04/15/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2002-CA-02092-SCT

Mississippi Manufactured Housing Association v. Board of Aldermen of The City of Canton, Mississippi; Madison Circuit Court; LC Case #: CI-2001-0276; Ruling Date: 11/27/2002; Ruling Judge: Samac Richardson; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

In Re: Rules Governing Admission to The Mississippi Bar; Disposition: Board of Bar Admissions' request for specified amendments to the Rules Governing Admission to The Mississippi Bar is granted. Rule I, Section 3; Rule II, Section 1; Rule II, Section 3(J); Rule III, Section 4; Rule IV, Section 2; Rule IV, Section 3; Rule IV, Section 4; Rule IV, Section 6; Rule IV, Section 9; Rule VI, Section 2; Rule VI, Section 3 and Rule IX, Section 4C are amended, with a new Rule VI, Section 3 added and subsequent sections of Rule VI renumbered correspondingly, as set forth in Exhibits "A" through "F" hereto 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). Diaz, J., not participating. Order entered.

In Re: Rules of Professional Conduct; Disposition: Motion, Brief and Request for Comments from Interested Parties and Request for En Banc Consideration filed by C.R. "Chuck" McRae to the extent that it seeks dismissal of the petition filed on behalf of Common Good seeking amendments to the Mississippi Rules of Professional Conduct and sanctions against the attorneys filing it is denied. Diaz, J., not participating. Order entered.

In Re: Rules of Professional Conduct; Disposition: Motion for Leave to Withdraw filed by Bradley S. Clanton and the law firm of Baker, Donelson, Bearman & Caldwell, P.C. is granted and they are allowed to withdraw as co-petitioners in the matter of the petition filed herein, with Common Good seeking amendments to the Mississippi Rules of Professional Conduct. Motion for Leave to Appear filed by Linda McMullen and the Mississippi State Medical Association is granted and they are allowed to appear as co-petitioners in the matter. Diaz, J., not participating. Order entered.

In Re: Rules of Professional Conduct; Disposition: Petition for Rulemaking to Revise the Ethical Standards Relating to Contingency Fees filed by Common Good and others is denied. Diaz, J., not participating. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: Motion to Amend the Comment to M.R.A.P. 5 filed by the Supreme Court Advisory Committee on Rules is granted. The Comment to Rule 5 of the Mississippi Rules of Appellate Procedure and the corresponding Advisory Committee Historical Notes are amended as set forth in Exhibit "A" 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). Diaz, J., not participating. Order entered.

Kelvin Dycus a/k/a Kevin Dycus v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 8494; Ruling Date: 06/19/1998; Ruling Judge: Kenneth Thomas; Majority Opinion: Graves, J. Disposition: Count I: Conviction of Capital Murder and Sentence of Death by Lethal Injection, Affirmed. Count II: Conviction of Unlawful Theft of an Automobile and Sentence of Five Years in the Custody of the Mississippi Department of Corrections, Affirmed. Bolivar County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz, J., not participating.

East Mississippi State Hospital, The Mississippi Department of Mental Health, Dr. Ramiro J. Martinez and Roger McMurtry v. Jimmy B Callens; Hinds Circuit Court 1st District; LC Case #: 251-96-969CIV; Ruling Date: 10/26/1999; Ruling Judge: L. Hilburn, ; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Reversed, and the Judgment of the Circuit Court of the First Judicial District of Hinds County is Affirmed in Part and Reversed and Rendered in Part. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Graves and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

William A. Steele v. State of Mississippi; Pike Circuit Court; LC Case #: 99-608-KA; Ruling Date: 08/03/2000; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed pro se by William A. Steele is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. To Dismiss as Untimely Filed: Graves, J. Not Participating: Diaz, J. Order entered.

Diamond Offshore Management Company v. Archie Marks; Harrison Circuit Court 1st District; LC Case #: A-2401-99-00063; Ruling Date: 10/02/2000; Ruling Judge: John Whitfield; Disposition: Joint Motion to Approve Settlement and Dismiss Case filed by the Parties, the Motion for Rehearing and/or for Other Relief filed by the Appellant and the Response and Motion to Enforce Settlement and/or other Relief filed by the Appellee are stayed pending further notice of this Court. Diaz, J., not participating. Order entered.

