Mississippi Supreme Court

Hand Down Lists
April 18, 2002

04/18/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Easley, Chuck
X 2000-AN-01808-SCT

Horn Lake, Mississippi, In the Matter of the Enlargement and Extension of the Municipal Boundaries of the City of: Don Cox v. City of Horn Lake, Mississippi DeSoto Chancery Court; LC Case#: 97-12-1605; Ruling Date: 10/17/2000; Ruling Judge: Ray Montgomery; Majority Opinion: Easley, J. Disposition: Appeal Dismissed. Appellant taxed with costs of appeal. Votes: McRae, P.J., Smith, P.J., Waller, J., Diaz, J., Carlson, J., Graves, J., Concur. Pittman, C.J., Cobb, J., Concur in result only. Disposition: Motion for diminution of record filed by the City of Horn Lake is granted. Order entered.


Waller, William L., Jr.
XX 1998-CP-01693-SCT

Russell, Donnie v. Mississippi Department of Corrections Sunflower Circuit Court; LC Case#: 980026; Ruling Date: 10/02/1998; Ruling Judge: Gray Evans; Majority Opinion: Waller, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Sunflower County taxed with costs of appeal. Votes: Smith, P.J., Cobb, J., Diaz, J., Carlson, J., Concur. Pittman, C.J., Concurs in Part. Concurring in Part and Dissenting in Part Opinion: Graves, J. Votes: Pittman, C.J., McRae, P.J., Easley, J., Join.


Waller, William L., Jr.
X 2001-CA-00585-SCT

Stewart, Lawrence S. v. H. James Hoover, Sandra G. Hoover and The State of Mississippi Jackson Chancery Court; LC Case#: 99-2396; Ruling Date: 03/07/2001; Ruling Judge: Glenn Barlow; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, J., Diaz, J., Carlson, J., Graves, J., Concur. McRae, P.J., Dissents Without Separate Written Opinion. Easley, J., CIP/DIP's Without Separate Written Opinion.


EN BANC
89-R-99002-SCT

Mississippi Rules of Evidence, In Re: Disposition: Motion to Amend Certain Rules of Evidence and Comments filed by the Supreme Court Advisory Committee on Rules is granted. Rule 504 of the Mississippi Rules of Evidence is amended as set forth in Exhibit "A" attached to this order. Rule 609 is amended as set forth in Exhibit "B" attached to this order. The Clerk of this Court shall spread this order on the minutes of this Court and it shall be submitted to West Publishing Company for publication in the Southern Reporter (Mississippi Edition) and in the Mississippi Rules of Court. Easley, J., not participating. Order entered.


EN BANC
89-R-99010-SCT

Rules of Discipline for the Mississippi Bar, In Re: 89-R-99018-SCT In Re: Rules of Professional Conduct; Disposition: Petition to Amend the Rules of Discipline and Rules of Professional Conduct for The Mississippi Bar filed by The Mississippi Bar is granted to the extent set forth herein. Rules 3.2(g), 7, and 8, including Rule 8.6 of the Rules of Discipline for The Mississippi Bar are amended as set forth in Exhibit "A" attached to this order. Rule 1.6 of the Mississippi Rules of Professional Conduct is amended as set forth in Exhibit "B" attached to this order. The Clerk of this Court shall spread this order on the minutes of this Court and it shall be submitted to West Publishing Company for publication in the Southern Reporter (Mississippi Edition) and in the Mississippi Rules of Court. Easley, J., not participating. Order entered.


EN BANC
89-R-99025-SCT

Uniform Rules of Circuit and County Courts, In Re: Disposition: Motion to Amend/Adopt Certain Uniform Circuit and County Court Rules filed by the Supreme Court Advisory Committee on Rules is granted to the extent set forth herein. Rule 2.01 of the Uniform Rules of Circuit and County Court is amended as set forth in Exhibit "A attached to this order. A new Rule 3.14 is adopted as set forth in Exhibit "B" attached to this order. The Clerk of this Court shall spread this order on the minutes of this Court and it shall be submitted to West Publishing Company for publication in the Southern Reporter (Mississippi Edition) and in the Mississippi Rules of Court. Easley, J., not participating. Order entered.


EN BANC
X 1999-CA-01291-SCT

Pursue Energy Corporation v. Mississippi State Tax Commission, Ed Buelow, Jr., Commissioner, Lisa W. Hall, Associate Commissioner of the Mississippi State Tax Commission, Russell E. Hawkins, Associate Commissioner of the Mississippi State Tax Commission and Michael C. Moore, Attorney Rankin Chancery Court; LC Case#: 42050; Ruling Date: 07/09/1999; Ruling Judge: John Grant, III; Majority Opinion: Pittman, C.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: McRae, P.J., Smith, P.J., Cobb, J., Diaz, J., Carlson, J., Graves, J., Concur. Easley, J., Dissents Without Separate Written Opinion. Waller, J., Not Participating.


EN BANC
1999-DR-01392-SCT

Burns, Joseph Daniel a/k/a "JoJo" Burns v. State of Mississippi Lee Circuit Court; LC Case#: CR95477; Ruling Date: 09/06/1996; Ruling Judge: Frank Russell; Disposition: Appellee's motion for rehearing is denied. Easley, J., not participating.


EN BANC
XX 1999-CA-01882-SCT

Field, Edward Dunbar, M.D. v. Wayne T. Lamar, M.D., P.A. Lafayette Chancery Court; LC Case#: 93-513; Ruling Date: 11/16/1999; Ruling Judge: Anthony Farese; Majority Opinion: Smith, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Waller, J., Cobb, J., Easley, J., Carlson, J., Graves, J., Concur. Dissenting Opinion: McRae, P.J. Votes: Diaz, J., Joins. Easley, J., Joins in Part.


