03/31/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2003-CA-02772-SCT

The City of Jackson v. The Internal Engine Parts Group, Inc. a/k/a Engine Parts Warehouse Jackson and Clearbrook Holdings, LLC.; Hinds Circuit Court 1st District; LC Case #: 251-02-91-CIV; Ruling Date: 11/24/2003; Ruling Judge: W. Yerger; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Keith McWhorter; Patsy McWhorter; and Hunter McWhorter v. Cal-Maine Farms, Inc.; Fred Adams; Dolph Baker; Charlie Collins; R. K. Looper; B. J. Raines; Cargill Incorporated; Peterson Farms, Inc.; Simmons Foods, Inc.; Simmons Poultry Farms, Inc.; Tyson Foods, Inc.; Don Tyson; Greg Lee; Rodney S. Pless; R. Read Hudson; Dennis Leatherby; and John H. Tyson; Hinds Circuit Court 1st District; LC Case #: 251-02-1555CIV; Ruling Date: 11/24/2003; Ruling Judge: Tomie Green; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Illinois Central Gulf Railroad Company v. William K. Milward; Quitman Circuit Court; LC Case #: 99-0073-T; Ruling Date: 01/20/2004; Ruling Judge: Kenneth Thomas; Majority Opinion: Easley, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

David Earl King v. State of Mississippi; Walthall Circuit Court; LC Case #: 2001-119-B; Ruling Date: 03/22/2002; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed by David Earl King is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Jessie Frank Jones v. State of Mississippi; Tate Circuit Court; LC Case #: CR2002-21-B-T; Ruling Date: 12/17/2002; Ruling Judge: Andrew Baker; Majority Opinion: Waller, P.J. Disposition: The Judgment of the Court of Appeals is Reversed. Conviction of Attempted Burglary of a Dwelling and Sentence of Twenty Five (25) Years in the Custody of the Mississippi Department of Corrections, with no Benefit from Good Time or Administrative Reduction of Sentence, Affirmed. Tate County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson and Dickinson, JJ., Concur. Randolph, J., Concurs in Result Only. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Fred H. Drews, III, and Bonnie Drews v. City of Hattiesburg; Forrest Circuit Court; LC Case #: C102-0156; Ruling Date: 03/13/2003; Ruling Judge: Billy Landrum; Majority Opinion: Waller, P.J. Disposition: The Judgment of the Court of Appeals is Affirmed. The Judgment of the Forrest County Circuit Court is Reversed and Rendered. City of Hattiesburg taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz and Randolph, JJ., not participating.

Lainie Bell Crider v. John Paul Crider, Jr.; Alcorn Chancery Court; LC Case #: 2002-56902); Ruling Date: 04/23/2003; Ruling Judge: Jacqueline Mask; Majority Opinion: Cobb, P.J. Disposition: The Judgment of the Court of Appeals is Reversed; The Judgment of the Alcorn County Chancery Court is Affirmed. Lainie Bell Crider taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Derrick Demond Walker v. State of Mississippi; Lee Circuit Court; LC Case #: CR01-693; Ruling Date: 06/06/2003; Ruling Judge: Paul Funderburk; Majority Opinion: Randolph, J. Disposition: Count I: Conviction of Capital Murder and Sentence of Death by Lethal Injection, Affirmed. Count II: Conviction of Arson of a Dwelling House and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run consecutively with the sentence in Count I. Lee County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Larry Lewis v. State of Mississippi; Panola Circuit Court 1st District; LC Case #: CR2003-8-L-P1; Ruling Date: 06/26/2003; Ruling Judge: Ann Lamar; Disposition: Petition for writ of certiorari filed by counsel for Larry Lewis is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Perry Leon Berryman v. Katherine Lynn (Hibbett)(Snyder) Berryman; Tate Chancery Court; LC Case #: 02-07-270 (ML); Ruling Date: 07/02/2003; Ruling Judge: Mitchell Lundy, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Perry Leon Berryman is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ. To Deny: Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Rudolph D. Sullivan, Jr. v. Protex Weatherproofing, Inc. and ATX Telecom, Inc.; Rankin Circuit Court; LC Case #: 2002-384; Ruling Date: 10/14/2003; Ruling Judge: William Chapman, III; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., and Carlson, J., Concur. Randolph, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Waller, P.J., Easley and Graves, JJ. Diaz, J., not participating. Concurring in Part and Dissenting in Part Opinion: Randolph, J. Votes: Waller, P.J., Easley and Graves, JJ., Join This Opinion.

