participating. DISPOSITION - Petitioner's Motion for Judicial Notice and/or Supplementation of the Record denied. McRae and Mills, JJ., Not Participating. Order entered.
EN BANC
XX
96-M-00115-SCT
In Re: Corr-Williams Tobacco Company, Laurel Cigar & Tobacco Company, Long Wholesale, Incorporated, Wigley & Culp, Inc. of Gulfport, Mississippi, The Lewis Bear Company, Generic Products Corporation, The American Tobacco Company, R. J. Reynolds Tobacco Co
Appeal No. 941429 Jackson County Chancery Court; WRITTEN OPINION - Petitioners' Petition for Writ of Prohibition and/or Mandamus and Supplemental Petition for Writ of Prohibition and/or Mandamus dismissed. Smith, J., Prather and Sullivan, P.JJ., Pittman, Banks and Roberts, JJ., Concur. Dan Lee, C.J., Dissents with Separate Written Opinion. McRae and Mills, JJ., Not Participating. DISPOSITION - Petitioners' Motion to Strike Motion for Judicial Notice and Letter dated July 30, 1996, Submitting Supplemental Authority; or in the Alternative, Allow Further Briefing of Pertinent Issues dismissed as moot. McRae and Mills, JJ., Not Participating. Order entered. DISPOSITION - Petitioners' Motion for Judicial Notice denied. McRae and Mills, JJ., Not Participating. Order entered. DISPOSITION - Petitioners' Second Motion for Judicial Notice denied. McRae and Mills, JJ., Not Participating. Order entered.
EN BANC
96-FC-00482-SCT
Crowe, John David v. Brasfield & Gorrie General Contractor, Inc. and Fabarc Steel Supply, Inc.
Appeal No. 94123 from Judgment dated JANUARY 17, 1995, Fifth Circuit Court of Appeals; DISPOSITION - Motion for Rehearing denied. Sullivan, P.J., Pittman, Banks and McRae, JJ., would grant.
EN BANC
X
96-BR-00909-SCT
In Re: Petition of Bob L. McHann for Reinstatement of His License to Practice Law in the State of Mississippi
Appeal No. 91BA29 from Judgment dated MARCH 18, 1993, Supreme Court; Bob L. McHann's Petition for Reinstatement to the Mississippi Bar is granted subject to his earning a passing score on the examinations required by Rule 12.5, Rules of Discipline for the Mississippi State Bar. Banks, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, McRae, Roberts, Smith and Mills, JJ., Concur. Petitioner is taxed with all costs of this appeal.