03/29/2007 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2004-CA-01145-SCT

H.S. Stanley, Jr., Chapter 7 Trustee for the Bankruptcy Estate of Gulfport Pilots Association, Inc., as substituted for Michael Kopszywa v. Mississippi State Pilots of Gulfport, Inc., Murrell W. Hinton, Jr., Stanley Fournier, Jr. and Thomas Gibson; Harrison Chancery Court 1st District; LC Case #: 97-01861-4; Ruling Date: 05/07/2004; Ruling Judge: Carter Bise; Disposition: Motion for rehearing filed by counsel for appellees is denied. Smith, C.J., not participating.

In the Matter of The Estate of Alvarado H. Kelly, Deceased: William Kelly v. Sarah D. Cuevas; Hancock Chancery Court; LC Case #: 2000-882; Ruling Date: 12/02/2004; Ruling Judge: Margaret Alfonso; Disposition: Motion for rehearing filed by counsel for appellant is denied. Waller, P.J., Diaz and Graves, JJ., would grant.

Lebarron Emon Chatman v. State of Mississippi; Jackson Circuit Court; LC Case #: CR2002-10,769; Ruling Date: 07/28/2004; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed pro se by LeBarron Emon Chatman is denied. To Deny: All Justices. Order entered.

Patricia Flowers v. Public Employees' Retirement System; Hinds Circuit Court 1st District; LC Case #: 251-01-1323; Ruling Date: 01/18/2005; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for the appellant was granted by this Court on February 15, 2007. On the sua sponte motion of the Court, the petition for writ of certiorari is dismissed as improvidently granted. Easley and Graves, JJ., would not dismiss. Cobb, P.J., not participating. Waller, P.J., for the Court. Order entered.

Illinois Central Railroad Company v. Milton McDaniel and Bettye C. McWilliams, Executrix of the Estate of Larry McWilliams, Deceased AND Kelly C. Robinson v. Illinois Central Railroad Company; Jefferson Circuit Court; LC Case #: 2000-100; Ruling Date: 12/08/2004; Ruling Judge: Lamar Pickard; Disposition: Motion of Appellees Milton McDaniel and Bettye C. McWilliams for Addition of Interest, Statutory Penalty and Costs is denied. Renewal of Motion for Addition of Interest and for Immediate Issuance of Mandate is denied. Motion for Stay of Issuance of the Mandate Pending Application for Certiorari is dismissed as moot. Motion for Issuance of Mandate as to Appellee Bettye C. McWilliams, Executrix, is dismissed as moot. Easley, J., would grant. Graves and Randolph, JJ., not participating. Order entered.

Illinois Central Railroad Company v. Milton McDaniel and Bettye C. McWilliams, Executrix of the Estate of Larry McWilliams, Deceased AND Kelly C. Robinson v. Illinois Central Railroad Company; Jefferson Circuit Court; LC Case #: 2000-100; Ruling Date: 12/08/2004; Ruling Judge: Lamar Pickard; Disposition: Motion of Appellees Milton McDaniel and Bettye C. McWilliams for Addition of Interest, Statutory Penalty and Costs is denied. Renewal of Motion for Addition of Interest and for Immediate Issuance of Mandate is denied. Motion for Stay of Issuance of the Mandate Pending Application for Certiorari is dismissed as moot. Motion for Issuance of Mandate as to Appellee Bettye C. McWilliams, Executrix, is dismissed as moot. Easley, J., would grant. Graves and Randolph, JJ., not participating. Order entered.

Robert H. Williams and any unknown Heirs-at-Law of Travis and Florence Williams v. The Estate of John Horace Williams, Deceased, by Gloria Fairley, Executrix; Stone Chancery Court; LC Case #: C6601 02-0234-1; Ruling Date: 02/25/2005; Ruling Judge: James Persons; Disposition: Petition for writ of certiorari filed by counsel for Robert H. Williams is denied. To Deny: All Justices. Order entered.

Heracles Geroyannis, M.D. v. Deborah Adkinson and Patricia Finney, Individually and as Survivors and Beneficiaries of Doris W. O'Rourke, Deceased, Under the Mississippi Wrongful Death Statute; Harrison Circuit Court 1st District; LC Case #: A2401-2004-100; Ruling Date: 04/15/2005; Ruling Judge: Stephen Simpson; Disposition: Motion for rehearing filed by counsel for appellant is denied. Randolph, J., not participating.