Winfred "Wimp" Forkner v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 00-KR-044-S; Ruling Date: 02/28/2001; Ruling Judge: Lillie Sanders; Disposition: On the Court's own motion, this case is remanded to the Court of Appeals for further proceedings consistent with this order. Diaz, J., not participating. Order entered.

Wonda Doe v. Gaines L. Stegall, Individually and d/b/a Nottingham Place Apartments and Betty Stegall; Hinds Circuit Court 1st District; LC Case #: 251-94-410; Ruling Date: 09/25/2001; Ruling Judge: W. Yerger; Consolidated with 1998-CA-01058-COA Wonda Doe v. Gaines L. Stegall, Individually and d/b/a Nottingham Place Apartments, Nottingham Place Apartments, Gaines W. Stegall and Betty Stegall; Hinds Circuit Court 1st District; LC Case #: 94410CIV; Ruling Date: 04/28/1998; Ruling Judge: W. Yerger; Disposition: Appellant's Motion for Rehearing is denied insofar as it seeks recusal of Chief Justice James W. Smith, Jr. Waller, P.J., Diaz and Graves, JJ., not participating. Order entered.

Wonda Doe v. Gaines L. Stegall, Individually and d/b/a Nottingham Place Apartments and Betty Stegall; Hinds Circuit Court 1st District; LC Case #: 251-94-410; Ruling Date: 09/25/2001; Ruling Judge: W. Yerger; Consolidated with 1998-CA-01058-COA Wonda Doe v. Gaines L. Stegall, Individually and d/b/a Nottingham Place Apartments, Nottingham Place Apartments, Gaines W. Stegall and Betty Stegall; Hinds Circuit Court 1st District; LC Case #: 94410CIV; Ruling Date: 04/28/1998; Ruling Judge: W. Yerger; Disposition: Appellant's Motion for Rehearing is denied insofar as it seeks recusal of Presiding Justice Kay B. Cobb. Waller, P.J., Diaz and Graves, JJ., not participating. Order entered.

Wonda Doe v. Gaines L. Stegall, Individually and d/b/a Nottingham Place Apartments and Betty Stegall; Hinds Circuit Court 1st District; LC Case #: 251-94-410; Ruling Date: 09/25/2001; Ruling Judge: W. Yerger; Consolidated with 1998-CA-01058-COA Wonda Doe v. Gaines L. Stegall, Individually and d/b/a Nottingham Place Apartments, Nottingham Place Apartments, Gaines W. Stegall and Betty Stegall; Hinds Circuit Court 1st District; LC Case #: 94410CIV; Ruling Date: 04/28/1998; Ruling Judge: W. Yerger; Disposition: Appellant's Motion for Rehearing is denied insofar as it seeks recusal of Justice George C. Carlson, Jr. Waller, P.J., Diaz and Graves, JJ., not participating. Order entered.

Wonda Doe v. Gaines L. Stegall, Individually and d/b/a Nottingham Place Apartments and Betty Stegall; Hinds Circuit Court 1st District; LC Case #: 251-94-410; Ruling Date: 09/25/2001; Ruling Judge: W. Yerger; Consolidated with 1998-CA-01058-COA Wonda Doe v. Gaines L. Stegall, Individually and d/b/a Nottingham Place Apartments, Nottingham Place Apartments, Gaines W. Stegall and Betty Stegall; Hinds Circuit Court 1st District; LC Case #: 94410CIV; Ruling Date: 04/28/1998; Ruling Judge: W. Yerger; Majority Opinion: Carlson, J. Disposition: Motion for Further Review by the Mississippi Supreme Court of the Court of Appeals' Order to Deny Reconsideration of the Order Denying Appellant's Motion to Recuse, Denied. Wonda Doe taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley and Dickinson, JJ., Concur. Waller, P.J., Diaz and Graves, JJ., not participating.

