Mississippi Supreme Court

Hand Down Lists
April 04, 2002

04/04/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L., Jr.
X 2000-KA-01831-SCT

Poole, Robert Jr. a/k/a Robert Reed, Jr. v. State of Mississippi Tallahatchie Circuit Court 1st District; LC Case#: CR99-50-B-T1; Ruling Date: 10/18/2000; Ruling Judge: Andrew Baker; Majority Opinion: Waller, J. Disposition: Count I: Conviction of conspiracy to commit robbery and sentence of five (5) years, as a habitual offender, in the custody of the Mississippi Department of Corrections, affirmed. Count II: Conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, affirmed. Said sentences shall run consecutively. Tallahatchie County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, J., Diaz, J., Easley, J., Graves, J., Concur. McRae, P.J., Concurs in result only. Carlson, J., Not Participating.

McRae, Chuck
X 2000-CA-01539-SCT

Anderson, Lora, Individually and as Natural Parent of Alisha Anderson, Deceased, A Minor, on Behalf of All Wrongful Death Beneficiaries v. Claiborne County Recreation Club, Incorporated; Claiborne County Recreational Association; Helen Slay; Malcolm Montgomery; Danny Lurk; Jo Ann Lurk; Tony Dodgen; Cathi Dodgen; Judy Hynum; Ronnie Hynum; Mrs. Charles Barland; Ronnie Brown; Nancy Hynum; Jim H Claiborne Circuit Court; LC Case#: 96-0167; Ruling Date: 08/08/2000; Ruling Judge: Lamar Pickard; Majority Opinion: McRae, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, J., Diaz, J., Carlson, J., Graves, J., Concur. Cobb, J., Easley, J., Dissent Without Separate Written Opinion.

McRae, Chuck
XX 2000-CA-01707-SCT

Public Employees' Retirement System and Mississippi Highway Safety Patrol v. Brenda Langham Covington Chancery Court; LC Case#: 99-110; Ruling Date: 07/02/2001; Ruling Judge: J. Buffington; Majority Opinion: McRae, P.J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Affirmed in Part and Reversed and Remanded in Part. Appellants taxed with costs of appeal. Votes: Diaz, J., Easley, J., Carlson, J., Graves, J., Concur. Concurring in Part and Dissenting in Part Opinion: Pittman, C.J. Votes: Smith, P.J., Waller, J., Cobb, J., Join.

Pittman, Edwin Lloyd
X 2000-CA-00966-SCT

Morgan, Steven Derek and Rachelle Majure Morgan v. Jackie West Washington Chancery Court; LC Case#: 98-0208; Ruling Date: 06/14/2000; Ruling Judge: Jane Weathersby; Majority Opinion: Pittman, C.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellee taxed with costs of appeal. Votes: Smith, P.J., Waller, J., Cobb, J., Diaz, J., Carlson, J., Graves, J., Concur. McRae, P.J., Easley, J., Concur in result only.

Pittman, Edwin Lloyd
X 2001-KA-00159-SCT

Jefferson, Fitzgerald v. State of Mississippi Marion Circuit Court; LC Case#: K00-077P; Ruling Date: 12/12/2000; Ruling Judge: R. Prichard, III; Majority Opinion: Pittman, C.J. Disposition: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, affirmed. Marion County taxed with costs of appeal. Votes: McRae, P.J., Smith, P.J., Waller, J., Diaz, J., Easley, J., Carlson, J., Graves, J., Concur. Cobb, J., Concurs in result only.

EN BANC
89-R-99001-SCT

Rules of Civil Procedure, In Re: The Disposition: On Court's own motion, the Comment to Rule 79(a) of the Mississippi Rules of Civil Procedure is amended as set out in Exhibit "A" attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Order entered.

