04/03/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
X  2007-CA-00227-SCT

F. Charles Phillips v. Mississippi Department of Public Safety, Mississippi Highway Safety Patrol, Joseph W. Seals and Thomas E. Little; Forrest Circuit Court; LC Case #: CI-04-0278; Ruling Date: 12/27/2006; Ruling Judge: Robert Helfrich; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Randolph, J., not participating.

Marilyn Goolsby, Receiver and Lend Lease Asset Management, L.P., Authorized Servicer for LaSalle Bank National Association, As Trustee for Chase Commercial Mortgage, by and through the undersigned counsel v. Cobra Security, Inc. and Wayne Mills, President; Lafayette Chancery Court; LC Case #: 2003-153; Ruling Date: 04/10/2007; Ruling Judge: Edwin Roberts, Jr.; Consolidated with 2004-CA-01485-SCT Lend Lease Asset Management, L.P., Authorized Servicer for LaSalle Bank National Association, as Trustee for Chase Commercial Mortgage, and the Receiver, Marilyn Goolsby v. Cobra Security, Inc., and Wayne Mills; Lafayette Chancery Court; LC Case #: 2003-153; Ruling Date: 10/11/2004; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Lamar, J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

In the Matter of the Enlargement and Extension of the Corporate Limits of the City of Madison, Mississippi: Ronald Russell, Kelly Kersh, Charles Warwick, Tom Johnson, Richard Davis, Harlan Sistrunk and Frank Bell v. City of Madison, Mississippi AND City of Madison v. Ronald Russell, Bill Robertson, Kelly Kersh, Charles Warwick, Tom Johnson, Stan Patterson, Richard Davis, George Ardelean, Lisa Markham, Harlan Sistrunk, Frank Bell and Larry Spencer; Madison Chancery Court; LC Case #: 2002-253; Ruling Date: 08/31/2006; Ruling Judge: Jason Floyd, Jr.; Majority Opinion: Carlson, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Affirmed. Appellants and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Graves, Randolph and Lamar, JJ., Concur. Dickinson, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Easley, J., Dissents Without Separate Written Opinion.

In Interest of N. W.; Hinds Youth Court 1st District; LC Case #: 19,522; Ruling Date: 03/19/2007; Ruling Judge: William Skinner, II; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Hinds County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Graves, Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., not participating.

Perry Armstead v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2006-0180; Ruling Date: 01/25/2007; Ruling Judge: Lee Howard; Majority Opinion: Waller, P.J. Disposition: Count I: Conviction of sale of cocaine and sentence of fourteen (14) years in the custody of the Mississippi Department of Corrections, and payment of a fine of $5,000.00, Affirmed. Said sentence shall run consecutively with the sentence imposed in Count II. Count II: Conviction of possession of cocaine and sentence of three (3) years in the custody of the Mississippi Department of Corrections, Affirmed. Said sentence shall run consecutively with the sentence imposed in Count I. Oktibbeha County taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

Marilyn Busby v. Patricia Anderson, Executrix of the Estate of William Burnley, Deceased; Washington Circuit Court; LC Case #: 94-13,088(H)(W); Ruling Date: 04/18/2000; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Reversed and this Appeal is Dismissed. Appellant taxed with costs of appeal. Votes: Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., Dissents with Separate Written Opinion Joined by Graves, J.; Easley, J., Joins this Opinion in Part. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion. Easley, J., Joins This Opinion in Part.

Lend Lease Asset Management, L.P., Authorized Servicer for LaSalle Bank National Association, as Trustee for Chase Commercial Mortgage, and the Receiver, Marilyn Goolsby v. Cobra Security, Inc., and Wayne Mills; Lafayette Chancery Court; LC Case #: 2003-153; Ruling Date: 10/11/2004; Ruling Judge: Edwin Roberts, Jr.; Consolidated with 2007-CA-00707-SCT Marilyn Goolsby, Receiver and Lend Lease Asset Management, L.P., Authorized Servicer for LaSalle Bank National Association, As Trustee for Chase Commercial Mortgage, by and through the undersigned counsel v. Cobra Security, Inc. and Wayne Mills, President; Lafayette Chancery Court; LC Case #: 2003-153; Ruling Date: 04/10/2007; Ruling Judge: Edwin Roberts, Jr.; Disposition: Receiver's Motion to Assess Costs is denied and the Receiver's Motion to Amend the Mandate is dismissed in No. 2004-CA-01485. Order entered.

Lend Lease Asset Management, L.P., Authorized Servicer for LaSalle Bank National Association, as Trustee for Chase Commercial Mortgage, and the Receiver, Marilyn Goolsby v. Cobra Security, Inc., and Wayne Mills; Lafayette Chancery Court; LC Case #: 2003-153; Ruling Date: 10/11/2004; Ruling Judge: Edwin Roberts, Jr.; Consolidated with 2007-CA-00707-SCT Marilyn Goolsby, Receiver and Lend Lease Asset Management, L.P., Authorized Servicer for LaSalle Bank National Association, As Trustee for Chase Commercial Mortgage, by and through the undersigned counsel v. Cobra Security, Inc. and Wayne Mills, President; Lafayette Chancery Court; LC Case #: 2003-153; Ruling Date: 04/10/2007; Ruling Judge: Edwin Roberts, Jr.; Disposition: Receiver's Motion to Assess Costs is denied and the Receiver's Motion to Amend the Mandate is dismissed in No. 2004-CA-01485. Order entered.