Washington Mutual Finance Group, LLC f/k/a City Finance Company v. Greta Blackmon, Louise Blue, Glenda Chambers, Annie Clark, Willie Earl Conway, Lillie Harris, Robin Horton, Lindsey Horton, Lorene Jackson, Lizzie Lofton, Jessie McClung, Willie McGee, Lou Waters, Earnest Claiborne, Tina Cross, Alfred Garrett, Percy Mason, Kenneth Hill, Zenester Moore, Mattie Miles, Patrishane Gordon, Janie Mason, Doris Garrett, Hazel Claiborne, David Ferguson and Lindsey Horton; Holmes Circuit Court; LC Case #: 98-0026; Ruling Date: 06/12/2001; Ruling Judge: Jannie Lewis; Disposition: Appellees' Petition for Rehearing is denied insofar as it seeks recusal of Chief Justice James W. Smith, Jr. Diaz, Easley and Dickinson, JJ., not participating. Order entered.

Washington Mutual Finance Group, LLC f/k/a City Finance Company v. Greta Blackmon, Louise Blue, Glenda Chambers, Annie Clark, Willie Earl Conway, Lillie Harris, Robin Horton, Lindsey Horton, Lorene Jackson, Lizzie Lofton, Jessie McClung, Willie McGee, Lou Waters, Earnest Claiborne, Tina Cross, Alfred Garrett, Percy Mason, Kenneth Hill, Zenester Moore, Mattie Miles, Patrishane Gordon, Janie Mason, Doris Garrett, Hazel Claiborne, David Ferguson and Lindsey Horton; Holmes Circuit Court; LC Case #: 98-0026; Ruling Date: 06/12/2001; Ruling Judge: Jannie Lewis; Disposition: Appellees' Petition for Rehearing is denied insofar as it seeks recusal of Presiding Justice William L. Waller, Jr. Diaz, Easley and Dickinson, JJ., not participating. Order entered.

Washington Mutual Finance Group, LLC f/k/a City Finance Company v. Greta Blackmon, Louise Blue, Glenda Chambers, Annie Clark, Willie Earl Conway, Lillie Harris, Robin Horton, Lindsey Horton, Lorene Jackson, Lizzie Lofton, Jessie McClung, Willie McGee, Lou Waters, Earnest Claiborne, Tina Cross, Alfred Garrett, Percy Mason, Kenneth Hill, Zenester Moore, Mattie Miles, Patrishane Gordon, Janie Mason, Doris Garrett, Hazel Claiborne, David Ferguson and Lindsey Horton; Holmes Circuit Court; LC Case #: 98-0026; Ruling Date: 06/12/2001; Ruling Judge: Jannie Lewis; Disposition: Appellees' Petition for Rehearing is denied insofar as it seeks recusal of Presiding Justice Kay B. Cobb. Diaz, Easley and Dickinson, JJ., not participating. Order entered.

Washington Mutual Finance Group, LLC f/k/a City Finance Company v. Greta Blackmon, Louise Blue, Glenda Chambers, Annie Clark, Willie Earl Conway, Lillie Harris, Robin Horton, Lindsey Horton, Lorene Jackson, Lizzie Lofton, Jessie McClung, Willie McGee, Lou Waters, Earnest Claiborne, Tina Cross, Alfred Garrett, Percy Mason, Kenneth Hill, Zenester Moore, Mattie Miles, Patrishane Gordon, Janie Mason, Doris Garrett, Hazel Claiborne, David Ferguson and Lindsey Horton; Holmes Circuit Court; LC Case #: 98-0026; Ruling Date: 06/12/2001; Ruling Judge: Jannie Lewis; Disposition: Appellees' Petition for Rehearing is denied insofar as it seeks recusal of Justice George C. Carlson, Jr. Diaz, Easley and Dickinson, JJ., not participating. Order entered.

