Mississippi Supreme Court

Hand Down Lists
April 04, 1996

04/04/1996 - Hand Down and published opinions in WordPerfect/ZIP format

PER CURIAM
92-CT-00710-COA

Hankins, Sr., James A., Marian Hankins, and Jim Hankins Air Service, Inc. v. Frank E. Melton Appeal No. 34062 from Judgment dated MAY 05, 1992, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellants' Motion to stay mandate granted until May 1, 1996. Order entered.


John J. Fraiser, Jr., C.J.
95-CA-00659-COA

Peacor, II, Darrol Fredrick v. Sherry Lynn Knight Peacor Harrison Appeal No. 20418 from Judgment dated MAY 12, 1995, Yazoo County Chancery Court; Appellant's Motion to Dismiss Appeal granted. Appeal dismissed with prejudice. All costs of appeal are taxed to appellant. Order entered.


John J. Fraiser, Jr., C.J.
95-CC-00051-COA

Diamondhead Day Care, Inc. v. Theresa M. Willson Appeal No. 11587 from Judgment dated NOVEMBER 23, 1994, Hancock County Circuit Court; The judgment of the Harrison County Circuit Court is reversed and the ruling of the Mississippi Employment Security Commission Board of Review is reinstated. Costs of appeal are assessed against appellee. Thomas, P.J., not participating.


Frank D. Barber, J.
94-CA-00834-COA

Hilliard, John Wesley v. Edsel Hampton Appeal No. 93259 from Judgment dated JUNE 15, 1994, Monroe County Circuit Court; The judgment of the Monroe County Circuit Court is affirmed. Statutory penalties and interest are awarded. Costs of this appeal are taxed to the appellant.


Frank D. Barber, J.
92-KA-00909-COA

Marshall, David Gaston v. State of Mississippi Appeal No. 26317 from Judgment dated APRIL 29, 1992, Harrison County Circuit Court, First Judicial District; The judgment of the Circuit Court of Harrison County of conviction of Count I sexual battery and sentence of thirty years, Count II sexual battery and sentence of thirty years to run concurrently with sentence in Count I, and Count III kidnaping and sentence of twenty-five years in the custody of the Mississippi Department of Corrections to run consecutively to the sentence in Count I is affirmed. Costs are assessed to Harrison County. Thomas, P.J., and Payne, J., not participating; (CONSOLIDATED WITH) U 92-KA-00606-COA David Gaston Marshall v. State of Mississippi; Appeal No. 26317 from Judgment dated APRIL 29, 1992, Harrison County Circuit Court, First Judicial District.


Frank D. Barber, J.
92-KA-00606-COA

Marshall, David Gaston v. State of Mississippi Appeal No. 26317 from Judgment dated APRIL 29, 1992, Harrison County Circuit Court, First Judicial District; (CONSOLIDATED WITH) U 92-KA-00909-COA David Gaston Marshall v. State of Mississippi; Appeal No. 26317 from Judgment dated APRIL 29, 1992, Harrison County Circuit Court, First Judicial District; The judgment of the Circuit Court of Harrison County of conviction of Count I sexual battery and sentence of thirty years, Count II sexual battery and sentence of thirty years to run concurrently with sentence in Count I, and Count III kidnaping and sentence of twenty-five years in the custody of the Mississippi Department of Corrections to run consecutively to the sentence in Count I is affirmed. Costs are assessed to Harrison County. Thomas, P.J., and Payne, J., not participating.


Billy G. Bridges, C. J.
95-CC-00392-COA

F. W. Hendrix Company, Inc. and United States Fidelity and Guaranty Company v. C & I Insulation Company and Fidelity and Casualty Company of New York Appeal No. 94247 from Judgment dated MARCH 13, 1995, Lee County Circuit Court; The judgment of the Lee County Circuit Court is affirmed. All costs of this appel are taxed to the appellants.


Billy G. Bridges, C. J.
95-CA-00282-COA

Anthony, Jeff v. Judy Lynn Donald Anthony Appeal No. 25090 from Judgment dated FEBRUARY 21, 1995, Sunflower County Chancery Court; The judgment of the Sunflower County Chancery Court is affirmed. All costs of this appeal are taxed to the appellant. I and II: Bridges, P.J., Fraiser, C.J., Thomas, P.J., Barber, Coleman, Diaz, King, McMillin, Payne, and Southwick, JJ., concur. III: Payne, J., Fraiser, C.J., Barber, Diaz, King, and McMillin, JJ., concur. Bridges, P.J., dissents with separate written opinion to III joined by Thomas, P.J., Coleman and Southwick, JJ.