Lanikia Smith, by Her Next Friend, Bettie Smith; Camille Carter, by Her Next Friend, LaReatha Carter; Amory School District and Amory School District Board of Trustees v. Charles Clement d/b/a M & W Butane Gas Company, Inc.; Monroe Circuit Court; LC Case #: 96-049-PFM; Ruling Date: 10/26/2005; Ruling Judge: Paul Funderburk; Disposition: Appellee's motion for rehearing is granted. The previous opinions are withdrawn and these opinions are substituted therefor. Affirmed.

Lanikia Smith, by Her Next Friend, Bettie Smith; Camille Carter, by Her Next Friend, LaReatha Carter; Amory School District and Amory School District Board of Trustees v. Charles Clement d/b/a M & W Butane Gas Company, Inc.; Monroe Circuit Court; LC Case #: 96-049-PFM; Ruling Date: 10/26/2005; Ruling Judge: Paul Funderburk; Majority Opinion: Dickinson, J. Disposition: Appellee's motion for rehearing is granted. The previous opinions are withdrawn and these opinions are substituted therefor. Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Carlson, Randolph and Lamar, JJ., Concur. Waller, P.J., Dissents with Separate Written Opinion Joined by Diaz, P.J., Easley and Graves, JJ. Diaz, P.J., Dissents with Separate Written Opinion Joined by Easley and Graves, JJ. Dissenting Opinion: Waller, P.J. Votes: Diaz, P.J., Easley and Graves, JJ., Join This Opinion. Dissenting Opinion: Diaz, P.J. Votes: Easley and Graves, JJ., Join This Opinion.

Ephen L. Banks and Jimmy Oglesby d/b/a Oglesby Farms v. Curlie Darnell Hill; Bolivar Circuit Court 1st District; LC Case #: 2003-7; Ruling Date: 11/21/2005; Ruling Judge: Kenneth Thomas; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Randolph and Lamar, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, P.J., Dissents with Separate Written Opinion Joined by Easley, J. Dissenting Opinion: Diaz, P.J. Votes: Easley, J., Joins This Opinion.

Culbreath Revocable Trust and Quad C. Farms v. Dick S. Sanders, Charlie V. Sanders, Dennis Churchwell and Lynley Churchwell; Marshall Chancery Court; LC Case #: 04-0279(R); Ruling Date: 01/25/2006; Ruling Judge: Edwin Roberts, Jr.; Disposition: Petition for writ of certiorari filed by counsel for the petitioners is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

Timothy R. Sharp v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV05-104(G)I; Ruling Date: 07/25/2006; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed pro se by Timothy R. Sharp is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

In the Matter of the Enlargement and Extension of the Corporate Limits of the City of Madison, Mississippi: Ronald Russell, Kelly Kersh, Charles Warwick, Tom Johnson, Richard Davis, Harlan Sistrunk and Frank Bell v. City of Madison, Mississippi AND City of Madison v. Ronald Russell, Bill Robertson, Kelly Kersh, Charles Warwick, Tom Johnson, Stan Patterson, Richard Davis, George Ardelean, Lisa Markham, Harlan Sistrunk, Frank Bell and Larry Spencer; Madison Chancery Court; LC Case #: 2002-253; Ruling Date: 08/31/2006; Ruling Judge: Jason Floyd, Jr.; Disposition: Motion to Strike Madison's Response to Appellants' Reply Brief filed by the Appellants and Cross-appellees is denied. Order entered.

Irene Caves, Statutory Representative of the Wrongful Death Beneficiaries of Jimmy Caves v. Benjamin Yarbrough, M.D., and Franklin County Memorial Hospital; Franklin Circuit Court; LC Case #: 02-CV-026; Ruling Date: 10/13/2006; Ruling Judge: Forrest Johnson, Jr.; Disposition: On the Court's own motion, the parties shall, and amici curiae may, submit supplemental briefs and authorities addressing the issues set out in this order. Each party shall, and amici curiae may, file with the Clerk of this Court an original and nine copies of their respective briefs, not to exceed 25 pages, on or before April 21, 2008. Order entered.

Irene Caves, Statutory Representative of the Wrongful Death Beneficiaries of Jimmy Caves v. Benjamin Yarbrough, M.D., and Franklin County Memorial Hospital; Franklin Circuit Court; LC Case #: 02-CV-026; Ruling Date: 10/13/2006; Ruling Judge: Forrest Johnson, Jr.; Disposition: On the Court's own motion, Mississippi Rules of Appellate Procedure Rule 40(a)'s prohibition of oral argument in support of a motion for rehearing is suspended. M.R.A.P. 2(c) Oral argument shall be heard on June 10, 2008 at 1:30 p.m. Each side shall be allowed twenty (20) minutes for oral argument. Order entered.

Mississippi Commission on Judicial Performance v. Solomon C. Osborne; LC Case #: 2004-311/312; Ruling Date: 05/10/2007; Ruling Judge: Patricia Wise; Disposition: Motion for rehearing filed by Solomon C. Osborne is denied. Graves, J., would grant. Diaz, P.J., and Easley, J., not participating.