Raymond Helton Friley, Jr. v. State of Mississippi; Warren Circuit Court; LC Case #: 00-0150-CR-P; Ruling Date: 01/17/2001; Ruling Judge: Isadore Patrick, Jr.; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. To Deny: Graves, J. Not Participating: Diaz, J. Order entered.

Raymond Helton Friley, Jr. v. State of Mississippi; Warren Circuit Court; LC Case #: 00-0150-CR-P; Ruling Date: 01/17/2001; Ruling Judge: Isadore Patrick, Jr.; Disposition: Raymond Helton Friley's pro se letter which is in the nature of a motion for immediate release from custody is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Janssen Pharmaceutica, Inc. and Johnson & Johnson v. Robert Bailey, Rosie Lee Bell, Barbara Bishop, Connie Coleman, Martha Evans, Macy B. Johnston, by and through her natural parents and next friends, Milton Johnson, Tracy Johnston, Maurice Landers, Elsie Queen, Janis White and Mary Williams; Claiborne Circuit Court; LC Case #: 2001-162; Ruling Date: 09/29/2001; Ruling Judge: Lamar Pickard; Disposition: Appellees' Motion for Reconsideration is denied insofar as it seeks recusal of Chief Justice James W. Smith, Jr. Diaz, J., not participating. Order entered.

Janssen Pharmaceutica, Inc. and Johnson & Johnson v. Robert Bailey, Rosie Lee Bell, Barbara Bishop, Connie Coleman, Martha Evans, Macy B. Johnston, by and through her natural parents and next friends, Milton Johnson, Tracy Johnston, Maurice Landers, Elsie Queen, Janis White and Mary Williams; Claiborne Circuit Court; LC Case #: 2001-162; Ruling Date: 09/29/2001; Ruling Judge: Lamar Pickard; Disposition: Appellees' Motion for Reconsideration is denied insofar as it seeks recusal of Presiding Justice William L. Waller, Jr. Diaz, J., not participating. Order entered.

Janssen Pharmaceutica, Inc. and Johnson & Johnson v. Robert Bailey, Rosie Lee Bell, Barbara Bishop, Connie Coleman, Martha Evans, Macy B. Johnston, by and through her natural parents and next friends, Milton Johnson, Tracy Johnston, Maurice Landers, Elsie Queen, Janis White and Mary Williams; Claiborne Circuit Court; LC Case #: 2001-162; Ruling Date: 09/29/2001; Ruling Judge: Lamar Pickard; Disposition: Appellees' Motion for Reconsideration is denied insofar as it seeks recusal of Presiding Justice Kay B. Cobb. Diaz, J., not participating. Order entered.

Janssen Pharmaceutica, Inc. and Johnson & Johnson v. Robert Bailey, Rosie Lee Bell, Barbara Bishop, Connie Coleman, Martha Evans, Macy B. Johnston, by and through her natural parents and next friends, Milton Johnson, Tracy Johnston, Maurice Landers, Elsie Queen, Janis White and Mary Williams; Claiborne Circuit Court; LC Case #: 2001-162; Ruling Date: 09/29/2001; Ruling Judge: Lamar Pickard; Disposition: Appellees' Motion for Reconsideration is denied insofar as it seeks recusal of Justice George C. Carlson, Jr. Diaz, J., not participating. Order entered.

Richard F. Scruggs and Richard F. Scruggs, P.A. v. William Roberts Wilson, Jr., P.A.; Hinds Circuit Court 1st District; LC Case #: 251-94-582-CIV; Ruling Date: 08/26/2002; Ruling Judge: Bobby DeLaughter; Consolidated with 2002-TS-01151 William Roberts Wilson, Jr. and Wm. Roberts Wilson, Jr., P.A. v. Richard F. Scruggs; Richard F. Scruggs, P.A.; Asbestos Group, P.A.; Scruggs, Millette, Lawson, Bozeman & Dent, P.A.; and Scruggs, Millette, Bozeman & Dent, P.A. AND Alwyn H. Luckey v. Richard F. Scruggs; William Roberts Wilson, Jr.; Wm. Roberts Wilson, Jr., P.A.; Asbestos Group, P.A.; Richard F. Scruggs, P.A.; and Scruggs, Millette, Lawson, Bozeman & Dent, P.A. AND Richard F. Scruggs; Richard F. Scruggs, P.A.; and Asbestos Group, P.A. v. Alwyn H. Luckey; Hinds Circuit Court 1st District; LC Case #: 251-94-582; Ruling Date: 05/02/2002; Ruling Judge: L. Hilburn, ; Disposition: Motion for Reconsideration and Stay is denied insofar as it seeks recusal of Chief Justice James W. Smith, Jr. The motion is also denied to the extent that it seeks a stay of proceedings. Diaz, J., not participating. Order entered.