EN BANC
89-R-99001-SCT

Rules of Civil Procedure, In Re: The Disposition: On October 25, 2001, the draft of the proposed revised Mississippi Code of Judicial Conduct was published and comments and other suggestions were solicited from the public, the Mississippi judiciary, the Mississippi Bar, other bar organizations and members of the bar. Comments and suggestions were received after the closure of the period for public comment and were fully considered by the Court for revision and adoption. Thereafter, by order issued on February 8, 2002, the proposed Mississippi Code of Judicial Conduct, with revisions and the proposed amendments of the associated procedural rules, were disseminated to the Conference of Circuit Court Judges, the Conference of Chancery Court Judges and the Conference of County Court Judges for review and further comments and suggestions. Further comments and suggestions were thereafter received and these also have been fully considered by this Court. This Court now finds that the adoption of this revised Mississippi Code of Judicial Conduct, the repeal of the existing Code of Judicial Conduct, and the adoption of the specified amendments to the procedural rules will promote the fair and efficient administration of justice. On Court's own motion, the Mississippi Code of Judicial Conduct as set forth in Exhibit "A" attached to this order is hereby adopted, replacing the existing Code of Judicial Conduct, which is hereby repealed as of the entry of this order. On Court's own motion, the Mississippi Rules of Civil Procedure are hereby amended by the addition of Rule 16A as set forth in Exhibit "B" attached to this order. On Court's own motion, the Uniform Rules of Circuit and County Court Practice are hereby amended by the addition of Rule 1.15 as set forth in Exhibit "C" attached to this order. On Court's own motion, the Uniform Chancery Court Rules are hereby amended by the addition of Rule 1.11 as also set forth in Exhibit "C" attached to this order. On Court's own motion, the Mississippi Rules of Appellate Procedure are hereby amended by the addition of Rule 48B as set forth in Exhibit "D" attached to this order. The Petition of the Mississippi Commission on Judicial Performance is granted and Rule 6A of the Rules of the Mississippi Commission on Judicial Performance is amended as set forth in Exhibit "E" attached to this order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Pittman, C.J., Smith, P.J., and Waller, Cobb and Carlson, JJ., Concur in this Order. McRae, P.J., Dissents with Separate Statement to follow. Diaz, J., Concurs in Part and Dissents in Part with Separate Statement joined by Graves, J. Easley, J., Dissents. Graves, J., Concurs in Part and Dissents in Part with Separate Statement joined by Diaz, J. Order entered.

EN BANC
89-R-99006-SCT

Uniform Chancery Court Rules, In Re: Disposition: On October 25, 2001, the draft of the proposed revised Mississippi Code of Judicial Conduct was published and comments and other suggestions were solicited from the public, the Mississippi judiciary, the Mississippi Bar, other bar organizations and members of the bar. Comments and suggestions were received after the closure of the period for public comment and were fully considered by the Court for revision and adoption. Thereafter, by order issued on February 8, 2002, the proposed Mississippi Code of Judicial Conduct, with revisions and the proposed amendments of the associated procedural rules, were disseminated to the Conference of Circuit Court Judges, the Conference of Chancery Court Judges and the Conference of County Court Judges for review and further comments and suggestions. Further comments and suggestions were thereafter received and these also have been fully considered by this Court. This Court now finds that the adoption of this revised Mississippi Code of Judicial Conduct, the repeal of the existing Code of Judicial Conduct, and the adoption of the specified amendments to the procedural rules will promote the fair and efficient administration of justice. On Court's own motion, the Mississippi Code of Judicial Conduct as set forth in Exhibit "A" attached to this order is hereby adopted, replacing the existing Code of Judicial Conduct, which is hereby repealed as of the entry of this order. On Court's own motion, the Mississippi Rules of Civil Procedure are hereby amended by the addition of Rule 16A as set forth in Exhibit "B" attached to this order. On Court's own motion, the Uniform Rules of Circuit and County Court Practice are hereby amended by the addition of Rule 1.15 as set forth in Exhibit "C" attached to this order. On Court's own motion, the Uniform Chancery Court Rules are hereby amended by the addition of Rule 1.11 as also set forth in Exhibit "C" attached to this order. On Court's own motion, the Mississippi Rules of Appellate Procedure are hereby amended by the addition of Rule 48B as set forth in Exhibit "D" attached to this order. The Petition of the Mississippi Commission on Judicial Performance is granted and Rule 6A of the Rules of the Mississippi Commission on Judicial Performance is amended as set forth in Exhibit "E" attached to this order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Pittman, C.J., Smith, P.J., and Waller, Cobb and Carlson, JJ., Concur in this Order. McRae, P.J., Dissents with Separate Statement to follow. Diaz, J., Concurs in Part and Dissents in Part with Separate Statement joined by Graves, J. Easley, J., Dissents. Graves, J., Concurs in Part and Dissents in Part with Separate Statement joined by Diaz, J. Order entered.