Thomas A. Coleman, J.
95-CA-00482-COA

Franklin, Janice Ann Carter v. Richard Adrion Franklin Appeal No. 9310355 from Judgment dated APRIL 14, 1995, Grenada County Chancery Court; The judgment of the Grenada County Chancery Court is affirmed. Costs of this appeal are assessed to the appellant.


Thomas A. Coleman, J.
94-CA-00919-COA

Williams, H. W. (Chuck) v. William H. Austin, Jr., George F. Barber, III, Bill Fuller, Larry James, Ben Smith and Jimmy D. Webster, Jr. Appeal No. CV91127 from Judgment dated AUGUST 19, 1994, DeSoto County Circuit Court; The order of the Desoto County Circuit Court denying appellant's motion for sanctions is affirmed. Costs are assessed to appellant.


Thomas A. Coleman, J.
94-CA-00019-COA

Heinrich-Downs, Julie v. Allstate Insurance Company Appeal No. 9112531BL from Judgment dated NOVEMBER 18, 1993, Leflore County Circuit Court; The judgment of the Circuit Court of Leflore County is affirmed. Appellant is taxed with the costs of this appeal.


Oliver E. Diaz, Jr., J.
94-KA-00849-COA

Rummel, Herb a/k/a Herbert Thomas Rummel v. City of Brandon Appeal No. 4316 from Judgment dated AUGUST 16, 1994, Rankin County Circuit Court; The judgment and conviction of the Rankin County Circuit Court of speeding and to pay a fine of $33.50, driving under the influence of intoxicating liquor and to pay a fine of $400.00, and other conditions is affirmed. Costs of this appeal are taxed to the appellant. Bridges, P.J., not participating.


Mary Libby Payne, J.
94-CA-00443-COA

Oaks, Curtis, IN THE MATTER OF THE ESTATE OF, Deceased: Peggy Attaway v. Freddie H. Oaks, Executor of The Estate of Curtis Oaks Appeal No. 14827 from Judgment dated APRIL 13, 1994, Union County Chancery Court; DISPOSITION - Petition for Rehearing denied. Order entered. McMillin, J., not participating.


Leslie D. King, J.
94-KA-00805-COA

Taylor, Albert S. v. State of Mississippi Appeal No. LK93219 from Judgment dated JULY 29, 1994, Lafayette County Circuit Court; The conviction of the Lafayette County Circuit Court of jail escape is affirmed; the sentence of life imprisonment as an habitual offender is reversed; and this cause is remanded to the Lafayette County Circuit Court for resentencing. Costs are assessed against Lafayette County. Fraiser, C.J., dissents with separate written opinion joined by Payne, J.


EN BANC
94-CA-00657-COA

S. G. v. T. W. M. Appeal No. 1001 from Judgment dated MAY 06, 1994, Union County Chancery Court Youth Court Division; DISPOSITION - Petition for Rehearing denied. Order entered. McMillin and Payne, JJ., not participating.


Mary Libby Payne, J.
95-CA-00041-COA

Dupree, Yolanda v. Ken Davis, d/b/a Funtime, USA Appeal No. 9322585 from Judgment dated MAY 03, 1994, Harrison County Circuit Court, First Judicial District; DISPOSITION - Petition for Rehearing denied. Order entered.


Frank D. Barber, J.
93-KA-00542-COA

Bounds, Kenneth L. v. State of Mississippi Appeal No. 48592 from Judgment dated MAY 11, 1993, Lauderdale County Circuit Court; DISPOSITION - Petition for Rehearing denied. Order entered.


Roger H. McMillin, Jr., J.
94-CA-00266-COA

Epperson, Jr., Charlie Lafayette v. Mary Suzanne Chatham Epperson Appeal No. 89121144 from Judgment dated DECEMBER 09, 1993, DeSoto County Chancery Court; DISPOSITION - Appellee's Motion to Strike portions of appellant's rebuttal brief passed for consideration on the merits. Order entered.