Richard F. Scruggs and Richard F. Scruggs, P.A. v. William Roberts Wilson, Jr., P.A.; Hinds Circuit Court 1st District; LC Case #: 251-94-582-CIV; Ruling Date: 08/26/2002; Ruling Judge: Bobby DeLaughter; Consolidated with 2002-TS-01151 William Roberts Wilson, Jr. and Wm. Roberts Wilson, Jr., P.A. v. Richard F. Scruggs; Richard F. Scruggs, P.A.; Asbestos Group, P.A.; Scruggs, Millette, Lawson, Bozeman & Dent, P.A.; and Scruggs, Millette, Bozeman & Dent, P.A. AND Alwyn H. Luckey v. Richard F. Scruggs; William Roberts Wilson, Jr.; Wm. Roberts Wilson, Jr., P.A.; Asbestos Group, P.A.; Richard F. Scruggs, P.A.; and Scruggs, Millette, Lawson, Bozeman & Dent, P.A. AND Richard F. Scruggs; Richard F. Scruggs, P.A.; and Asbestos Group, P.A. v. Alwyn H. Luckey; Hinds Circuit Court 1st District; LC Case #: 251-94-582; Ruling Date: 05/02/2002; Ruling Judge: L. Hilburn, ; Disposition: Motion for Reconsideration is denied insofar as it seeks recusal of Presiding Justice William L. Waller, Jr. Diaz, J., not participating. Order entered.

Richard F. Scruggs and Richard F. Scruggs, P.A. v. William Roberts Wilson, Jr., P.A.; Hinds Circuit Court 1st District; LC Case #: 251-94-582-CIV; Ruling Date: 08/26/2002; Ruling Judge: Bobby DeLaughter; Consolidated with 2002-TS-01151 William Roberts Wilson, Jr. and Wm. Roberts Wilson, Jr., P.A. v. Richard F. Scruggs; Richard F. Scruggs, P.A.; Asbestos Group, P.A.; Scruggs, Millette, Lawson, Bozeman & Dent, P.A.; and Scruggs, Millette, Bozeman & Dent, P.A. AND Alwyn H. Luckey v. Richard F. Scruggs; William Roberts Wilson, Jr.; Wm. Roberts Wilson, Jr., P.A.; Asbestos Group, P.A.; Richard F. Scruggs, P.A.; and Scruggs, Millette, Lawson, Bozeman & Dent, P.A. AND Richard F. Scruggs; Richard F. Scruggs, P.A.; and Asbestos Group, P.A. v. Alwyn H. Luckey; Hinds Circuit Court 1st District; LC Case #: 251-94-582; Ruling Date: 05/02/2002; Ruling Judge: L. Hilburn, ; Disposition: Motion for Reconsideration is denied insofar as it seeks recusal of Presiding Justice Kay B. Cobb. Diaz, J., not participating. Order entered.