EN BANC
89-R-99010-SCT

Rules of Discipline for the Mississippi Bar, In Re: Disposition: Petition to Amend Rule 12 of the Mississippi Rules of Discipline filed by The Mississippi Bar is granted to the extent of the relief granted herein. Rule 12 of the Rules of Discipline of The Mississippi Bar is amended as set forth in Exhibit "A" attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). McRae, P.J., and Diaz, Easley and Graves, JJ., would deny the petition. Order entered.

EN BANC
89-R-99013-SCT

Code of Judicial Conduct, In Re: Disposition: On October 25, 2001, the draft of the proposed revised Mississippi Code of Judicial Conduct was published and comments and other suggestions were solicited from the public, the Mississippi judiciary, the Mississippi Bar, other bar organizations and members of the bar. Comments and suggestions were received after the closure of the period for public comment and were fully considered by the Court for revision and adoption. Thereafter, by order issued on February 8, 2002, the proposed Mississippi Code of Judicial Conduct, with revisions and the proposed amendments of the associated procedural rules, were disseminated to the Conference of Circuit Court Judges, the Conference of Chancery Court Judges and the Conference of County Court Judges for review and further comments and suggestions. Further comments and suggestions were thereafter received and these also have been fully considered by this Court. This Court now finds that the adoption of this revised Mississippi Code of Judicial Conduct, the repeal of the existing Code of Judicial Conduct, and the adoption of the specified amendments to the procedural rules will promote the fair and efficient administration of justice. On Court's own motion, the Mississippi Code of Judicial Conduct as set forth in Exhibit "A" attached to this order is hereby adopted, replacing the existing Code of Judicial Conduct, which is hereby repealed as of the entry of this order. On Court's own motion, the Mississippi Rules of Civil Procedure are hereby amended by the addition of Rule 16A as set forth in Exhibit "B" attached to this order. On Court's own motion, the Uniform Rules of Circuit and County Court Practice are hereby amended by the addition of Rule 1.15 as set forth in Exhibit "C" attached to this order. On Court's own motion, the Uniform Chancery Court Rules are hereby amended by the addition of Rule 1.11 as also set forth in Exhibit "C" attached to this order. On Court's own motion, the Mississippi Rules of Appellate Procedure are hereby amended by the addition of Rule 48B as set forth in Exhibit "D" attached to this order. The Petition of the Mississippi Commission on Judicial Performance is granted and Rule 6A of the Rules of the Mississippi Commission on Judicial Performance is amended as set forth in Exhibit "E" attached to this order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Pittman, C.J., Smith, P.J., and Waller, Cobb and Carlson, JJ., Concur in this Order. McRae, P.J., Dissents with Separate Statement to follow. Diaz, J., Concurs in Part and Dissents in Part with Separate Statement joined by Graves, J. Easley, J., Dissents. Graves, J., Concurs in Part and Dissents in Part with Separate Statement joined by Diaz, J. Order entered.