Frank D. Barber, J.
95-CA-00057-COA

Overbey, Lee v. Rachel Lee Overbey Austin Appeal No. 25725 from Judgment dated NOVEMBER 07, 1994, Leflore County Chancery Court; DISPOSITION - Motion of appellee to strike language in reply brief passed for consideration on the merits. Order entered.


Leslie H. Southwick, J.
95-CA-00128-COA

Tramontana, Joseph and Barbara Gholson v. Susannah Smith Appeal No. 9222345 from Judgment dated JULY 26, 1994, Harrison County Circuit Court, First Judicial District; DISPOSITION - Joint Motion of Carol Stone to withdraw as counsel and Walter Ray NeCaise, Jr. to be substituted as counsel granted. Order entered - Appellee's Motion for supplemental brief denied. Order entered. - Appellee's Motion for oral argument denied. Order entered.


Mary Libby Payne, J.
93-CA-00019-COA

Walker, Emmye Smith Janoush, Individually and as Natural Guardian, Next Friend and Mother of Jesse Beth Janoush and Milton Bradford Janoush, Minors, and William Harrison Walker, Jr. v. John Janoush Appeal No. 25979 from Judgment dated JUNE 05, 1992, Bolivar County Chancery Court, Second Judicial District; The judgment of the Bolivar County Chancery Court is reversed and remanded for further proceedings not inconsistent with this opinion. Costs are to be divided equally between the appellant and the appellee.(CONSOLIDATED WITH) U 92-CA-00682-COA Emmye Smith Janoush Walker, Individually and as Natural Guardian, Next Friend and Mother of Jesse Beth Janoush and Milton Bradford Janoush, Minors, and William Harrison Walker, Jr. v. John Janoush; Appeal No. 25979 from Judgment dated JUNE 05, 1992, Bolivar County Chancery Court, Second Judicial District


Mary Libby Payne, J.
92-CA-00682-COA

Walker, Emmye Smith Janoush, Individually and as Natural Guardian, Next Friend and Mother of Jesse Beth Janoush and Milton Bradford Janoush, Minors, and William Harrison Walker, Jr. v. John Janoush Appeal No. 25979 from Judgment dated JUNE 05, 1992, Bolivar County Chancery Court, Second Judicial District; (CONSOLIDATED WITH) 93-CA-00019-COA Emmye Smith Janoush Walker, Individually and as Natural Guardian, Next Friend and Mother of Jesse Beth Janoush and Milton Bradford Janoush, Minors, and William Harrison Walker, Jr. v. John Janoush; Appeal No. 25979 from Judgment dated JUNE 05, 1992, Bolivar County Chancery Court, Second Judicial District; The judgment of the Bolivar County Chancery Court is reversed and remanded for further proceedings not inconsistent with this opinion. Costs are to be divided equally between the appellant and the appellee.


Mary Libby Payne, J.
94-CA-00777-COA

Aust, P. Hale v. ESTATE OF WILLIAM RAYMOND PARKER Appeal No. 92085 from Judgment dated JUNE 02, 1994, Prentiss County Circuit Court; The judgment of the Circuit Court of Prentiss County is affirmed except that we remand with instruction to the court to recalculate the prejudgment interest at a rate of 8%. All costs of this appeal are taxed to appellant. DISPOSITION - Appellant's Motion to Strike statements in appellee's brief denied. Order entered.


Mary Libby Payne, J.
93-KA-01088-COA

Minnieweather, Hosea a/k/a Hosie L. Minnieweather v. State of Mississippi Appeal No. 6920 from Judgment dated APRIL 22, 1993, Montgomery County Circuit Court; The judgment of the Circuit Court of Montgomery County of conviction of manslaughter and sentence of fifteen (15) years in the Mississippi Department of Corrections is reversed and remanded for a new trial. All costs of this appeal are taxed to Montgomery County. Southwick, J., dissents with separate written opinion joined by Fraiser, C.J., Bridges, P.J., and McMillin, J.


Leslie H. Southwick, J.
95-CA-00445-COA

Sharp, Jimmy Ray v. Dorothy J. Sharp Appeal No. 942119 from Judgment dated MARCH 14, 1995, Jackson County Chancery Court; The judgment of the Jackson County Chancery Court is affirmed as to all aspects except for the award of alimony, which is reversed and remanded for further proceedings consistent with this opinion. The parties are to bear their respective costs of this appeal.