EN BANC
XX 2000-CA-00732-SCT

Yoste, Harry M. Sr. v. Wal-Mart Stores, Inc. Madison Circuit Court; LC Case#: CI-98-0227; Ruling Date: 02/29/2000; Ruling Judge: Samac Richardson; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, J., Cobb, J., Carlson, J., Concur. Pittman, C.J., Concurs in result only. Diaz, J., Not Participating. Dissenting Opinion: Easley, J. Votes: McRae, P.J., Graves, J., Join.


EN BANC
2000-CT-00832-SCT

McNair, Matthew v. State of Mississippi Hinds Circuit Court 1st District; LC Case#: 98-4-277-CR-Y; Ruling Date: 12/07/1999; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Matthew McNair is denied. To Deny: All Justices. Order entered.


McRae, Chuck
2000-CA-01359-SCT

M., E., In the Interest of Hinds Youth Court; LC Case#: 15.670; Ruling Date: 06/13/2000; Ruling Judge: Houston Patton; Disposition: Motion for Correction of Opinion filed by C. Bradley Carter, Guardian Ad Litem and Attorney for E. M., appellant, is granted. Opinion corrected at paragraphs 1, 6 and 9. Order entered.


EN BANC
2000-CP-01377-SCT

Bailey, Lamar d/b/a G&B Auto Sales, Inc. v. Shannon B. Beard Madison Circuit Court; LC Case#: 99-0215; Ruling Date: 05/08/2000; Ruling Judge: John Kitchens; Disposition: Appellant's motion for rehearing is denied. Smith, P.J., and Cobb, J., would grant.


EN BANC
XX 2000-CA-01378-SCT

Yerby, Della F. v. United Healthcare Insurance Company Clarke Circuit Court; LC Case#: 98-0044 ; Ruling Date: 08/09/2000; Ruling Judge: Robert Bailey; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Waller, J., Cobb, J., Carlson, J., Concur. Dissenting Opinion: Diaz, J. Votes: McRae, P.J., Easley, J., Graves, J., Join.


EN BANC
2000-CT-01414-SCT

Banks, Larry a/k/a Ismail Mohhaddoa v. State of Mississippi Oktibbeha Circuit Court; LC Case#: 2000-0047-CV; Ruling Date: 08/04/2000; Ruling Judge: John Montgomery; Disposition: Petition for writ of certiorari filed by Larry Banks is denied. To Deny: All Justices. Order entered.


EN BANC
2000-KA-01671-SCT

McDowell, Antonio v. State of Mississippi Tallahatchie Circuit Court 1st District; LC Case#: 2000-14-B-T1; Ruling Date: 10/05/2000; Ruling Judge: Andrew Baker; Disposition: Appellant's motion for rehearing is denied. Carlson, J., not participating.


EN BANC
XX 2000-CA-01791-SCT

Reid, Bradie, a Minor, by and through his Father and Legal Guardian, Bradley Reid v. American Premier Insurance Company and Ross-King-Walker, Inc. Lawrence Circuit Court; LC Case#: 98-0061; Ruling Date: 10/12/2000; Ruling Judge: Michael Eubanks; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, P.J., Waller, J., Cobb, J., Diaz, J., Carlson, J., Graves, J., Concur. Pittman, C.J., Not Participating. Dissenting Opinion: McRae, P.J.


EN BANC
2000-KA-01834-SCT

Mills, A. D. v. State of Mississippi Madison Circuit Court; LC Case#: 99-0-362; Ruling Date: 10/20/2000; Ruling Judge: Samac Richardson; Disposition: Appellant's motion for rehearing is denied.


EN BANC
X 2001-CA-00552-SCT

Burgess, John, Elizabeth Burgess, John Godsey, Shirley Margaret Godsey and Margaret Allen Moyse v. City of Gulfport, Mississippi, Sam Albritton, Ricky Dombrowski, Billy Hewes, Kim Savant, Mitchell Company, Inc. and Gulf Condos, L.L.C. Harrison Circuit Court 1st District; LC Case#: A-2401-2000-510; Ruling Date: 03/13/2001; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Waller, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Carlson, J., Graves, J., Concur. Easley, J., Dissents Without Separate Written Opinion. McRae, P.J., Cobb, J., Diaz, J., Not Participating.


EN BANC
2002-M-00185

USF&G Insurance Company of Mississippi v. George K. Walls and Roxie Ann Wells Panola Chancery Court 2nd District; LC Case#: B-99-07-272; Ruling Judge: Dennis Baker; Disposition: Petition for interlocutory appeal filed by USF&G Insurance Company of Mississippi is granted. Easley, J., not participating. Order entered.


EN BANC
2002-TS-00375

ADW Transport, Inc. and William Blackstone v. Deborah D. Tiner Wayne Circuit Court; LC Case#: 99-43-CV; Ruling Date: 10/18/2001; Ruling Judge: Larry Roberts; Disposition: Motion to reconsider filed by the appellee is denied. The matter is remanded to the Circuit Court of Wayne County for further proceedings consistent with the order of this Court. McRae, P.J., and Easley, J., not participating. Order entered.


EN BANC
2002-M-00432

Stephens, Leonard Paul d/b/a Magnolia Home Center and American Family Home Insurance Company, a Florida Corporation v. Michael P. Ivers Forrest Circuit Court; LC Case#: CI-99-0174; Ruling Judge: Michael McPhail; Disposition: Petition and supporting brief for permission for interlocutory appeal and request for emergency stay filed by the petitioners is denied. Emergency motion to expedite ruling on request for emergency stay filed by petitioners is dismissed as moot. To Deny: McRae, P.J., Waller, Diaz and Graves, JJ. To Grant: Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ. Not Participating: Easley, J. Order entered.