EN BANC
89-R-99025-SCT

Uniform Rules of Circuit and County Courts, In Re: Disposition: On October 25, 2001, the draft of the proposed revised Mississippi Code of Judicial Conduct was published and comments and other suggestions were solicited from the public, the Mississippi judiciary, the Mississippi Bar, other bar organizations and members of the bar. Comments and suggestions were received after the closure of the period for public comment and were fully considered by the Court for revision and adoption. Thereafter, by order issued on February 8, 2002, the proposed Mississippi Code of Judicial Conduct, with revisions and the proposed amendments of the associated procedural rules, were disseminated to the Conference of Circuit Court Judges, the Conference of Chancery Court Judges and the Conference of County Court Judges for review and further comments and suggestions. Further comments and suggestions were thereafter received and these also have been fully considered by this Court. This Court now finds that the adoption of this revised Mississippi Code of Judicial Conduct, the repeal of the existing Code of Judicial Conduct, and the adoption of the specified amendments to the procedural rules will promote the fair and efficient administration of justice. On Court's own motion, the Mississippi Code of Judicial Conduct as set forth in Exhibit "A" attached to this order is hereby adopted, replacing the existing Code of Judicial Conduct, which is hereby repealed as of the entry of this order. On Court's own motion, the Mississippi Rules of Civil Procedure are hereby amended by the addition of Rule 16A as set forth in Exhibit "B" attached to this order. On Court's own motion, the Uniform Rules of Circuit and County Court Practice are hereby amended by the addition of Rule 1.15 as set forth in Exhibit "C" attached to this order. On Court's own motion, the Uniform Chancery Court Rules are hereby amended by the addition of Rule 1.11 as also set forth in Exhibit "C" attached to this order. On Court's own motion, the Mississippi Rules of Appellate Procedure are hereby amended by the addition of Rule 48B as set forth in Exhibit "D" attached to this order. The Petition of the Mississippi Commission on Judicial Performance is granted and Rule 6A of the Rules of the Mississippi Commission on Judicial Performance is amended as set forth in Exhibit "E" attached to this order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Pittman, C.J., Smith, P.J., and Waller, Cobb and Carlson, JJ., Concur in this Order. McRae, P.J., Dissents with Separate Statement to follow. Diaz, J., Concurs in Part and Dissents in Part with Separate Statement joined by Graves, J. Easley, J., Dissents. Graves, J., Concurs in Part and Dissents in Part with Separate Statement joined by Diaz, J. Order entered.

EN BANC
89-R-99014-SCT

Mississippi Commission on Judicial Performance Rules, In Re: Disposition: On October 25, 2001, the draft of the proposed revised Mississippi Code of Judicial Conduct was published and comments and other suggestions were solicited from the public, the Mississippi judiciary, the Mississippi Bar, other bar organizations and members of the bar. Comments and suggestions were received after the closure of the period for public comment and were fully considered by the Court for revision and adoption. Thereafter, by order issued on February 8, 2002, the proposed Mississippi Code of Judicial Conduct, with revisions and the proposed amendments of the associated procedural rules, were disseminated to the Conference of Circuit Court Judges, the Conference of Chancery Court Judges and the Conference of County Court Judges for review and further comments and suggestions. Further comments and suggestions were thereafter received and these also have been fully considered by this Court. This Court now finds that the adoption of this revised Mississippi Code of Judicial Conduct, the repeal of the existing Code of Judicial Conduct, and the adoption of the specified amendments to the procedural rules will promote the fair and efficient administration of justice. On Court's own motion, the Mississippi Code of Judicial Conduct as set forth in Exhibit "A" attached to this order is hereby adopted, replacing the existing Code of Judicial Conduct, which is hereby repealed as of the entry of this order. On Court's own motion, the Mississippi Rules of Civil Procedure are hereby amended by the addition of Rule 16A as set forth in Exhibit "B" attached to this order. On Court's own motion, the Uniform Rules of Circuit and County Court Practice are hereby amended by the addition of Rule 1.15 as set forth in Exhibit "C" attached to this order. On Court's own motion, the Uniform Chancery Court Rules are hereby amended by the addition of Rule 1.11 as also set forth in Exhibit "C" attached to this order. On Court's own motion, the Mississippi Rules of Appellate Procedure are hereby amended by the addition of Rule 48B as set forth in Exhibit "D" attached to this order. The Petition of the Mississippi Commission on Judicial Performance is granted and Rule 6A of the Rules of the Mississippi Commission on Judicial Performance is amended as set forth in Exhibit "E" attached to this order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Pittman, C.J., Smith, P.J., and Waller, Cobb and Carlson, JJ., Concur in this Order. McRae, P.J., Dissents with Separate Statement to follow. Diaz, J., Concurs in Part and Dissents in Part with Separate Statement joined by Graves, J. Easley, J., Dissents. Graves, J., Concurs in Part and Dissents in Part with Separate Statement joined by Diaz, J. Order entered.

