04/17/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
  2007-CA-00357-SCT

Frank Lee Gaddy v. ITT Industries, Inc.; Monroe Circuit Court; LC Case #: CV-04-069-PFM; Ruling Date: 02/08/2007; Ruling Judge: Paul Funderburk; Majority Opinion: Randolph, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Lamar, JJ., Concur.

Greenwood Leflore Hospital, Greenwood Specialty Hospital, L.L.C. and Greenwood Specialty Hospital II, L.L.C. d/b/a Greenwood Specialty Hospital v. Mississippi State Department of Health and Delta Regional Medical Center; Hinds Chancery Court 1st District; LC Case #: G-2007-38 T/1; Ruling Date: 04/17/2007; Ruling Judge: J. Thomas; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Randolph and Lamar, JJ., Concur.

Industrial Steel Corporation v. Steel Service Corporation; Rankin Circuit Court; LC Case #: 2006-82(C); Ruling Date: 03/13/2007; Ruling Judge: William Chapman, III; Majority Opinion: Graves, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur.

Silentro Miller a/k/a Selentro Miller v. State of Mississippi; Winston Circuit Court; LC Case #: 2006-20-CR; Ruling Date: 04/26/2007; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Carlson, J. Disposition: Conviction of sale, transfer, delivery or distribution of cocaine, a schedule II controlled substance and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, with conditions, affirmed. Appellant is to pay all court costs and assessments and a fine in the amount of $5,000. Sentence imposed shall run consecutively to any sentence previously imposed. Winston County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

Mississippi Real Estate Appraiser Licensing and Certification Board v. J. Daniel Schroeder; Harrison Circuit Court 2nd District; LC Case #: A2402-2002-0200; Ruling Date: 02/23/2005; Ruling Judge: Stephen Simpson; Disposition: Petition for certiorari filed by counsel for J. Daniel Schroeder is denied. To Deny: Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Smith, C.J., and Diaz, P.J. Order entered.

Trinity Mission of Clinton, LLC d/b/a Clinton Health & Rehabilitation Center, Trip Francis and Jan Hampton v. Mike Barber Individually and for and on Behalf of the Wrongful Death Beneficiaries of Laurentine Barber, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-05-473CIV; Ruling Date: 10/25/2005; Ruling Judge: Tomie Green; Disposition: Motion to Dismiss Appeal filed by appellee is granted. This appeal is dismissed. All costs of the appeal are to be borne by the appellants. Lamar, J., for the Court. Order entered.

Anthony Tolliver, on Behalf of the Wrongful Death Beneficiaries of Shirley Ann Tolliver Green v. John Mladineo, M.D. and John Christopher Hancock, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-02-1657CIV; Ruling Date: 04/21/2005; Ruling Judge: W. Yerger; Disposition: Amended petition for writ of certiorari filed by Anthony Tolliver is granted. To Grant: Waller and Diaz, P.JJ., Easley, Graves, Dickinson and Lamar, JJ. To Deny: Smith, C.J., Carlson and Randolph, JJ. Order entered.

Felicia Wells and Reginald Wells v. James (Marty) Tucker, M.D., Individually and in the Scope of His Employment and/or Agency for Jackson Healthcare for Women, P.A.; Rankin Circuit Court; LC Case #: 2002-20; Ruling Date: 11/14/2005; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by counsel for James Tucker, M.D., and Jackson Healthcare for Women, P.A., is granted. To Grant: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Diaz, P.J., and Graves, J. Order entered.

Shannon Ellis Wildmon v. City of Booneville, Mississippi; Prentiss Circuit Court; LC Case #: CR05-205; Ruling Date: 03/03/2006; Ruling Judge: Paul Funderburk; Disposition: Petition for writ of certiorari filed by Shannon Ellis Wildmon is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, 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: Petition for writ of certiorari filed by counsel for Dimple G. Whitaker and Clyde Whitaker is granted. To Grant: Diaz, P.J., Dickinson, Randolph and Lamar, JJ. To Deny: Smith, C.J., Waller, P.J., Easley and Graves, JJ. Not Participating: Carlson, J. Order entered.

Metalloy Corporation v. James Gathings; Lee Circuit Court; LC Case #: CV06-096(G)L; Ruling Date: 09/11/2006; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by Metalloy Corporation is granted. To Grant: Smith, C.J., Easley, Carlson and Dickinson, JJ. To Deny: Diaz, P.J., Graves, Randolph and Lamar, JJ. Not Participating: Waller, P.J. Order entered.

Industrial Steel Corporation v. Steel Service Corporation; Rankin Circuit Court; LC Case #: 2006-82(C); Ruling Date: 03/13/2007; Ruling Judge: William Chapman, III; Disposition: Appellee's Motion for Award of Attorneys' Fees and Expenses on Appeal is hereby granted. Steel Service Corporation is hereby awarded $11,283.30 in attorneys' fees and expenses. Industrial Steel Corporation is hereby ordered to tender payment to Steel Service Corporation in that amount. Appellee's Motion to Strike is dismissed as moot. Order entered.

Industrial Steel Corporation v. Steel Service Corporation; Rankin Circuit Court; LC Case #: 2006-82(C); Ruling Date: 03/13/2007; Ruling Judge: William Chapman, III; Disposition: Appellee's Motion for Award of Attorneys' Fees and Expenses on Appeal is hereby granted. Steel Service Corporation is hereby awarded $11,283.30 in attorneys' fees and expenses. Industrial Steel Corporation is hereby ordered to tender payment to Steel Service Corporation in that amount. Appellee's Motion to Strike is dismissed as moot. Order entered.

The Mississippi Bar v. Yvonne L. Hughes; Disposition: The Mississippi Bar's motion to dismiss the complaint without prejudice is granted. The Mississippi Bar is taxed with all costs of appeal. Order entered.

The Mississippi Bar v. Yvonne L. Hughes; Majority Opinion: Easley, J. Disposition: The Mississippi Bar's motion to dismiss the complaint without prejudice is granted. The Mississippi Bar taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

The Mississippi Bar v. John Louis Dolan, Jr.; Disposition: Motion for rehearing filed by John Louis Dolan, Jr., is denied. Diaz, P.J., and Easley, J., would grant.