03/18/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2003-CA-00050-SCT

R. N. Turnbow Oil Investments v. Mrs. Maurice T. McIntosh, Grace Fulghum, Ann Fagan Tolbert, Walter Fagan, III; Covington Chancery Court; LC Case #: 01-237; Ruling Date: 12/13/2002; Ruling Judge: J. Buffington; Majority Opinion: Dickinson, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Smith and Waller, P.JJ., Easley, Carlson and Graves, JJ., Concur. Cobb, J., Concurs in Result Only. Diaz, J., not participating.

PHE, Inc. d/b/a Adam & Eve, Inc., ZJ Gifts, LLC d/b/a Christal's, Jim Hillegas, Mike Miller and Jane Doe v. State of Mississippi and Jim Hood, in His Official Capacity as the Attorney General of the State of Mississippi; Hinds Chancery Court 1st District; LC Case #: G-2001-1923; Ruling Date: 03/07/2003; Ruling Judge: William Singletary; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Easley and Carlson, JJ., Concur. Graves and Dickinson, JJ., Concur in Result Only. Diaz, J., not participating.

The Public Employees' Retirement System v. John P. Freeman; Hinds Circuit Court 1st District; LC Case #: 251-99-0913-CIV; Ruling Date: 07/29/2002; Ruling Judge: Tomie Green; Majority Opinion: Smith, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Waller, P.J., Cobb, Carlson, Graves and Dickinson, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

In Re: Local Rules; Disposition: The order of the County Court of Rankin County, Mississippi, attached as Exhibit "A" to this order is approved as a local rule of that court. The Clerk of the Supreme Court shall spread this order on the minutes of the Court and shall forthwith forward a true certified copy of this order to West Publishing Company for inclusion in the Southern Reporter, Second Series (Mississippi Edition). Diaz, J., not participating. Order entered.

In Re: Local Rules; Disposition: The Order Directing Assignment of Cases issued by the Chancellors of the Sixteenth Chancery Court District, appearing as Exhibit "A" to this order, is approved as a local rule for that district. The Clerk of the Supreme Court shall spread this order on the minutes of the Court and shall forthwith forward a true certified copy of this order to West Publishing Company for inclusion in the Southern Reporter, Second Series (Mississippi Edition). Diaz, J., not participating. Order entered.

Owens Corning v. R. J. Reynolds Tobacco Company; British American Tobacco (Investments) Limited, f/k/a British American Tobacco Company Limited; Brown & Williamson Tobacco Corporation, Individually and as Successor by Merger to the American Tobacco Company; Philip Morris USA Inc., f/k/a Philip Morris Incorporated; Altria Group, Inc., f/k/a Philip Morris Companies, Inc.; Liggett Group, Inc.; Liggett & Myers, Inc.; Lorillard Tobacco Company; BATUS Holdings, Inc., f/k/a BATUS, Inc.; RJR Nabisco, Inc.; Brooke Group, Ltd.; American Brands; Fortune Brands, Inc.; Loews Corporation; Council for Tobacco Research-U.S.A, Inc., f/k/a The Tobacco Industry Research Committee; and The Tobacco Institute, Inc.; Jefferson Circuit Court; LC Case #: 96-0065; Ruling Date: 07/17/2001; Ruling Judge: Lamar Pickard; Majority Opinion: Cobb, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Carlson and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Waller, P.J., Diaz and Graves, JJ., not participating.

