03/25/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, James W.
X  2002-IA-01961-SCT

United States Fidelity & Guaranty Company and City of Meridian, Mississippi v. Richard K. Moss; Hinds Circuit Court 1st District; LC Case #: 251-01-1314CIV; Ruling Date: 11/01/2002; Ruling Judge: Winston Kidd; Majority Opinion: Smith, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Waller, P.J., Cobb, Easley and Dickinson, JJ., Concur. Graves, J., Concurs in Result only. Diaz and Carlson, JJ., not participating.

Charles Ray Crawford v. State of Mississippi; Tippah Circuit Court; LC Case #: TK93013; Ruling Date: 04/23/1994; Ruling Judge: R. Coleman; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Wayne General Hospital, Cirila Reyes, M.D., R. Kelvin Sherman, M.D., and William E. Powell, M.D. v. Wanda Hayes, Individually and as Next Friend and Natural Guardian of LaTarius Hayes, a Minor on behalf of all who are entitled to recover under the wrongful death and survival statute for the death of Wa'Landra Mesha Hayes, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-00-314-CIV; Ruling Date: 02/05/2001; Ruling Judge: James Graves, Jr.; Disposition: The motion for rehearing filed by appellee is denied. The previous opinions of this Court are withdrawn and this opinion is substituted therefor. Reversed and Remanded. Easley, J., would grant. Diaz and Graves, JJ., not participating.

Wayne General Hospital, Cirila Reyes, M.D., R. Kelvin Sherman, M.D., and William E. Powell, M.D. v. Wanda Hayes, Individually and as Next Friend and Natural Guardian of LaTarius Hayes, a Minor on behalf of all who are entitled to recover under the wrongful death and survival statute for the death of Wa'Landra Mesha Hayes, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-00-314-CIV; Ruling Date: 02/05/2001; Ruling Judge: James Graves, Jr.; Majority Opinion: Smith, P.J. Disposition: The motion for rehearing filed by appellee is denied. The previous opinions of this Court are withdrawn and this opinion is substituted therefor. Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Waller, P.J., Cobb, Carlson and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

Kay T. Nunnally, Individually and on Behalf of All Wrongful Death Beneficiaries of Joseph Lee Nunnally, Deceased v. R. J. Reynolds Tobacco Company; DeSoto Circuit Court; LC Case #: CV 92-270- CD06252001; Ruling Date: 07/12/2000; Ruling Judge: George Carlson, Jr.; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Waller, P.J., Cobb and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents With Separate Written Opinion. Diaz and Carlson, JJ., not participating. Dissenting Opinion: Easley, J.

William Lewis Gaskin v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,680(2); Ruling Date: 05/31/2001; Ruling Judge: Kathy Jackson; Majority Opinion: Smith, P.J. Disposition: Affirmed. Jackson County taxed with costs of appeal. Votes: Waller, P.J., Cobb, Easley, Carlson and Dickinson, JJ., Concur. Pittman, C.J., Concurs in Part and in the Result Without Separate Written Opinion. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Chokwe Lumumba v. State of Mississippi; Leake Circuit Court; LC Case #: 8474; Ruling Date: 10/17/2001; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed by counsel for Chokwe Lumumba 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.

Victor Lorell Harris, a Minor by and through his Mother and Next Friend, Betty Jean Harris, and Acting Individually v. Willie McCray and the Jefferson County School District; Jefferson Circuit Court; LC Case #: 96-0022; Ruling Date: 04/09/2001; Ruling Judge: Lamar Pickard; Disposition: Motion for rehearing filed by appellants is denied. Diaz, J., not participating.

Darrell Swindle v. State of Mississippi; Pearl River Circuit Court; LC Case #: 2001-0145; Ruling Date: 07/27/2001; Ruling Judge: Keith Starrett; Disposition: The petition for writ of certiorari was granted in this matter on March 11, 2004. The order granting that petition incorrectly recited that the petition was filed pro se by Darrell Swindle. The order should have recited that the petition was filed by the State of Mississippi. This corrected order is issued in its place. Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith and Waller, P.JJ., Cobb, Carlson and Dickinson, JJ. To Deny: Pittman, C.J., Easley and Graves, JJ. Not Participating: Diaz, J. Corrected Order entered.