Leslie H. Southwick, J.
95-KA-00191-COA

Pinter, Jeanette v. State of Mississippi Appeal No. 4556 from Judgment dated FEBRUARY 23, 1995, Scott County Circuit Court; The judgment of conviction of the Scott County Circuit Court and sentence of six (6) years with 3 years suspended and 5 years probation in the custody of the Mississippi Department of Corrections; order of payment of restitution and a fine of One Thousand Dollars ($1,000.00), are affirmed. All costs of this appeal are taxed to the appellant.


Leslie H. Southwick, J.
95-KA-00049-COA

Brassell, Oshea Eugene v. State of Mississippi Appeal No. CR940005 from Judgment dated DECEMBER 22, 1994, Panola County Circuit Court, First Judicial District; The judgment of the Panola County Circuit Court of conviction of aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to Panola County.


Leslie H. Southwick, J.
93-KA-00730-COA

Edwards, Carol Ann v. State of Mississippi Appeal No. 3969 from Judgment dated JUNE 04, 1993, Rankin County Circuit Court; The judgment of the Rankin County Circuit Court of conviction of manslaughter by culpable negligence and sentence of 18 years in the custody of the Mississippi Department of Corrections is affirmed. All costs of this appeal are taxed to the appellant.


James E. Thomas, P.J.
94-KA-01137-COA

Brooks, Derrick a/k/a Derrick Lavonia Brooks v. State of Mississippi Appeal No. 23727 from Judgment dated JULY 25, 1994, Washington County Circuit Court; The conviction of aggravated assault with a deadly weapon and sentence of the Washington County Circuit Court are reversed and the case remanded for a new trial. Costs are taxed to Washington County. King, J., not participating.


James E. Thomas, P.J.
94-CA-00732-COA

Crechale, Kenneth John v. Robert John Crechale Appeal No. 144923 from Judgment dated JUNE 24, 1994, Hinds County Chancery Court, First Judicial District; The judgment of the Hinds County Chancery Court denying Kenneth Crechale relief is affirmed. Costs are taxed to the appellant.


Leslie D. King, J.
95-KA-00232-COA

Johnson, Charlie v. State of Mississippi Appeal No. 93-189CR1 from Judgment dated December 7, 1994, Lowndes County Circuit Court; DISPOSITION -- Appellant's Motion for bail pending appeal dismissed as moot. Order entered.


PER CURIAM
95-CC-00855-COA

City of Jackson v. Edward Marion Stevens Appeal No. 95404 from Judgment dated JULY 31, 1995, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellee's Motion for expedited hearing dismissed as moot. Order entered.


James E. Thomas, P.J.
93-CA-00149-COA

Barrett, John Patrick and Gelinda Jones v. International Paper Company and Larry Fisher Appeal No. 38161 from Judgment dated DECEMBER 14, 1992, Hinds County Circuit Court, First Judicial District; DISPOSITION - Motion of appellant for clarification of opinion granted. Opinion rendered December 29, 1995, is withdrawn and the opinion rendered April 9, 1996, is substituted therefor. Order entered. The Hinds County Circuit Court judgment as to Barrett's liability and Barrett's and Jones' damages is reversed and remanded for a new trial. Costs are taxed to the appellees. Southwick, J., not participating. DISPOSITION - Appellee's Motion for suspension of M.R.A.P. 47 to allow attorney Gadow to participate in this case granted. Motion for additional time within which to file petition for rehearing granted. Petition for rehearing due by April 30, 1996. Order entered.


Oliver E. Diaz, Jr., J.
93-KA-01223-COA

Humphrey, Denville Lee v. State of Mississippi Appeal No. 11118 from Judgment dated SEPTEMBER 13, 1993, Lincoln County Circuit Court; The judgment of the Lincoln County Circuit Court of conviction of sale of cocaine with enhanced sentence and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections to run consecutively with Cause No. 10948, and to pay $2,500 fine is affirmed. Costs of this appeal are taxed to Lincoln County.