Rebecca L. Jackson and Gary Jackson v. State Farm Mutual Automobile Insurance Company; Pearl River Circuit Court; LC Case #: 98-0023; Ruling Date: 10/12/2001; Ruling Judge: Michael Eubanks; 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 State Farm Mutual Automobile Insurance Company is extended until April 30, 2004. A final decision on whether to grant or deny the petition shall be entered on or before April 30, 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: Petition for writ of certiorari filed by counsel for Russell D. Williams is denied. To Deny: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Dr. Patricia Black v. Dr. S. L. Ansah, Individually and in His Official Capacity as Interim Director of the Department of Education at Mississippi Valley State University; Billy C. Hawkins, Individually and in His Official Capacity as Assistant Vice President and Provost of Mississippi Valley State University; Dr. Lester C. Newman, Individually and in His Official Capacity as President and Chief Executive Officer of Mississippi Valley State University; Mississippi Valley State University, Dr.Thomas D. Layzell, in His Official Capacity as Commissioner of the Board of Trustees of State Institutions of Higher Learning; Thomas W. Colbert, William S. Crawford, Ricki Garrett, J. Roy Klumb, Dr. D. E. Magee, Jr., Virginia Shanteau Newton, Dr. L. Stacy Davidson, Jr., Bryce Griffis, Dr. Bettye H. Neely, Scott Ross, Amy D. Whitten and Carl Nicholson, Jr., in Their Official Capacities as Members of the Board of Trustees of State Institutions of Higher Learning; Leflore Circuit Court; LC Case #: 2001-0045CI; Ruling Date: 11/07/2001; Ruling Judge: W. Hines; 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 Dr. Patricia Black is extended until May 14, 2004. A final decision on whether to grant or deny the petition shall be entered on or before May 14, 2004. Order entered.

Raymond Helton Friley, Jr. v. State of Mississippi; Warren Circuit Court; LC Case #: 00-0150-CR-P; Ruling Date: 01/17/2001; Ruling Judge: Isadore Patrick, 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 the State of Mississippi is extended until April 23, 2004. A final decision on whether to grant or deny the petition shall be entered on or before April 23, 2004. Order entered.

Andre Lenoir v. State of Mississippi; Lincoln Circuit Court; LC Case #: 00-006KS; Ruling Date: 10/02/2000; Ruling Judge: Keith Starrett; Disposition: Motion to Expedite filed by Andre Lenoir is dismissed as moot. Petition for writ of certiorari filed pro se by Andre Lenoir is denied. To Deny: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Andre Lenoir v. State of Mississippi; Lincoln Circuit Court; LC Case #: 00-006KS; Ruling Date: 10/02/2000; Ruling Judge: Keith Starrett; Disposition: Motion to Expedite filed by Andre Lenoir is dismissed as moot. Petition for writ of certiorari filed pro se by Andre Lenoir is denied. To Deny: Pittman, C.J., Smith and Waller, P.JJ., Cobb, Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Norma Hensley, Garaldine Clayton and Henry Harris v. Ricky Harris, Individually, and as Executor of the Estate of Cecil Harris, and David L. Harris, Individually; Benton Chancery Court; LC Case #: 2000-64; Ruling Date: 03/06/2002; Ruling Judge: Glenn Alderson; 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 Norma Hensley, et al., is extended until April 29, 2004. A final decision on whether to grant or deny the petition shall be entered on or before April 29, 2004. Order entered.

Peggy Sloan Starns v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 283-01; Ruling Date: 04/20/2002; Ruling Judge: Larry Roberts; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Benny Joe Stevens v. State of Mississippi; Marion Circuit Court; LC Case #: K99-0001; Ruling Date: 12/04/1999; Ruling Judge: Michael Eubanks; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

The Mississippi Bar v. Winthrop G. Gardner; Disposition: On the Court's own motion, The Mississippi Bar is directed to show good cause, within 15 days of this order, why service of process has not been effected on Winthrop G. Gardner in this matter and why this matter should not be dismissed without prejudice as provided in Miss. R.Civ. P. 4(h). Show Cause Order entered.

In Re: Mississippi United Methodist Conference, Petitioner; Hinds Circuit Court 1st District; LC Case #: 251-02-1027CIV; Ruling Judge: Tomie Green; Disposition: Emergency Petition of Mississippi United Methodist Conference for Writ of Prohibition and/or Mandamus, or in the Alternative, for Certification for Interlocutory Appeal, and for Stay of State Court Action Pending Appeal and for Other Relief is granted as to the petition for interlocutory appeal. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of the Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. The provisions of the previous order entered on November 24, 2003, not inconsistent with those herein shall remain in full force and effect. Easley, J., would deny. Diaz, J., not participating. Order entered.