Superior Car Rental, Inc., Mike Bonfiglio and Real Cash for Titles, Inc. v. Elizabeth R. Roberts, Richard D. Roberts and Southern Automotive Products, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-98-1291; Ruling Date: 09/18/2001; Ruling Judge: Tomie Green; Consolidated with 2002-TS-01346 Superior Car Rental, Inc., Mike Bonfiglio and Real Cash for Titles, Inc. v. Elizabeth R. Roberts, Richard D. Roberts and Southern Automotive Products, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-98-1291-CIV; Ruling Date: 07/16/2002; Ruling Judge: Tomie Green; Disposition: Appellees' Motion to Assess Statutory Damages is granted. The statutory penalty of fifteen percent of the judgment is hereby assessed against the appellants. The mandate shall be amended to read as follows: "The appeal is dismissed upon entry of this order. All costs of the appeal are assessed to appellants. Statutory penalty assessed against the appellants. Order entered." The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition). Diaz, J., not participating. Order entered.

Obbie Bernard Murphy v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-00-00054; Ruling Date: 07/26/2001; Ruling Judge: Kosta Vlahos; Disposition: Petition for writ of certiorari filed by Obbie Bernard Murphy 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.

George R. Rogers a/k/a George E. Rogers v. Riccardo Rausa; Hinds Circuit Court 1st District; LC Case #: 251-98-911-CIV; Ruling Date: 07/26/2001; Ruling Judge: Tomie Green; Disposition: On the Court's own motion and by the Court's authority pursuant to 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 George Rogers is extended until April 29, 2004. A final decision on whether to grant or deny the petition should be entered on or before April 29, 2004. Order entered.

Walter W. Eckman, M.D. and Aurora Spine Centers-Mississippi, Inc. v. Linda Michelle Moore, Individually, and for and on Behalf of the Wrongful Death Beneficiaries of Jason Taylor Moore, Deceased; Lee Circuit Court; LC Case #: 00-0174(B)L; Ruling Date: 03/04/2002; Ruling Judge: Richard Bowen; Disposition: On the Court's own motion, the following language shall be stricken from the motion for rehearing filed by the appellants: The sentence on page 4, lines 7-9, beginning with "It" and ending with "anticipated;" the clause on page 6, lines 8-10, beginning with "majority's" and ending with "impartiality;" the sentence on page 7, lines 17-18 and page 8, line 1, beginning with "In" and ending with "question;" the clause on page 8, line 19, beginning with "the" and ending with "rights;" the clause on page 11, line 8, beginning with "It" and ending with "law;" the sentence on page 12, line 22 and page 13, line 1, beginning with "Had" and ending with "inescapable;" and the sentence on page 16, lines 12-14, beginning with "In" and ending with "process." The parties submitting the offending language are advised that this Court is not without options for violations of M.R.A.P. 40(c), including appropriate sanctions, which this Court will not hesitate to impose for future violations. Not Participating: Diaz, J. Order entered.

Walter W. Eckman, M.D. and Aurora Spine Centers-Mississippi, Inc. v. Linda Michelle Moore, Individually, and for and on Behalf of the Wrongful Death Beneficiaries of Jason Taylor Moore, Deceased; Lee Circuit Court; LC Case #: 00-0174(B)L; Ruling Date: 03/04/2002; Ruling Judge: Richard Bowen; Disposition: The motion for rehearing filed by appellants is granted. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. Easley, J., would deny. Diaz and Graves, JJ., not participating.

Walter W. Eckman, M.D. and Aurora Spine Centers-Mississippi, Inc. v. Linda Michelle Moore, Individually, and for and on Behalf of the Wrongful Death Beneficiaries of Jason Taylor Moore, Deceased; Lee Circuit Court; LC Case #: 00-0174(B)L; Ruling Date: 03/04/2002; Ruling Judge: Richard Bowen; Majority Opinion: Carlson, J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith and Waller, P.JJ., Cobb and Dickinson, JJ., Concur. Easley, J., Dissents With Separate Written Opinion. Diaz and Graves, JJ., not participating. Dissenting Opinion: Easley, J.