EN BANC
89-R-99027-SCT

Mississippi Rules of Appellate Procedure, In Re: Disposition: On Court's own motion, Rule 40(b) of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Order entered.

EN BANC
89-R-99027-SCT

Mississippi Rules of Appellate Procedure, In Re: Disposition: On October 25, 2001, the draft of the proposed revised Mississippi Code of Judicial Conduct was published and comments and other suggestions were solicited from the public, the Mississippi judiciary, the Mississippi Bar, other bar organizations and members of the bar. Comments and suggestions were received after the closure of the period for public comment and were fully considered by the Court for revision and adoption. Thereafter, by order issued on February 8, 2002, the proposed Mississippi Code of Judicial Conduct, with revisions and the proposed amendments of the associated procedural rules, were disseminated to the Conference of Circuit Court Judges, the Conference of Chancery Court Judges and the Conference of County Court Judges for review and further comments and suggestions. Further comments and suggestions were thereafter received and these also have been fully considered by this Court. This Court now finds that the adoption of this revised Mississippi Code of Judicial Conduct, the repeal of the existing Code of Judicial Conduct, and the adoption of the specified amendments to the procedural rules will promote the fair and efficient administration of justice. On Court's own motion, the Mississippi Code of Judicial Conduct as set forth in Exhibit "A" attached to this order is hereby adopted, replacing the existing Code of Judicial Conduct, which is hereby repealed as of the entry of this order. On Court's own motion, the Mississippi Rules of Civil Procedure are hereby amended by the addition of Rule 16A as set forth in Exhibit "B" attached to this order. On Court's own motion, the Uniform Rules of Circuit and County Court Practice are hereby amended by the addition of Rule 1.15 as set forth in Exhibit "C" attached to this order. On Court's own motion, the Uniform Chancery Court Rules are hereby amended by the addition of Rule 1.11 as also set forth in Exhibit "C" attached to this order. On Court's own motion, the Mississippi Rules of Appellate Procedure are hereby amended by the addition of Rule 48B as set forth in Exhibit "D" attached to this order. The Petition of the Mississippi Commission on Judicial Performance is granted and Rule 6A of the Rules of the Mississippi Commission on Judicial Performance is amended as set forth in Exhibit "E" attached to this order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Pittman, C.J., Smith, P.J., and Waller, Cobb and Carlson, JJ., Concur in this Order. McRae, P.J., Dissents with Separate Statement to follow. Diaz, J., Concurs in Part and Dissents in Part with Separate Statement joined by Graves, J. Easley, J., Dissents. Graves, J., Concurs in Part and Dissents in Part with Separate Statement joined by Diaz, J. Order entered.

EN BANC
2000-CT-00209-SCT

Lenard, Ricky v. State of Mississippi Grenada Circuit Court; LC Case#: 7009; Ruling Date: 01/13/2000; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Ricky Lenard is denied. To Deny: All Justices. Order entered.

