Mississippi Supreme Court

Hand Down Lists
April 13, 2000

04/13/2000 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, James W., Jr.
X 1999-CC-00937-SCT

Hodge, Jimmy D. v. Mississippi Employment Security Commission and Peacock & Peacock, Inc. Smith Circuit Court; LC Case#: 990047; Ruling Date: 04/26/1999; Ruling Judge: Robert Evans; Majority Opinion: Smith, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, P.J., McRae, J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur.


Pittman, Edwin Lloyd
X 1998-SA-01293-SCT

Oxy USA, Inc. v. Mississippi State Tax Commission Hinds Chancery Court 1st District; LC Case#: G97124; Ruling Date: 08/03/1998; Ruling Judge: Pat Wise; Majority Opinion: Pittman, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Prather, C.J., Banks, P.J., Smith, J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur. McRae, J., Dissents Without Separate Written Opinion.


Pittman, Edwin Lloyd
XX 1998-CA-01533-SCT

Leslie, Roy v. City of Biloxi and John Campbell Harrison Circuit Court 2nd District; LC Case#: 9700249; Ruling Date: 09/09/1998; Ruling Judge: Robert Walker; Majority Opinion: Pittman, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Prather, C.J., Banks, P.J., Smith, J., Mills, J., Waller, J., Cobb, J., Concur. Dissenting Opinion: McRae, J. Votes: Diaz, J., Joins.


Pittman, Edwin Lloyd
X 1998-CA-01652-SCT

Sumrall, Doyle Frazier v. Donna Jefferys Sumrall Munguia Lowndes Chancery Court; LC Case#: 19432; Ruling Date: 10/21/1998; Ruling Judge: Dorothy Colom; Majority Opinion: Pittman, P.J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and Appellee taxed with costs of appeal. Votes: Prather, C.J., Banks, P.J., Smith, J., Mills, J., Waller, J., Cobb, J., Diaz, J., Concur. McRae, J., Dissents Without Separate Written Opinion.


EN BANC
89-R-99001-SCT

In Re: The Rules of Civil Procedure Disposition: Petition of the Mississippi Supreme Court Rules Advisory Committee for amendment of certain rules, comments and historical notes to the Mississippi Rules of Civil Procedure, granted. Comment to Rule 4 shall be amended as set forth in Appendix A to the order. Comment to Rule 9 shall be amended as set forth in Appendix B to the order. Rule 10(d) and the accompanying comment shall be amended as set forth in Appendix C to the order with the addition of the historical note indicated therein. Rule 16 and the accompanying comment and historical note shall be amended as set forth in Appendix D to the order. Rule 26(c) and the accompanying comment and historical note shall be amended as set forth in Appendix E to this order. Rule 33 and the accompanying comment and historical note shall be amended as set forth in Appendix F to the order. Rule 53(c) and the accompanying comment and historical note shall be amended as set forth in Appendix G to this order. Rule 81 and the accompanying comment and historical note shall be amended as set forth in Appendix H to the order. All amendments shall be effective upon entry of this order. The Clerk of this Court shall spread this order upon the minutes of this Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Banks, P.J., would deny amendment of Rules 4, 9 and 10(d). McRae, J., would deny amendment of Rules 16, 26(c) and 53(c). Order entered.


EN BANC
89-R-99027-SCT

In Re: Mississippi Rules of Appellate Procedure Disposition: On Court's own motion and the suggestion of Judge Leslie Southwick of the Mississippi Court of Appeals, M.R.A.P. 40 and the comment thereto shall be amended as set forth in Appendix A attached to the order. The Clerk of this Court shall spread this order upon the minutes of this Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and in the next edition of Mississippi Rules of Court. Order entered.


EN BANC
XX 98-CT-00261-SCT

Grant, Robin Humphrey Martin v. Scott Alan Martin, Larry Martin and Peggy Martin Hinds Chancery Court 1st District; LC Case#: G942754; Ruling Date: 01/13/1998; Ruling Judge: Pat Wise; Majority Opinion: Cobb, J. Disposition: Reversed and Remanded. Scott Alan Martin, Larry Martin and Peggy Martin taxed with costs of appeal. Votes: Prather, C.J., Banks, P.J., Smith, J., Waller, J., Concur. Mills, J., Diaz, J., Not Participating. Concurring in Part and Dissenting in Part Opinion: McRae, J. Votes: Pittman, P.J., Joins.


EN BANC
XXX 1998-CA-01171-SCT

Henderson, Mary K. Lawson v. Howard Hugh Henderson Madison Chancery Court; LC Case#: 32416; Ruling Date: 06/17/1998; Ruling Judge: William Lutz; Majority Opinion: Mills, J. Disposition: Affirmed in Part; Reversed in Part and Remanded. Appellant and Appellee taxed with costs of appeal. Votes: Prather, C.J., Banks, P.J., Waller, J., Cobb, J., Concur. Diaz, J., Not Participating. Dissenting Opinion: Smith, J. Votes: Pittman, P.J., Joins. Concurring in Part and Dissenting in Part Opinion: McRae, J.


EN BANC
1998-CT-01297-SCT

Berry, Sammy a/k/a Sammy Lee Berry v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 973272; Ruling Date: 08/31/1998; Ruling Judge: James Graves, Jr.; Disposition: Petition for Writ of Certiorari filed by Sammy Berry, denied. To Deny: Prather, C.J., Pittman and Banks, P.JJ., McRae, Smith, Mills, Waller and Cobb, JJ. Not Participating: Diaz, J. Order entered.


EN BANC
1999-M-01286

Jackson Medical Clinic For Women, P. A., Mercer Lee, M.D. and Darden H. North, M.D. v. Grace Polles Moore and Robert Alan Moore, Individually and as Personal Representatives and Wrongful Death Beneficiaries of Robert Alan Moore, Jr., Deceased Hinds Circuit Court 1st District; LC Case#: 95704CIV; Ruling Date: 07/19/1999; Ruling Judge: Tomie Green; Disposition: Petition for Interlocutory Appeal filed by the Jackson Medical Clinic for Women, Mercer Lee, M.D., and Darden H. North, M.D., granted. The filing fee shall be due and payable to the Clerk of this Court upon entry of this order. The notice of appeal shall be deemed to have been filed and the appeal shall proceed as required by M.R.A.P. 10 and 11. The trial court proceedings shall be stayed pending disposition of this appeal. Pittman and Banks, P.JJ., McRae and Diaz, JJ., would deny. Order entered.


EN BANC
2000-JP-00251-SCT

Mississippi Commission on Judicial Performance v. John Dan Moulder Judicial Performance Commission; LC Case#: 99-290 ; Ruling Judge: Amy Whitten; Disposition: Petition for Interim Suspension of Justice Court Judge Dan Moulder filed by the Mississippi Commission on Judicial Performance, dismissed as moot. Moulder resigned his judicial office effective February 29, 2000. Joint Motion for Approval of Agreed Statement of Facts and Recommendations as filed by the Mississippi Commission on Judicial Performance and the Respondent Judge, granted. Smith, J., Not Participating. Order entered.


EN BANC
2000-M-00265

WLBT TV 3, In Re: Disposition: Petitioner's Motion to Intervene for Limited Purposes of Accessing Records and Opposing Closure, dismissed as moot. Smith, J., Not Participating. Order entered.