Anita H. Linton and Husband, Harley Linton v. Frank L. Cross and Fredna S. Cross; Lauderdale Chancery Court; LC Case #: 99-950-M; Ruling Date: 02/01/2002; Ruling Judge: Jerry Mason; 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 Anita H. Linton and husband, Harley Linton is extended until April 29, 2004. A final decision on whether to grant or deny the petition should be entered on or before April 29, 2004. Order entered.

Gloria Partlow, Personal Representative of The Heirs of The Estate of Sonya L. Partlow, Deceased v. Rickey McDonald; Lee Circuit Court; LC Case #: 98-231(G)(L); Ruling Date: 05/01/2002; Ruling Judge: Thomas Gardner, III; 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 Gloria Partlow 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.

Chaddrick Brown v. State of Mississippi; Rankin Circuit Court; LC Case #: 11056; Ruling Date: 07/22/1999; Ruling Judge: John Kitchens; Disposition: Petition for writ of certiorari filed by counsel for Chaddrick Brown 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.

Columbia Land Development, LLC, Columbia Marketplace, Ltd and Columbia Golf Resort & Casino Corporation v. The Secretary of State of the State of Mississippi, Eric Clark; Harrison Chancery Court 1st District; LC Case #: 97-00128; Ruling Date: 11/14/2001; Ruling Judge: Thomas Teel; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith and Waller, P.JJ., Cobb and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

North Mississippi Medical Center, Inc., North Mississippi Health Services, Inc. and Radiology of North Mississippi, P.A. v. Mississippi State Department of Health and Medical Imaging and Diagnostics, LLC; Hinds Chancery Court 1st District; LC Case #: G-2002-1988 R/1; Ruling Date: 01/21/2003; Ruling Judge: Stuart Robinson; Disposition: Joint Motion for Voluntary Dismissal is granted. The appeal of this matter shall be dismissed upon entry of this order with costs and attorneys' fees assessed to appellants. Diaz, J., not participating. Dickinson, J., for the Court. Order entered.

Thomas F. Cameron, III v. The Mississippi Republican Party and Its State Executive Committee, and James Herring, in His Official Capacity as Party Chairman, Eugene Clarke, Individually, and Stephen Nick, Individually; Hinds Circuit Court 1st District; LC Case #: 251-03-453 CIV; Ruling Date: 05/07/2003; Ruling Judge: Edward Patten, Jr.; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith and Waller, P.JJ. Cobb and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

Lionheart Development, LLC and John Doe & Associates, PLLC v. Minor Child by and through his next friends John and Jane Doe parents and John and Jane Doe Parents, individually; Hinds Circuit Court 1st District; LC Case #: 251-02-1733CIV; Ruling Date: 12/11/2003; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal filed by petitioners is treated as a request for relief under M.R.A.P. 21 and is granted. Pursuant to Uniform Rule of Circuit and County Court Practice 1.05A, cause no. 251-02-1733CIV is ordered to be resubmitted to the circuit clerk for assignment to Judge Swan Yerger. Emergency Petition for Order Staying Circuit Court Proceedings filed by Petitioners is granted. Motion to Withdraw Joinder filed by John Doe Attorney, Individually, is granted. Easley and Graves, JJ., would deny. Diaz, J., not participating. Order entered.

Lionheart Development, LLC and John Doe & Associates, PLLC v. Minor Child by and through his next friends John and Jane Doe parents and John and Jane Doe Parents, individually; Hinds Circuit Court 1st District; LC Case #: 251-02-1733CIV; Ruling Date: 12/11/2003; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal filed by petitioners is treated as a request for relief under M.R.A.P. 21 and is granted. Pursuant to Uniform Rule of Circuit and County Court Practice 1.05A, cause no. 251-02-1733CIV is ordered to be resubmitted to the circuit clerk for assignment to Judge Swan Yerger. Emergency Petition for Order Staying Circuit Court Proceedings filed by Petitioners is granted. Motion to Withdraw Joinder filed by John Doe Attorney, Individually, is granted. Easley and Graves, JJ., would deny. Diaz, J., not participating. Order entered.

The Mississippi Bar v. William S. Montgomery; Disposition: On the Court's own motion, The Mississippi Bar is directed to show good cause, within 15 days of the entry of this order, why service of process has not been effected on William S. Montgomery 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.