04/19/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2005-CA-02082-SCT

Clyde Anglin v. Gulf Guaranty Life Insurance Company; Lee Circuit Court; LC Case #: 99-113(R)L; Ruling Date: 10/14/2005; Ruling Judge: Paul Funderburk; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Graves and Dickinson, JJ., Concur. Cobb, P.J., not participating.

Upchurch Plumbing, Inc. and Triconex Systems, Inc. v. Greenwood Utilities Commission; Leflore Circuit Court; LC Case #: 20-0024(H)(L); Ruling Date: 07/12/2005; Ruling Judge: W. Hines; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., not participating.

Sarenthia Channel; Peggy Crist; Theresa Edwards; Patricia Guthrie; Jane Hamilton; Helen Heard; Alice McCraven; Bertha Mixon; Jennie Parker; James Reed, Jr.; Glenda Rivers; Molly Robinson; Pamela Robinson; Karen Thornton; Virginia Townsend; Vera Wells; Mary Whittington; Linda Williams; and Peggy Winters v. Paul Kelly Loyacono and E. Scott Verhine; Hinds Circuit Court 1st District; LC Case #: 251-04-3-CIV; Ruling Date: 01/25/2005; Ruling Judge: W. Yerger; Majority Opinion: Cobb, P.J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellants and appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

In the Matter of the Extension of the Boundaries of the City of Sardis, Mississippi; Panola Chancery Court 1st District; LC Case #: S-03-08-193; Ruling Date: 11/16/2004; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Smith, C.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., not participating.

Tameika D. Garrett v. Cortney Jermall Jones and James McAllister; Rankin Circuit Court; LC Case #: CI-2003-257; Ruling Date: 02/14/2005; Ruling Judge: Samac Richardson; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., not participating.

In Re: Mississippi Rules of Appellate Procedure; Disposition: Motion to Amend Mississippi Rules of Appellate Procedure filed by the Hinds County Bar Association is granted in part and denied in part. The Mississippi Rules of Appellate Procedure are modified and corrected as set forth in 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, Second Series (Mississippi Edition) and for publication in the Mississippi Rules of Court. 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: On the Court's own motion, supplementation of the record is necessary. Within one (1) day of the date of entry of this order, the parties, either jointly or separately, shall file with the Clerk of this Court a certified copy of the Third Superceding Indictment and the 2007 jury verdict in United States v. Paul S. Minor, John Whitfield and Walter W. "Wes" Teel, Criminal No. 3:03cr120WS (S.D. Miss.) Diaz, Easley and Dickinson, JJ., not participating. Order entered.

Jerry McGee v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 00-0-245; Ruling Date: 09/25/2001; Ruling Judge: James Graves, Jr.; Disposition: Motion for rehearing filed by appellee is denied. Easley, J., would grant. Cobb, P.J., and Graves, J., not participating.

James B. Yelverton v. Rhonda H. Yelverton; Harrison Chancery Court 1st District; LC Case #: 02-00364; Ruling Date: 04/29/2004; Ruling Judge: Carter Bise; Disposition: Petition for writ of certiorari filed by James B. Yelverton is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Robert D. MacDonald, Decedent, by and through Nancy L. MacDonald, Individually and as Executrix of the Estate of Robert D. MacDonald, Deceased, and Representative of All Heirs-at-Law of the Decedent, Robert D. MacDonald v. Mississippi Department of Transportation; Hancock Circuit Court; LC Case #: 02-0110; Ruling Date: 09/28/2004; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed by counsel for Nancy MacDonald is denied. To Deny: All Justices. Order entered.

Azki Shah v. The Mississippi Bar; LC Case #: 2004B1499; Ruling Date: 03/07/2005; Disposition: Motion for rehearing filed by appellant is denied. Carlson, J., not participating.

Roy R. Gatlin and Nelda T. Gatlin v. Sanderson Farms, Inc.; Jones Circuit Court 2nd District; LC Case #: 99-150-CV9; Ruling Date: 11/23/2004; Ruling Judge: Billy Landrum; Disposition: Motion for rehearing filed by appellants is denied. Diaz and Easley, JJ., would grant. Cobb, P.J., not participating.

Penn National Gaming, Inc. v. Jeff Ratliff, Individually, as Natural Son of Evadine Ratliff and as Administrator of the Estate of Evadine Ratliff, Deceased; Clyde H. Ratliff, Individually, and as Husband of Evadine Ratliff, Deceased; and Jackie Ratliff Bartlett, Individually, and as Natural Daughter of Evadine Ratliff, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-1314CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Consolidated with 2005-IA-01704-SCT BSL, Inc. d/b/a Casino Magic Bay St. Louis and Danny McManus v. Jeff Ratliff, Individually, as Natural Son of Evadine Ratliff and as Administrator of the Estate of Evadine Ratliff, Deceased; Clyde H. Ratliff, Individually, and as Husband of Evadine Ratliff, Deceased; and Jackie Ratliff Bartlett, Individually, and as Natural Daughter of Evadine Ratliff, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-1314CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Disposition: Motion to Strike Appellees' Combined Rebuttal to Appellants' Response to Appellees' Motion for Rehearing is granted. Order entered.