Leslie D. King, J.
93-CA-01395-COA

Savula, Martin J. and Barbra A. Koval-Savula v. Pittsburgh Corning Corporation, Fibreboard Corporation and AMG Industries, Inc. Appeal No. 9375239 from Judgment dated NOVEMBER 10, 1993, Hinds County Circuit Court, First Judicial District; The judgment of the First Judicial District of Hinds County Circuit Court is affirmed. Appellants are taxed with costs of this appeal.


Leslie D. King, J.
93-CA-01373-COA

Bennett, Robert A. and wife, Mary Alice Bennett v. Sawyer Real Estate, Inc. of Mississippi, Lenwood S. Sawyer, Jr., Real Estate Broker and Waffle House, Inc., A Georgia Corporation Appeal No. 18801 from Judgment dated OCTOBER 25, 1993, Harrison County Chancery Court, Second Judicial District; The judgment of the Chancery Court of Harrison County is reversed and remanded for proceedings consistent with this opinion. Costs of this appeal are taxed equally to the appellees. Southwick, J., dissents with separate opinion joined by Fraiser, C.J., McMillin and Payne, JJ. Thomas, P.J., not participating.


Leslie D. King, J.
93-KA-01331-COA

Miles, Bryant v. State of Mississippi Appeal No. 5705 from Judgment dated NOVEMBER 09, 1993, Coahoma County Court; The judgment of the County Court of Coahoma County Mississippi is reversed and remanded for proceedings consistent with the opinion. Costs of this appeal are taxed to Coahoma County.


Leslie D. King, J.
93-KA-01022-COA

Russell, Donnie v. State of Mississippi Appeal No. 8230 from Judgment dated JULY 22, 1993, Neshoba County Circuit Court; The Neshoba County Circuit Court conviction of capital rape and life sentence in Count I, and capital rape and life sentence in Count II to run concurrently to Count I, and conviction of sexual battery and sentence of ten years to run consecutively to Count I and Count II, are affirmed. Neshoba County is taxed with all costs of this appeal.


Mary Libby Payne, J.
94-CA-00278-COA

Walker, Pamela Williamson v. W. L. Turner Trucking, Inc. Appeal No. 8093 from Judgment dated DECEMBER 10, 1993, Coahoma County Circuit Court; The judgment of the Circuit Court of Coahoma County awarding Pamela Williamson Walker $80.00 damages is affirmed. Costs of this appeal are assessed to the appellant. King, J., dissents without written opinion.


Mary Libby Payne, J.
94-CA-00121-COA

Industrial Insurance Company of Hawaii, Inc. v. Elias Dabit d/b/a Oxford Street Appeal No. 3867 from Judgment dated DECEMBER 17, 1993, Madison County Circuit Court; The judgment of the Madison County Circuit Court is hereby reversed and remanded for proceedings not inconsistent with this opinion. Costs are assessed to the appellee. Bridges, P.J., not participating.


Mary Libby Payne, J.
93-KA-00802-COA

Clark, Garner Ted a/k/a Garner Tedd Clark v. State of Mississippi Appeal No. 26298 from Judgment dated JUNE 25, 1993, Harrison County Circuit Court, First Judicial District; The judgment of the Harrison County Circuit Court finding Garner Ted Clark guilty of armed robbery is reversed and this cause is remanded for further proceedings not inconsistent with this opinion. The costs of this appeal are assessed to Harrison County. Payne, J., dissents with separate written opinion joined by Barber, J. Thomas, P.J., not participating.


Mary Libby Payne, J.
94-CA-00863-COA

Morris, Carrie E. v. Larry B. Morris Appeal No. 61963 from Judgment dated MAY 02, 1994, Jackson County Chancery Court; The judgment of the Chancery Court of Jackson County is affirmed in part and reversed and remanded in part. All costs of this appeal are taxed to appellee. Bridges, P.J., concurs with separate written opinion.


Michael P. Mills, J.
X 94-CA-00192-SCT

Rea, Jimmy and Sammie C. Rea v. The Breakers Association, Inc. Appeal No. 032259 from Judgment dated JANUARY 31, 1994, Madison County Chancery Court; On Direct Appeal: Reversed and Rendered in Part; Reversed and Remanded in Part for proceedings consistent with the opinion of this Court. On Cross-Appeal: Reversed and Rendered. Appellee is taxed with all costs of this appeal.