3M Company v. Everett Franklin Holifield, et al.; Jones Circuit Court 1st District; LC Case #: 200-26-CV9; Ruling Date: 09/23/2003; Ruling Judge: Gray Evans; Disposition: 3M Company's Petition for Permission to Appeal from an Interlocutory Order, with Supporting Brief is granted. The trial court's Case Management Order entered September 26, 2003, is vacated. The trial court shall dismiss, without prejudice, the complaint of each plaintiff who fails, within forty-five (45) days of this Court's mandate, to provide the defendants and the trial court with sufficient information for such determination of joinder, severance, venue and transfer if warranted. Such information shall include, at minimum, the name of the defendant or defendants against whom each plaintiff alleges a claim, the time and location of exposure, and the medical condition caused by such exposure. 3M Company's motion to consolidate this matter with 3M Company v. Hinton is dismissed as moot. The stay in this matter is vacated, and this matter is remanded to the Circuit Court for the First Judicial District of Jones County for further proceedings consistent with this order and this Court's decision in 3M Company v. Hinton. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Carlson, J., for the Court. Order entered.

3M Company v. Everett Franklin Holifield, et al.; Jones Circuit Court 1st District; LC Case #: 200-26-CV9; Ruling Date: 09/23/2003; Ruling Judge: Gray Evans; Disposition: 3M Company's Petition for Permission to Appeal from an Interlocutory Order, with Supporting Brief is granted. The trial court's Case Management Order entered September 26, 2003, is vacated. The trial court shall dismiss, without prejudice, the complaint of each plaintiff who fails, within forty-five (45) days of this Court's mandate, to provide the defendants and the trial court with sufficient information for such determination of joinder, severance, venue and transfer if warranted. Such information shall include, at minimum, the name of the defendant or defendants against whom each plaintiff alleges a claim, the time and location of exposure, and the medical condition caused by such exposure. 3M Company's motion to consolidate this matter with 3M Company v. Hinton is dismissed as moot. The stay in this matter is vacated, and this matter is remanded to the Circuit Court for the First Judicial District of Jones County for further proceedings consistent with this order and this Court's decision in 3M Company v. Hinton. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Carlson, J., for the Court. Order entered.

3M Company v. Dorothy Anderson, et al.; Holmes Circuit Court; LC Case #: 2002-65; Ruling Date: 01/16/2004; Ruling Judge: Jannie Lewis; Disposition: 3M Company's Petition for Permission to Appeal from an Interlocutory Order, with Supporting Brief is granted. The trial court's Case Management Order entered January 16, 2004, is vacated. The trial court shall dismiss, without prejudice, the complaint of each plaintiff who fails, within forty-five (45) days of this Court's mandate, to provide the defendants and the trial court with sufficient information for such determination of joinder, severance, venue and transfer if warranted. Such information shall include, at minimum, the name of the defendant or defendants against whom each plaintiff alleges a claim, the time and location of exposure, and the medical condition caused by such exposure. 3M Company's motion to consolidate this matter with 3M Company v. Hinton is dismissed as moot. The stay in this matter is vacated, and this matter is remanded to the Circuit Court of Holmes County for further proceedings consistent with this order and this Court's decision in 3M Company v. Hinton. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Dickinson, J., for the Court. Order entered.

3M Company v. Dorothy Anderson, et al.; Holmes Circuit Court; LC Case #: 2002-65; Ruling Date: 01/16/2004; Ruling Judge: Jannie Lewis; Disposition: 3M Company's Petition for Permission to Appeal from an Interlocutory Order, with Supporting Brief is granted. The trial court's Case Management Order entered January 16, 2004, is vacated. The trial court shall dismiss, without prejudice, the complaint of each plaintiff who fails, within forty-five (45) days of this Court's mandate, to provide the defendants and the trial court with sufficient information for such determination of joinder, severance, venue and transfer if warranted. Such information shall include, at minimum, the name of the defendant or defendants against whom each plaintiff alleges a claim, the time and location of exposure, and the medical condition caused by such exposure. 3M Company's motion to consolidate this matter with 3M Company v. Hinton is dismissed as moot. The stay in this matter is vacated, and this matter is remanded to the Circuit Court of Holmes County for further proceedings consistent with this order and this Court's decision in 3M Company v. Hinton. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Dickinson, J., for the Court. Order entered.

3M Company v. Dorothy Anderson, et al.; Holmes Circuit Court; LC Case #: 2002-65; Ruling Date: 01/16/2004; Ruling Judge: Jannie Lewis; Disposition: 3M Company's Petition for Permission to Appeal from an Interlocutory Order, with Supporting Brief is granted. The trial court's Case Management Order entered January 16, 2004, is vacated. The trial court shall dismiss, without prejudice, the complaint of each plaintiff who fails, within forty-five (45) days of this Court's mandate, to provide the defendants and the trial court with sufficient information for such determination of joinder, severance, venue and transfer if warranted. Such information shall include, at minimum, the name of the defendant or defendants against whom each plaintiff alleges a claim, the time and location of exposure, and the medical condition caused by such exposure. 3M Company's motion to consolidate this matter with 3M Company v. Hinton is dismissed as moot. The stay in this matter is vacated, and this matter is remanded to the Circuit Court of Holmes County for further proceedings consistent with this order and this Court's decision in 3M Company v. Hinton. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Dickinson, J., for the Court. Order entered.