Manda Griffin, Individually and as a Wrongful Death Beneficiary, and on Behalf of All Other Wrongful Death Beneficiaries of Gracie M. Stephens, Deceased v. Terry Pinson, M.D.; Lee Circuit Court; LC Case #: CV01-207(R)L; Ruling Date: 06/01/2005; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed by counsel for Manda Griffin is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Grant: Diaz, Easley and Graves, JJ. Order entered.

James Emory Garner v. State of Mississippi; Lee Circuit Court; LC Case #: CV04-162(PF)L; Ruling Date: 12/20/2004; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed pro se by James Emory Garner is dismissed as untimely filed. To Dismiss: Smith, C.J., Waller, P.J., Easley, Carlson and Randolph, JJ. To Deny: Cobb, P.J., Diaz and Graves, JJ. Not Participating: Dickinson, J. Order entered.

Mississippi Commission on Judicial Performance v. Bruce Roberts; LC Case #: 2005-037; Ruling Date: 06/16/2006; Ruling Judge: Patricia Wise; Disposition: Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance filed pro se by Bruce Roberts is granted. See Opinion of this Court handed down this date. Diaz, J., not participating.

Mississippi Commission on Judicial Performance v. Bruce Roberts; LC Case #: 2005-037; Ruling Date: 06/16/2006; Ruling Judge: Patricia Wise; Majority Opinion: Graves, J. Disposition: Judge Bruce Roberts, Justice Court Judge for Harrison County shall be Publicly Reprimanded, Suspended for Thirty (30) days without pay, fined $1,500 and assessed costs of $100. Bruce Roberts taxed with costs of appeal. Votes: Smith, C.J., Easley and Dickinson, JJ., Concur. Waller, P.J., Concurs in Part and in Result. Cobb, P.J., Concurs in Result Only. Carlson, J., Concurs in Part and in Result With Separate Written Opinion Joined by Waller and Cobb, P.JJ., and Randolph, J. Diaz, J., not participating. Concurring in Part and in the Result Opinion: Carlson, J. Votes: Waller and Cobb, P.JJ., and Randolph, J., Join This Opinion.

Bear Creek Fisheries, Inc. v. Mississippi State University ; Washington Circuit Court; LC Case #: 2005-253; Ruling Date: 01/11/2007; Ruling Judge: Richard Smith; Disposition: Petition for Interlocutory Appeal filed by counsel for Bear Creek Fisheries, Inc., is granted. All costs of this appeal shall be taxed to the respondent and are due and payable to the Clerk of this Court. The January 12, 2007, order of the Washington County Circuit Court, which granted Mississippi State University's motion to compel arbitration is reversed. This matter is remanded to the Washington County Circuit Court for further proceedings. To Grant and Render Pursuant to M.R.A.P. 5(e): Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Diaz and Graves, JJ. Waller, P.J., for the Court. Order entered.

Clinton Scott McNeil v. State of Mississippi; Clarke Circuit Court; LC Case #: 2005-56; Ruling Judge: Robert Bailey; Disposition: The stay entered by this Court on February 15, 2007, is hereby lifted. Emergency Petition for Interlocutory Appeal and Stay of Lower Court Proceedings filed by counsel for Clinton Scott McNeil is denied. Petition for Emergency Stay of Proceedings filed by counsel for Clinton Scott McNeil is dismissed as moot. Petitioner's Motion for Leave to Supplement Petition for Interlocutory Appeal filed by counsel for Clinton Scott McNeil is denied. The Petitioner's Supplement to Petition for Interlocutory Appeal is dismissed. Diaz and Easley, JJ., would grant. Order entered.

Clinton Scott McNeil v. State of Mississippi; Clarke Circuit Court; LC Case #: 2005-56; Ruling Judge: Robert Bailey; Disposition: The stay entered by this Court on February 15, 2007, is hereby lifted. Emergency Petition for Interlocutory Appeal and Stay of Lower Court Proceedings filed by counsel for Clinton Scott McNeil is denied. Petition for Emergency Stay of Proceedings filed by counsel for Clinton Scott McNeil is dismissed as moot. Petitioner's Motion for Leave to Supplement Petition for Interlocutory Appeal filed by counsel for Clinton Scott McNeil is denied. The Petitioner's Supplement to Petition for Interlocutory Appeal is dismissed. Diaz and Easley, JJ., would grant. Order entered.