EN BANC
XXX 2000-CA-00213-SCT

B., C.L., IN THE MATTER OF ADOPTION: v. D.G.B., V.G.B. and M.B. Pearl River Chancery Court; LC Case#: 98-0001-AD; Ruling Date: 01/24/2000; Ruling Judge: James Thomas, Jr.; Majority Opinion: Pittman, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, P.J., Waller, J., Cobb, J., Easley, J., Carlson, J., Graves, J., Concur. Dissenting Opinion: McRae, P.J. Dissenting Opinion: Diaz, J. Votes: McRae, P.J., Joins.

EN BANC
X 2000-KA-00310-SCT

Thomas, Alvin II v. State of Mississippi Chickasaw Circuit Court 2nd District; LC Case#: 98-032; Ruling Date: 04/27/1999; Ruling Judge: Henry Lackey; Majority Opinion: Smith, P.J. Disposition: Conviction of murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, affirmed. Appellant shall pay $248 in court costs, 2% bond fee and $100 to the victim's compensation fund, and other conditions. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Waller, J., Cobb, J., Easley, J., Carlson, J., Concur. Diaz, J., Concurs in result only. McRae, P.J., Graves, J., Dissent Without Separate Written Opinion.

EN BANC
2000-CA-00404-SCT

Cooper Tire and Rubber Company v. Trudys Tuckier, Individually, and as Administratrix of the Estate of Laura Dawn Tuckier, Deceased, and as Representative of the Wrongful Death Beneficiaries Panola Circuit Court 1st District; LC Case#: CV-97-64-CP1; Ruling Date: 11/17/1999; Ruling Judge: George Carlson, Jr.; Disposition: Appellant's motion for rehearing is denied. Smith, P.J., Waller and Cobb, JJ., would grant. Carlson, J., not participating.

EN BANC
2000-CT-00867-SCT

George, Leighton Jr. a/k/a Leighton Ray George, Jr. v. State of Mississippi DeSoto Circuit Court; LC Case#: CR99-330-RD; Ruling Date: 05/11/2000; Ruling Judge: George Ready; Disposition: Petition for writ of certiorari filed by Leighton George, Jr., is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley and Graves, JJ. Not Participating: Carlson, J. Order entered.

EN BANC
X 2000-CA-00968-SCT

Boston, Louise, Administratrix of the Estate of Mae Evelyn Boston, Deceased v. Hartford Accident and Indemnity Company, Lafayette County, Mississippi, F. D. East, Vera Theobold, Bill Plunk, Ricky Miller, Lyndon Carpenter and John Thomas Hinds Circuit Court 1st District; LC Case#: 251-95-403; Ruling Date: 05/31/2000; Ruling Judge: R. Coleman; Majority Opinion: Pittman, C.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and Appellees taxed with costs of appeal. Votes: Smith, P.J., Waller, J., Diaz, J., Concur. McRae, P.J., Graves, J., Concur in result only . Easley, J., Dissents Without Separate Written Opinion. Cobb, J., Carlson, J., Not Participating.

EN BANC
XX 2000-CA-01487-SCT

Holcombe, Sidney L. v. Mildred Branton Holcombe Hinds Chancery Court 2nd District; LC Case#: G-10036 R/1; Ruling Date: 08/10/2000; Ruling Judge: Stuart Robinson; Majority Opinion: Pittman, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: McRae, P.J., Smith, P.J., Diaz, J., Carlson, J., Graves, J., Concur. Dissenting Opinion: Easley, J. Votes: Waller, J., Cobb, J., Join.

EN BANC
XX 2000-IA-01512-SCT

Stanford, Lori Ann and husband, Garry Stanford v. Charles Ray Parker, M.D. Alcorn Circuit Court; LC Case#: 99-121 F-A; Ruling Date: 08/29/2000; Ruling Judge: Barry Ford; Majority Opinion: Diaz, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Easley, J., Carlson, J., Graves, J., Concur. Dissenting Opinion: Smith, P.J. Votes: Waller, J., Cobb, J., Join.