James W. Smith, J.
92-KA-01319-SCT

Smith, Necko v. State of Mississippi Appeal No. 14297A from Judgment dated DECEMBER 05, 1992, Copiah County Circuit Court; Before Dan Lee, C.J., McRae and Smith, JJ.: COUNT I: Conviction of conspiracy to commit armed robbery and Sentence of five (5) years in the custody of the Mississippi Department of Corrections Affirmed. COUNT II: Conviction of armed robbery and Sentence of thirty (30) years in the custody of the Mississippi Department of Corrections Affirmed. Copiah County is taxed with all costs of this appeal. DISPOSITION - Petitioner's Petition for Writ of Habeas Corpus dismissed as moot. Order entered.


James W. Smith, J.
XX 93-CC-00143-SCT

Mississippi Employment Security Commission and Ocean Springs School District v. James F. Harris Appeal No. 9251081 from Judgment dated JANUARY 07, 1993, Jackson County Circuit Court; Reversed and Rendered. McRae, J., Dissents with Separate Written Opinion. Appellee is taxed with all costs of this appeal.


James W. Smith, J.
93-CC-00321-SCT

Trader, Sam v. Nordan Smith Welding Supply and United States Fidelity and Guaranty Company Appeal No. 9273194 from Judgment dated MARCH 15, 1993, Hinds County Circuit Court, First Judicial District; Before Dan Lee, C.J., McRae and Smith, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


James W. Smith, J.
93-CA-00380-SCT

Ernst, Jr., Joseph Francis v. Violet Freeman Appeal No. 37501 from Judgment dated MARCH 11, 1993, Adams County Chancery Court; Before Dan Lee, C.J., McRae and Smith, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
93-CA-00429-SCT

Perrigin, Louise v. Helen L. Perrigin Appeal No. 6776 from Judgment dated MARCH 16, 1993, Choctaw County Chancery Court; Before Prather, P.J., Roberts and Mills, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Chuck McRae, J.
X 92-CA-01096-SCT

Monticello Insurance Company and Acceptance Insurance Company v. Joyce Mooney and First National Bank of Pontotoc Appeal No. 17634 from Judgment dated SEPTEMBER 23, 1992, Pontotoc County Chancery Court; Judgment is Affirmed. Statutory penalty is awarded. Roberts, J., Not Participating. Appellants are taxed with all costs of this appeal.


Fred L. Banks, J.
92-CA-00378-SCT

Smith, Robert Lee, Executor of the Estate of Henderson Smith, Deceased v. Lorene Smith Appeal No. 28735 from Judgment dated MARCH 17, 1992, Madison County Chancery Court; Before Prather, P.J., Banks and Smith, JJ.: Judgment is Affirmed. Lee, C. J., Not Participating. Appellant is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
U 92-CA-00960-SCT

Chambers, Willie C., Donald Scott and Ann Scott v. Edward Little and Dannie Little Appeal No. 18044 from Judgment dated AUGUST 20, 1992, Pontotoc County Chancery Court; Judgment is Affirmed. Roberts, J., Not Participating. Appellants are taxed with all costs of this appeal. DISPOSITION - Appellees' motion to strike granted. The portion of the Appellants' Brief referring to the computer generated survey and objected to by the Appellees shall be excised from the State's brief. Order entered.


Edwin Lloyd Pittman, J.
U 92-CA-01330-SCT

Greathouse, John P. v. Emily Judith McCarty, Douglas L. Jackson and wife, Sally H. Jackson Appeal No. 19752 from Judgment dated MAY 24, 1991, Harrison County Chancery Court, Second Judicial District; Judgment is Affirmed. Appellant is taxed with all costs of this appeal. DISPOSITION - Appellees' motion for attorney fees granted. Pursuant to Mississippi Supreme Court Rule 38, Appellees are awarded damages in the amount of their attorney's fees. John P. Greathouse should pay $829.87 in attorney's fees to the Appellees. Order entered.


Edwin Lloyd Pittman, J.
U 93-KP-00324-SCT

Scafidel, Jerry L. v. State of Mississippi Appeal No. 13964A from Judgment dated FEBRUARY 26, 1993, Pike County Circuit Court; Appeal dismissed with prejudice. Pike County is taxed with all costs of this appeal.


