04/16/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
XX  2006-CA-02052-SCT

Julie Mabus v. St. James Episcopal Church, Episcopal Diocese of Mississippi, Inc., and Jerry McBride; Hinds Circuit Court 1st District; LC Case #: 251-01-23CIV; Ruling Date: 10/16/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Carlson, P.J., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Dickinson, J., Concurs in Part and in Result Without Separate Written Opinion. Kitchens, J., Concurs with Separate Written Opinion Joined in Part by Dickinson, J. Graves, P.J., not participating. Concurring Opinion: Kitchens, J. Votes: Dickinson, J., Joins This Opinion in Part.

Jon Adams v. A & C Entertainment; Hinds Circuit Court 1st District; LC Case #: 251-05-57; Ruling Date: 07/05/2007; Ruling Judge: W. Yerger; Majority Opinion: Waller, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Carlson, P.J., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only Without Separate Written Opinion.

In Re: Local Rules; Disposition: Motion to Adopt Local Rules for the Eleventh Chancery Court District filed by the Honorable Janace Harvey-Goree and the Honorable Cynthia L. Brewer is granted. The local rules are attached as Exhibit A 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 as soon as practical in the advance sheets of Southern Reporter, Third Series (Mississippi Edition) and the Mississippi Rules of Court. To Grant: Waller, C.J., Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. To Grant in Part: Dickinson, J. Order entered.

Dimple G. Whitaker and Clyde Whitaker v. T & M Foods, Ltd. and Robert Y. Kent; Lee Circuit Court; LC Case #: 01-039(G)L; Ruling Date: 05/26/2006; Ruling Judge: Paul Funderburk; Disposition: The motion for rehearing of T&M Foods, Ltd. and Robert Y. Kent is denied. The previous opinions of this Court are withdrawn and this opinion substituted therefor. Reversed and Remanded. Carlson, P.J., and Chandler, J., not participating.

Dimple G. Whitaker and Clyde Whitaker v. T & M Foods, Ltd. and Robert Y. Kent; Lee Circuit Court; LC Case #: 01-039(G)L; Ruling Date: 05/26/2006; Ruling Judge: Paul Funderburk; Majority Opinion: Randolph, J. Disposition: The motion for rehearing of T&M Foods, Ltd. and Robert Y. Kent is denied. The previous opinions of this Court are withdrawn and this opinion substituted therefor. Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, C.J., Dickinson, Lamar, Kitchens and Pierce, JJ., Concur. Graves, P.J., Concurs in Result Only. Carlson, P.J., and Chandler, J., not participating.

William Terry Davis v. State of Mississippi; Adams Circuit Court; LC Case #: 05-KR-0197-J; Ruling Date: 03/23/2006; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by William Terry Davis is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Stacy Hicks v. State of Mississippi; Clarke Circuit Court; LC Case #: 2007-01; Ruling Date: 03/30/2007; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by Stacy Hicks is denied. To Deny: Waller, C.J., Carlson, P.J., Dickinson, Randolph, Lamar and Pierce, JJ. To Grant: Graves, P.J., and Kitchens, J. Not Participating: Chandler, J. Order entered.

Delphi Packard Electric Systems, Employer/Self-Insured v. Earnil Brown; Hinds Circuit Court 1st District; LC Case #: 251-04-209; Ruling Date: 01/25/2007; Ruling Judge: Tomie Green; Disposition: Petition for writ of certiorari filed by Delphi Packard Electric Systems is denied. To Deny: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Chandler, J. Order entered.

Louis J. Clay, Jr. a/k/a Louis Clay a/k/a Spoola Boo v. Christopher Epps; Greene Circuit Court; LC Case #: 2005-04-043(1); Ruling Date: 04/03/2007; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed pro se by Louis J. Clay, Jr., is denied. To Deny: Waller, C.J., Carlson and Graves, P. JJ., Randolph, Lamar, Kitchens and Pierce, JJ. Not Participating: Dickinson and Chandler, JJ. Order entered.

Dennis Dobbs v. State of Mississippi; Marshall Circuit Court; LC Case #: M2006-305; Ruling Date: 05/10/2007; Ruling Judge: Andrew Howorth; Majority Opinion: Carlson, P.J. Disposition: Reversed and Remanded. Marshall County taxed with costs of appeal. Votes: Waller, C.J., Graves, P.J., Dickinson, Randolph, Lamar, Kitchens and Pierce, JJ., Concur. Chandler, J., not participating.

Franklin Corporation v. Pauline Tedford, Lora Smith, Judy Haire and Samantha Mixon; Calhoun Circuit Court; LC Case #: C2004-110; Ruling Date: 07/26/2007; Ruling Judge: Andrew Howorth; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Specially Concurs with Separate Written Opinion. Dickinson, J., Specially Concurs with Separate Written Opinion Joined by Carlson, P.J., Randolph, Lamar and Pierce, JJ., and Joined in Part by Waller, C.J. Specially Concurring Opinion: Graves, P.J. Specially Concurring Opinion: Dickinson, J. Votes: Carlson, P.J., Randolph, Lamar and Pierce, JJ., Join This Opinion. Waller, C.J., Joins This Opinion in Part.

Jon Adams v. A & C Entertainment; Hinds Circuit Court 1st District; LC Case #: 251-05-57; Ruling Date: 07/05/2007; Ruling Judge: W. Yerger; Disposition: A & C's Motion to Dismiss Appeal filed by appellant, Jon Adams, as being out-of-time is denied. See opinion of this Court handed down this date.

Jon Adams v. A & C Entertainment; Hinds Circuit Court 1st District; LC Case #: 251-05-57; Ruling Date: 07/05/2007; Ruling Judge: W. Yerger; Disposition: A & C's Motion to Strike Brief of Appellant, Jon Adams and Dismiss Appeal is denied. See opinion of this Court handed down this date.

Trinity Mission Health & Rehab of Holly Springs, LLC v. Ruth Lawrence, as Administratrix of the Estate of James E. Lawrence, Deceased and on Behalf of the Wrongful Death Beneficiaries of James E. Lawrence, Deceased; Marshall Circuit Court; LC Case #: M2006-537; Ruling Date: 12/18/2007; Ruling Judge: Henry Lackey; Disposition: Appellant's Rule 40 Motion for Rehearing is denied.