Richard F. Scruggs and Richard F. Scruggs, P.A. v. William Roberts Wilson, Jr., P.A.; Hinds Circuit Court 1st District; LC Case #: 251-94-582-CIV; Ruling Date: 08/26/2002; Ruling Judge: Bobby DeLaughter; Consolidated with 2002-TS-01151 William Roberts Wilson, Jr. and Wm. Roberts Wilson, Jr., P.A. v. Richard F. Scruggs; Richard F. Scruggs, P.A.; Asbestos Group, P.A.; Scruggs, Millette, Lawson, Bozeman & Dent, P.A.; and Scruggs, Millette, Bozeman & Dent, P.A. AND Alwyn H. Luckey v. Richard F. Scruggs; William Roberts Wilson, Jr.; Wm. Roberts Wilson, Jr., P.A.; Asbestos Group, P.A.; Richard F. Scruggs, P.A.; and Scruggs, Millette, Lawson, Bozeman & Dent, P.A. AND Richard F. Scruggs; Richard F. Scruggs, P.A.; and Asbestos Group, P.A. v. Alwyn H. Luckey; Hinds Circuit Court 1st District; LC Case #: 251-94-582; Ruling Date: 05/02/2002; Ruling Judge: L. Hilburn, ; Disposition: Justice George C. Carlson, Jr., having announced that he will not participate in this case, the Motion for Reconsideration is dismissed as moot insofar as it seeks recusal of Justice Carlson. Diaz, J., not participating. Order entered.

Ed Wansley and Jerleane Wansley v. Speed Corporation d/b/a North Jackson Honda/Yamaha, Incorporated and Yamaha Motor Corporation, U.S.A.; Hinds Circuit Court 1st District; LC Case #: 251-98-1259CIV; Ruling Date: 07/08/2003; Ruling Judge: W. Yerger; Disposition: Appellants' Petition for Rehearing is denied insofar as it seeks recusal of Chief Justice James W. Smith, Jr. Diaz, J., not participating. Order entered.

Ed Wansley and Jerleane Wansley v. Speed Corporation d/b/a North Jackson Honda/Yamaha, Incorporated and Yamaha Motor Corporation, U.S.A.; Hinds Circuit Court 1st District; LC Case #: 251-98-1259CIV; Ruling Date: 07/08/2003; Ruling Judge: W. Yerger; Disposition: Appellants' Petition for Rehearing is denied insofar as it seeks recusal of Presiding Justice William L. Waller, Jr. Diaz, J., not participating. Order entered.

Ed Wansley and Jerleane Wansley v. Speed Corporation d/b/a North Jackson Honda/Yamaha, Incorporated and Yamaha Motor Corporation, U.S.A.; Hinds Circuit Court 1st District; LC Case #: 251-98-1259CIV; Ruling Date: 07/08/2003; Ruling Judge: W. Yerger; Disposition: Appellants' Petition for Rehearing is denied insofar as it seeks recusal of Presiding Justice Kay B. Cobb. Diaz, J., not participating. Order entered.

Ed Wansley and Jerleane Wansley v. Speed Corporation d/b/a North Jackson Honda/Yamaha, Incorporated and Yamaha Motor Corporation, U.S.A.; Hinds Circuit Court 1st District; LC Case #: 251-98-1259CIV; Ruling Date: 07/08/2003; Ruling Judge: W. Yerger; Disposition: Appellants' Petition for Rehearing is denied insofar as it seeks recusal of Justice George C. Carlson, Jr. Diaz, J., not participating. Order entered.

Blitz U. S. A., Inc. v. Patricia Hudson, individually and on behalf of her minor son, Alonzo D. Odoms, III and Shanetha Lewis, individually and on behalf of her minor sons, Doniven J. Lewis and Deymeion L. Lewis; Hinds Circuit Court 1st District; LC Case #: 251-99-948-CIV; Ruling Date: 08/01/2003; Ruling Judge: Winston Kidd; Disposition: Respondents' Motion for Rehearing is denied insofar as it seeks recusal of Chief Justice James W. Smith, Jr. Diaz, J., not participating. Order entered.

Blitz U. S. A., Inc. v. Patricia Hudson, individually and on behalf of her minor son, Alonzo D. Odoms, III and Shanetha Lewis, individually and on behalf of her minor sons, Doniven J. Lewis and Deymeion L. Lewis; Hinds Circuit Court 1st District; LC Case #: 251-99-948-CIV; Ruling Date: 08/01/2003; Ruling Judge: Winston Kidd; Disposition: Respondents' Motion for Rehearing is denied insofar as it seeks recusal of Presiding Justice William L. Waller, Jr. Diaz, J., not participating. Order entered.