3M Company v. Arvis Blaine, et al.; Holmes Circuit Court; LC Case #: 2002-189; Ruling Date: 01/16/2004; Ruling Judge: Jannie Lewis; Disposition: 3M Company's Petition for Permission to Appeal from an Interlocutory Order, with Supporting Brief is granted. The trial court's Case Management Order entered January 16, 2004, is vacated. The trial court shall dismiss, without prejudice, the complaint of each plaintiff who fails, within forty-five (45) days of this Court's mandate, to provide the defendants and the trial court with sufficient information for such determination of joinder, severance, venue and transfer if warranted. Such information shall include, at minimum, the name of the defendant or defendants against whom each plaintiff alleges a claim, the time and location of exposure, and the medical condition caused by such exposure. 3M Company's motion to consolidate this matter with 3M Company v. Hinton is dismissed as moot. The stay in this matter is vacated, and this matter is remanded to the Circuit Court of Holmes County for further proceedings consistent with this order and this Court's decision in 3M Company v. Hinton. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Carlson, J., for the Court. Order entered.

3M Company, et al. v. Blanche Burrell, et al.; Holmes Circuit Court; LC Case #: 2002-57; Ruling Date: 01/16/2004; Ruling Judge: Jannie Lewis; Disposition: 3M Company's Petition for Permission to Appeal from an Interlocutory Order, with Supporting Brief is granted. The trial court's Case Management Order entered January 16, 2004, is vacated. The trial court shall dismiss, without prejudice, the complaint of each plaintiff who fails, within forty-five (45) days of this Court's mandate, to provide the defendants and the trial court with sufficient information for such determination of joinder, severance, venue and transfer if warranted. Such information shall include, at minimum, the name of the defendant or defendants against whom each plaintiff alleges a claim, the time and location of exposure, and the medical condition caused by such exposure. 3M Company's motion to consolidate this matter with 3M Company v. Hinton is hereby dismissed as moot. The stay in this matter is vacated, and this matter is remanded to the Circuit Court of Holmes County for further proceedings consistent with this order and this Court's decision in 3M Company v. Hinton. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Dickinson, J., for the Court. Order entered.

3M Company, et al. v. Blanche Burrell, et al.; Holmes Circuit Court; LC Case #: 2002-57; Ruling Date: 01/16/2004; Ruling Judge: Jannie Lewis; Disposition: 3M Company's Petition for Permission to Appeal from an Interlocutory Order, with Supporting Brief is granted. The trial court's Case Management Order entered January 16, 2004, is vacated. The trial court shall dismiss, without prejudice, the complaint of each plaintiff who fails, within forty-five (45) days of this Court's mandate, to provide the defendants and the trial court with sufficient information for such determination of joinder, severance, venue and transfer if warranted. Such information shall include, at minimum, the name of the defendant or defendants against whom each plaintiff alleges a claim, the time and location of exposure, and the medical condition caused by such exposure. 3M Company's motion to consolidate this matter with 3M Company v. Hinton is hereby dismissed as moot. The stay in this matter is vacated, and this matter is remanded to the Circuit Court of Holmes County for further proceedings consistent with this order and this Court's decision in 3M Company v. Hinton. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Dickinson, J., for the Court. Order entered.

3M Company, et al. v. Blanche Burrell, et al.; Holmes Circuit Court; LC Case #: 2002-57; Ruling Date: 01/16/2004; Ruling Judge: Jannie Lewis; Disposition: 3M Company's Petition for Permission to Appeal from an Interlocutory Order, with Supporting Brief is granted. The trial court's Case Management Order entered January 16, 2004, is vacated. The trial court shall dismiss, without prejudice, the complaint of each plaintiff who fails, within forty-five (45) days of this Court's mandate, to provide the defendants and the trial court with sufficient information for such determination of joinder, severance, venue and transfer if warranted. Such information shall include, at minimum, the name of the defendant or defendants against whom each plaintiff alleges a claim, the time and location of exposure, and the medical condition caused by such exposure. 3M Company's motion to consolidate this matter with 3M Company v. Hinton is hereby dismissed as moot. The stay in this matter is vacated, and this matter is remanded to the Circuit Court of Holmes County for further proceedings consistent with this order and this Court's decision in 3M Company v. Hinton. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Dickinson, J., for the Court. Order entered.