EN BANC
XXX 92-CA-00829-SCT

Moeller, Armin J. Jr. and Fuselier, Ott & McKee, P. A., Louis Fuselier, Emile C. Ott and Curtiss McKee, Individually v. American Guarantee and Liability Insurance Company Hinds Chancery Court 1st District; LC Case#: 124266; Ruling Date: 07/24/1992; Ruling Judge: Robert Sugg; Consolidated With 2000-CA-01678-SCT Fuselier, Ott & McKee, P.A.; Louis Fuselier, Emile C. Ott, and M. Curtiss McKee, Individually v. American Guarantee and Liability Insurance Company; Hinds Chancery Court 1st District; LC Case#: 124,266; Ruling Date: 08/30/2000; Ruling Judge: R. Reeves, Jr.; Majority Opinion: Pittman, C.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and Appellee taxed with costs of appeal. Votes: Waller, J., Cobb, J., Carlson, J., Graves, J., Concur. Concurring in Part and Dissenting in Part Opinion: McRae, P.J. Concurring in Part and Dissenting in Part Opinion: Smith, P.J. Votes: Diaz, J., Easley, J., Join.

EN BANC
2000-KA-01817-SCT

Hicks, Gregory v. State of Mississippi Montgomery Circuit Court; LC Case#: 2000-0034CR; Ruling Date: 10/17/2000; Ruling Judge: Joseph Loper, Jr.; Disposition: Appellant's motion for rehearing is denied.

EN BANC
XX 2000-CA-02050-SCT

Harrison County Board of Supervisors,The v. Carlo Corporation, Inc. Harrison Circuit Court 2nd District; LC Case#: 98-00269; Ruling Date: 08/01/2000; Ruling Judge: John Whitfield; Majority Opinion: Easley, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: McRae, P.J., Diaz, J., Carlson, J., Graves, J., Concur. Dissenting Opinion: Smith, P.J. Votes: Pittman, C.J., Waller, J., Cobb, J., Join.

EN BANC
X 2001-CC-00119-SCT

Grant, James, Dan Laird and Louis Alexander v. City of Columbus Lowndes Circuit Court; LC Case#: 2000-0067-CV1; Ruling Date: 01/04/2001; Ruling Judge: John Montgomery; Majority Opinion: Cobb, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, J., Diaz, J., Carlson, J., Graves, J., Concur. McRae, P.J., Easley, J., Dissent Without Separate Written Opinion.

EN BANC
2001-M-01372

Wal-Mart Super Center and Besam, INC. v. Eva Long Lee County Court; LC Case#: 00-0623; Ruling Judge: James Floyd, III; Disposition: Petition for interlocutory appeal filed by Wal-Mart Super Center and Besam, Inc., is granted. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Carlson and Graves, JJ. To Deny: McRae, P.J., and Easley, J. Order entered.

EN BANC
2001-M-01558

Mabus, Julie v. St. James Episcopal Church, Episcopal Diocese of Mississippi, Inc., Jerry McBride and John Does 1-10 Hinds Circuit Court 1st District; LC Case#: 251-01-23CIV; Ruling Date: 09/18/2001; Ruling Judge: L. Hilburn; Disposition: Motion for stay of proceedings pending certiorari to the United State Supreme Court filed by the Episcopal Diocese of Mississippi, Inc., is granted. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz and Carlson, JJ. To Deny: McRae, P.J., and Easley, J. Not Participating: Graves, J. Order entered.

EN BANC
2001-M-01965

Conseco Finance Servicing Corp. v. James E. Owens and Anjuana Owens Smith Circuit Court; LC Case#: 2001-130; Ruling Date: 12/10/2001; Ruling Judge: Robert Evans; Disposition: Petition for permission to appeal interlocutory order filed by Conseco is granted. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz and Carlson, JJ. To Deny: McRae, P.J., Easley and Graves, JJ. Order entered.