Blitz U. S. A., Inc. v. Patricia Hudson, individually and on behalf of her minor son, Alonzo D. Odoms, III and Shanetha Lewis, individually and on behalf of her minor sons, Doniven J. Lewis and Deymeion L. Lewis; Hinds Circuit Court 1st District; LC Case #: 251-99-948-CIV; Ruling Date: 08/01/2003; Ruling Judge: Winston Kidd; Disposition: Respondents' Motion for Rehearing is denied insofar as it seeks recusal of Presiding Justice Kay B. Cobb. Diaz, J., not participating. Order entered.

Blitz U. S. A., Inc. v. Patricia Hudson, individually and on behalf of her minor son, Alonzo D. Odoms, III and Shanetha Lewis, individually and on behalf of her minor sons, Doniven J. Lewis and Deymeion L. Lewis; Hinds Circuit Court 1st District; LC Case #: 251-99-948-CIV; Ruling Date: 08/01/2003; Ruling Judge: Winston Kidd; Disposition: Respondents' Motion for Rehearing is denied insofar as it seeks recusal of Justice George C. Carlson, Jr. Diaz, J., not participating. Order entered.

Lawrence D. Arrington v. Donald G. Castle, Jr.; Forrest Chancery Court; LC Case #: 00-0426-GN-D; Ruling Date: 04/30/2003; Ruling Judge: Denise Owens; Disposition: Motion for Recusal of Supreme Court Justices is denied insofar as it seeks recusal of Chief Justice James W. Smith, Jr. Diaz, J., not participating. Order entered.

Lawrence D. Arrington v. Donald G. Castle, Jr.; Forrest Chancery Court; LC Case #: 00-0426-GN-D; Ruling Date: 04/30/2003; Ruling Judge: Denise Owens; Disposition: Motion for Recusal of Supreme Court Justices is denied insofar as it seeks recusal of Presiding Justice William L. Waller, Jr. Diaz, J., not participating. Order entered.

Lawrence D. Arrington v. Donald G. Castle, Jr.; Forrest Chancery Court; LC Case #: 00-0426-GN-D; Ruling Date: 04/30/2003; Ruling Judge: Denise Owens; Disposition: Motion for Recusal of Supreme Court Justices is denied insofar as it seeks recusal of Presiding Justice Kay B. Cobb. Diaz, J., not participating. Order entered.

Lawrence D. Arrington v. Donald G. Castle, Jr.; Forrest Chancery Court; LC Case #: 00-0426-GN-D; Ruling Date: 04/30/2003; Ruling Judge: Denise Owens; Disposition: Motion for Recusal of Supreme Court Justices is denied insofar as it seeks recusal of Justice George C. Carlson, Jr. Diaz, J., not participating. Order entered.

In Re: Norfolk Southern Railway Company and Alabama Great Southern Railroad Company; Jones Circuit Court 2nd District; LC Case #: 2000-141-CV9; Ruling Judge: R. Coleman; Disposition: Petition for writ of mandamus filed by counsel for the Norfolk Southern Railway Company and the Alabama Great Southern Railroad Company is granted. The trial court order denying the motion to compel medical examinations is vacated. The petitioners shall be allowed to proceed with medical examinations with the doctor(s) of the petitioners' choice. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

In Re: Azki Shah; Disposition: On the Court's own motion and the show cause order issued to Azki Shah on January 22, 2004, Azki Shah shall be sanctioned $100 for his failure to pay the Clerk's fees in a timely manner, for submitting two bad checks to the Clerk and for failing to file a timely response to the show cause order. Shah shall pay the sanctioned amount within 30 days of entry of this order. However, if within 30 days of this order, Shah offers an acceptable explanation for his conduct discussed above, the $100 sanction will be suspended. Diaz, J., not participating. Order entered.