04/01/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2002-CP-00546-SCT

Kenneth Peden, Sr. v. The City of Gautier, Mississippi; Jackson Chancery Court; LC Case #: 2000-1576-JB; Ruling Date: 03/19/2002; Ruling Judge: Jaye Bradley; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Graves and Dickinson, JJ., Concur. Easley, J., Concurs in Result Only. Diaz, J., not participating.

Steven Bruce Booker on Behalf of Certain Underwriters at Lloyd's London, Signatory to Certificate No. HR-100213-S v. Holmes Pettey and Holmes Pettey, Inc.; Coahoma Circuit Court; LC Case #: 7719; Ruling Date: 06/13/2002; Ruling Judge: Albert Smith, III; Majority Opinion: Carlson, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Smith C.J., Waller and Cobb P.JJ., Easley, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

In the Interest of L. D. M., a Child; Warren Youth Court; LC Case #: 7074; Ruling Date: 06/25/2002; Ruling Judge: Samuel Habeeb; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

Odis Emery, Jr. v. State of Mississippi; Washington Circuit Court; LC Case #: 2001-455; Ruling Date: 02/22/2002; Ruling Judge: Richard Smith; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Washington County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J, Easley, Carlson and Graves, JJ., Concur. Cobb, P.J., Concurs in Result Only. Diaz, J., not participating.

Kenneth Bernard Webb v. State of Mississippi; Madison Circuit Court; LC Case #: 99-0375; Ruling Date: 04/12/2002; Ruling Judge: Samac Richardson; 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 Kenneth Bernard Webb 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.

Milton D. Concannon, M.D. v. Donis Reynolds; Pike Circuit Court; LC Case #: 98-0053-B; Ruling Date: 04/19/2002; Ruling Judge: Mike Smith; 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 Milton D. Concannon, M.D., is extended until May 7, 2004. A final decision on whether to grant or deny the petition shall be entered on or before May 7, 2004. Order entered.

John H. Ware, Individually, and on Behalf of Others v. Entergy Mississippi, Inc.; Adams Circuit Court; LC Case #: 97-0122-S; Ruling Date: 05/20/2002; Ruling Judge: Lillie Sanders; Disposition: Motion for rehearing filed by appellee is denied. Dickinson, J., would grant. Cobb, P.J., and Diaz, J., not participating.

Cindy Lou Davis and Roy Lee Davis v. Dr. Arthur A. Hoss, Dr. Michael C. Doherty, Dr. Samuel Norwood, III, Dr. Rameshkumar B. Patel, Dr. Robert Brent Harrison, Dr. William P. English, Dr. Luis A. Hashimoto, Dr. William D. Donald, Dr. Phillip J. Kregor, The University Hospitals and Clinics, University Orthopaedic Association, University Radiology Associates, PLLC, and University Surgery Associates, PLLC; Hinds Circuit Court 1st District; LC Case #: 251-01-1197CIV; Ruling Date: 07/22/2002; Ruling Judge: W. Yerger; Majority Opinion: Waller, P.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and appellees taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Diaz, J., not participating. Concurring in Part and Dissenting in Part Opinion: Easley, J.

In the Interest of L. D. M., a Child; Warren Youth Court; LC Case #: 7074; Ruling Date: 06/25/2002; Ruling Judge: Samuel Habeeb; Disposition: Motion for Payment filed by appellant is granted in part for the appellant's work done as guardian ad litem in the case In re L.D.M., 2001-CA-01203-SCT, and that Warren County is ordered to pay the appellant $2,000.00 for her services. Order entered.

Pre-Paid Legal Services, Inc., Brooks Werkheiser, Dyre Law Firm, PLLC and Arnold D. Dyre v. Samuel Battle, Reginald Burks, Myrtis Hollis, James Robinson, Bennie Irvin, Mary Keeler, Willie McKenny, Renata L. Miller, David Mills, Eric Norwood, Geneva Shelby, Shemekia Shelby, Pastella Spratley, George Williams, Leonard Boddie, John C. Burwell, Angela Hudnall, Minnie Mosely, Caroline Smith, Thelma Louise Smith, Jimmy Grant, Sylvia Grant, Tony Barfield, Mary Honeysuckle, Lonedell Nicholson, Patricia Whitfield, Charles Alexander, Kenneth M. Crook and Beverly Thompson; Hinds Circuit Court 1st District; LC Case #: 251-02-270 CIV; Ruling Date: 08/19/2002; Ruling Judge: Tomie Green; Disposition: Appellants' Motion to Strike is granted. Order entered.

Pre-Paid Legal Services, Inc., Brooks Werkheiser, Dyre Law Firm, PLLC and Arnold D. Dyre v. Samuel Battle, Reginald Burks, Myrtis Hollis, James Robinson, Bennie Irvin, Mary Keeler, Willie McKenny, Renata L. Miller, David Mills, Eric Norwood, Geneva Shelby, Shemekia Shelby, Pastella Spratley, George Williams, Leonard Boddie, John C. Burwell, Angela Hudnall, Minnie Mosely, Caroline Smith, Thelma Louise Smith, Jimmy Grant, Sylvia Grant, Tony Barfield, Mary Honeysuckle, Lonedell Nicholson, Patricia Whitfield, Charles Alexander, Kenneth M. Crook and Beverly Thompson; Hinds Circuit Court 1st District; LC Case #: 251-02-270 CIV; Ruling Date: 08/19/2002; Ruling Judge: Tomie Green; Majority Opinion: Carlson, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Graves and Dickinson, JJ., Concur. Cobb, P.J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Mitchell Stuart Slaughter v. Monica Woods Slaughter; Coahoma Chancery Court; LC Case #: 2002-685; Ruling Date: 01/29/2003; Ruling Judge: William Willard, Jr.; Majority Opinion: Easley, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves and Dickinson, JJ., Concur. Cobb, P.J., Concurs in Result Only. Diaz, J., not participating.

In Re: Mississippi United Methodist Conference, Petitioner; Hinds Circuit Court 1st District; LC Case #: 251-02-1027CIV; Ruling Judge: Tomie Green; Disposition: This corrected order is issued to accurately reflect the votes of the justices. By en banc order entered on March 18, 2004, the petition for interlocutory appeal was granted in this matter. The order erroneously did not reflect that Justice Graves did not participate. The prior order is corrected to show that Justice Diaz and Justice Graves did not participate. In all other respects, the order remains in full force and effect. The petition for interlocutory appeal is hereby granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of the 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 and Graves, JJ., not participating. Corrected Order entered.