EN BANC
91-KA-00851-

Banks, Anthony v. State of Mississippi Appeal No. 7833 from Judgment dated AUGUST 08, 1991, Coahoma County Circuit Court; DISPOSITION - Appellee's Motion to Withdraw Opinion Following Dismissal of Indictment denied. Order entered.


EN BANC
XX 92-CA-00515-SCT

Garrard, Jr., Joseph B., Major I. E. Carnley and Mrs. Milton E. George v. City of Ocean Springs, Mississippi Appeal No. 915349 from Judgment dated APRIL 15, 1992, Jackson County Circuit Court; Reversed and Remanded. Pittman, J., Prather and Sullivan, P.JJ., Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Specially Concurs with Separate Written Opinion. Lee, C.J., Not Participating. Appellee is taxed with all costs of this appeal. DISPOSITION - Appellee's motion to supplement the record or in the alternative, to take judicial notice of certain facts denied. Order entered.


EN BANC
XX 92-CA-00517-SCT

Marcum, Joseph P. v. Mississippi Valley Gas Company, Inc. and L. M. Mermelstein Appeal No. 36147 from Judgment dated APRIL 24, 1992, Hinds County Circuit Court, First Judicial District; Judgment is Affirmed. Mills, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts and Smith, JJ., Concur. McRae, J., Dissents with Separate Written Opinion. Appellant is taxed with all costs of this appeal. DISPOSITION - Appellee's motion to supplement the record dismissed as moot.


EN BANC
XX 92-CC-00708-SCT

Phillips, James Truitt v. Mississippi Veterans' Home Purchase Board Appeal No. 9271264 from Judgment dated JUNE 03, 1992, Hinds County Circuit Court, First Judicial District; Judgment is Affirmed. Pittman, J., Lee, C.J., Sullivan, P.J., Roberts and Mills, JJ., Concur. Prather, P.J., Dissents with Separate Written Opinion joined by Banks, McRae and Smith, JJ. Appellant is taxed with all costs of this appeal.


EN BANC
93-CT-00921-COA

Providence Washington Insurance Company v. Carol English, As Adminstratrix of the Estate of John Wesley Webb, Russell Chase Webb, By And Through His Mother and Next Friend, Kimberly Byrd Webb and Kimberly Byrd Webb, Individually Appeal No. 9167396 from Judgment dated AUGUST 03, 1993, Hinds County Circuit Court, First Judicial District; DISPOSITION - Appellant's Petition for Writ of Certiorari granted. To Grant: Prather and Sullivan, P.JJ., Pittman, Banks, McRae, Roberts and Smith, JJ. To Deny: Mills, J.; Lee, C.J., Not Participating. Order entered.


EN BANC
93-DP-01470-SCT

Smith, Clyde Wendell v. State of Mississippi Appeal No. 22161 from Judgment dated JULY 01, 1993, Leflore County Circuit Court; DISPOSITION - Appellant's Motion for Continuance granted. Order entered.


EN BANC
94-CT-00181-SCT

Hill, Thomas v. Willie Gooden, Ed Hargett and Eddie Lucas Appeal No. 9315613 from Judgment dated DECEMBER 20, 1993, Sunflower County Circuit Court; Appellant's Petition for Writ of Certiorari dismissed. Lee, C.J., Prather and Sullivan, P.JJ., Banks, Roberts, Smith and Mills, JJ., Concur. McRae, J., Dissents. Pittman, J., Not Participating. Sunflower County is taxed with all costs of this appeal. Order entered.


EN BANC
95-BA-00062-SCT

Mississippi Bar, The v. Attorney AA Appeal No. 94B58 from Judgment dated DECEMBER 02, 1994, Complaint Tribunal; DISPOSITION - On Court's own motion Attorney AA shall respond to Complaint Tribunal's findings in Cause No. 94-B-00058. Show Cause Order entered.


EN BANC
96-M -00114-SCT

In Re: Kirk Fordice, As Governor of the State of Mississippi Appeal No. 941429 Jackson County Chancery Court; DISPOSITION - In accordance with M.R.A.P. 21(d), the respondent in this case, Mike Moore, as Attorney General of the State of Mississippi, shall, on or before April 15, 1996, file a response to the Petition for Writ of Mandamus and Prohibition and for Declaratory Judgment. In accordance with M.R.A.P. 21(f), ten copies shall be filed with the original response. McRae, J., Dissents. Order entered.