3M Company v. Katie Green, et al.; Holmes Circuit Court; LC Case #: 2002-312; Ruling Date: 01/16/2004; Ruling Judge: Jannie Lewis; Disposition: 3M Company's Petition for Permission to Appeal from an Interlocutory Order, with Supporting Brief is granted. The trial court's Case Management Order entered January 16, 2004, is vacated. The trial court shall dismiss, without prejudice, the complaint of each plaintiff who fails, within forty-five (45) days of this Court's mandate, to provide the defendants and the trial court with sufficient information for such determination of joinder, severance, venue and transfer if warranted. Such information shall include, at minimum, the name of the defendant or defendants against whom each plaintiff alleges a claim, the time and location of exposure, and the medical condition caused by such exposure. 3M Company's motion to consolidate this matter with 3M Company v. Hinton is dismissed as moot. The stay in this matter is vacated and this matter is remanded to the Circuit Court of Holmes County for further proceedings consistent with this order and this Court's decision in 3M Company v. Hinton. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Cobb, P.J., for the Court. Order entered.

3M Company v. Katie Green, et al.; Holmes Circuit Court; LC Case #: 2002-312; Ruling Date: 01/16/2004; Ruling Judge: Jannie Lewis; Disposition: 3M Company's Petition for Permission to Appeal from an Interlocutory Order, with Supporting Brief is granted. The trial court's Case Management Order entered January 16, 2004, is vacated. The trial court shall dismiss, without prejudice, the complaint of each plaintiff who fails, within forty-five (45) days of this Court's mandate, to provide the defendants and the trial court with sufficient information for such determination of joinder, severance, venue and transfer if warranted. Such information shall include, at minimum, the name of the defendant or defendants against whom each plaintiff alleges a claim, the time and location of exposure, and the medical condition caused by such exposure. 3M Company's motion to consolidate this matter with 3M Company v. Hinton is dismissed as moot. The stay in this matter is vacated and this matter is remanded to the Circuit Court of Holmes County for further proceedings consistent with this order and this Court's decision in 3M Company v. Hinton. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Cobb, P.J., for the Court. Order entered.

Mississippi Commission on Judicial Performance v. Joseph Lewis; LC Case #: 2002-325; Ruling Date: 05/18/2004; Ruling Judge: Franklin Coleman; Majority Opinion: Smith, C.J. Disposition: Justice Court Judge Joseph Lewis, District Three, Hinds County, is hereby removed from office, shall pay the costs of this proceeding in the amount of $2,080.23, and pay all prior costs. Joseph Lewis taxed with costs of appeal. Votes: Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents With Separate Written Opinion Joined by Waller, P.J., and Easley, J. Diaz, J., not participating. Dissenting Opinion: Graves, J. Votes: Waller, P.J., and Easley, J., Join This Opinion.

3M Company f/k/a Minnesota Mining and Manufacturing Company v. Pleas Ozell Rosamond; Montgomery Circuit Court; LC Case #: 2002-0138-CV-M; Ruling Date: 08/11/2003; Ruling Judge: C. Morgan, III; Disposition: 3M Company's Petition for Permission to Appeal from an Interlocutory Order, with Supporting Brief is granted. The trial court's Case Management Order entered August 11, 2003, is vacated. The trial court shall dismiss, without prejudice, the complaint of each plaintiff who fails, within forty-five (45) days of this Court's mandate, to provide the defendants and the trial court with sufficient information for such determination of joinder, severance, venue and transfer if warranted. Such information shall include, at minimum, the name of the defendant or defendants against whom each plaintiff alleges a claim, the time and location of exposure, and the medical condition caused by such exposure. 3M Company's motion to consolidate this matter with 3M Company v. Hinton is dismissed as moot. The stay in this matter is vacated and this matter is remanded to the Circuit Court of Montgomery County for further proceedings consistent with this Order and the Court's decision in 3M Company v. Hinton. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Cobb, P.J., for the Court. Order entered.

3M Company f/k/a Minnesota Mining and Manufacturing Company v. Pleas Ozell Rosamond; Montgomery Circuit Court; LC Case #: 2002-0138-CV-M; Ruling Date: 08/11/2003; Ruling Judge: C. Morgan, III; Disposition: 3M Company's Petition for Permission to Appeal from an Interlocutory Order, with Supporting Brief is granted. The trial court's Case Management Order entered August 11, 2003, is vacated. The trial court shall dismiss, without prejudice, the complaint of each plaintiff who fails, within forty-five (45) days of this Court's mandate, to provide the defendants and the trial court with sufficient information for such determination of joinder, severance, venue and transfer if warranted. Such information shall include, at minimum, the name of the defendant or defendants against whom each plaintiff alleges a claim, the time and location of exposure, and the medical condition caused by such exposure. 3M Company's motion to consolidate this matter with 3M Company v. Hinton is dismissed as moot. The stay in this matter is vacated and this matter is remanded to the Circuit Court of Montgomery County for further proceedings consistent with this Order and the Court's decision in 3M Company v. Hinton. The respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. Not Participating: Diaz, Graves and Randolph, JJ. Cobb, P.J., for the Court. Order entered.