Penn National Gaming, Inc. v. Jeff Ratliff, Individually, as Natural Son of Evadine Ratliff and as Administrator of the Estate of Evadine Ratliff, Deceased; Clyde H. Ratliff, Individually, and as Husband of Evadine Ratliff, Deceased; and Jackie Ratliff Bartlett, Individually, and as Natural Daughter of Evadine Ratliff, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-1314CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Consolidated with 2005-IA-01704-SCT BSL, Inc. d/b/a Casino Magic Bay St. Louis and Danny McManus v. Jeff Ratliff, Individually, as Natural Son of Evadine Ratliff and as Administrator of the Estate of Evadine Ratliff, Deceased; Clyde H. Ratliff, Individually, and as Husband of Evadine Ratliff, Deceased; and Jackie Ratliff Bartlett, Individually, and as Natural Daughter of Evadine Ratliff, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-1314CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing filed by appellees is granted. The prior opinion is withdrawn and this opinion is substituted therefor. Reversed and Remanded. Diaz, Graves and Dickinson, JJ., not participating.

Penn National Gaming, Inc. v. Jeff Ratliff, Individually, as Natural Son of Evadine Ratliff and as Administrator of the Estate of Evadine Ratliff, Deceased; Clyde H. Ratliff, Individually, and as Husband of Evadine Ratliff, Deceased; and Jackie Ratliff Bartlett, Individually, and as Natural Daughter of Evadine Ratliff, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-1314CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Consolidated with 2005-IA-01704-SCT BSL, Inc. d/b/a Casino Magic Bay St. Louis and Danny McManus v. Jeff Ratliff, Individually, as Natural Son of Evadine Ratliff and as Administrator of the Estate of Evadine Ratliff, Deceased; Clyde H. Ratliff, Individually, and as Husband of Evadine Ratliff, Deceased; and Jackie Ratliff Bartlett, Individually, and as Natural Daughter of Evadine Ratliff, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-1314CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Majority Opinion: Waller, P.J. Disposition: The motion for rehearing is granted. The prior opinion is withdrawn and this opinion is substituted therefor. Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson and Randolph, JJ., Concur. Diaz, Graves and Dickinson, JJ., not participating.

BSL, Inc. d/b/a Casino Magic Bay St. Louis and Danny McManus v. Jeff Ratliff, Individually, as Natural Son of Evadine Ratliff and as Administrator of the Estate of Evadine Ratliff, Deceased; Clyde H. Ratliff, Individually, and as Husband of Evadine Ratliff, Deceased; and Jackie Ratliff Bartlett, Individually, and as Natural Daughter of Evadine Ratliff, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-1314CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Consolidated with 2005-IA-01703-SCT Penn National Gaming, Inc. v. Jeff Ratliff, Individually, as Natural Son of Evadine Ratliff and as Administrator of the Estate of Evadine Ratliff, Deceased; Clyde H. Ratliff, Individually, and as Husband of Evadine Ratliff, Deceased; and Jackie Ratliff Bartlett, Individually, and as Natural Daughter of Evadine Ratliff, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-1314CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Disposition: Motion to Strike Appellees' Combined Rebuttal to Appellants' Response to Appellees' Motion for Rehearing is granted. Order entered.

BSL, Inc. d/b/a Casino Magic Bay St. Louis and Danny McManus v. Jeff Ratliff, Individually, as Natural Son of Evadine Ratliff and as Administrator of the Estate of Evadine Ratliff, Deceased; Clyde H. Ratliff, Individually, and as Husband of Evadine Ratliff, Deceased; and Jackie Ratliff Bartlett, Individually, and as Natural Daughter of Evadine Ratliff, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-1314CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Consolidated with 2005-IA-01703-SCT Penn National Gaming, Inc. v. Jeff Ratliff, Individually, as Natural Son of Evadine Ratliff and as Administrator of the Estate of Evadine Ratliff, Deceased; Clyde H. Ratliff, Individually, and as Husband of Evadine Ratliff, Deceased; and Jackie Ratliff Bartlett, Individually, and as Natural Daughter of Evadine Ratliff, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-1314CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Disposition: The motion for rehearing filed by appellees is granted. The prior opinion is withdrawn and this opinion is substituted therefor. Reversed and Remanded. Diaz, Graves and Dickinson, JJ., not participating.

Jerry Fitch, Sr. v. Johnny Valentine; Marshall Circuit Court; LC Case #: M99-380; Ruling Date: 04/12/2005; Ruling Judge: Andrew Howorth; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz and Carlson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Dickinson, J., Specially Concurs With Separate Written Opinion Joined In Part by Graves, J. Easley, J., Dissents With Separate Written Opinion. Specially Concurring Opinion: Dickinson, J. Votes: Graves, J., Joins This Opinion in Part. Dissenting Opinion: Easley, J.

Robert Sutherland v. Estate of Robert M. Ritter, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-04-271-CIV; Ruling Date: 12/13/2005; Ruling Judge: W. Yerger; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Dickinson and Randolph, JJ., Concur. Diaz, J., Dissents With Separate Written Opinion Joined by Easley and Graves, JJ. Cobb, P.J., not participating. Dissenting Opinion: Diaz, J. Votes: Easley and Graves, JJ., Join This Opinion.

Edward A. Williamson, Individually, Edward Williamson, P. A. and Michael J. Miller v. Alonzo and Janice Washington; Hinds Circuit Court 1st District; LC Case #: 251-05-112CIV; Ruling Judge: Winston Kidd; Disposition: Petition for interlocutory appeal filed by counsel for Edward A. Williamson and Michael J. Miller is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz, J. Order entered.

In Re: Frank Melton; Hinds Circuit Court 1st District; LC Case #: 06-0-719; Ruling Judge: Tomie Green; Disposition: Request for Striking Portions of the Defendant's Motion and Request for Sanctions and the Rehearing Request to Strike Defense Attorneys' Disrespectful Language and for Sanctions and Alternatively to Clarify filed by Judge Tomie Green and the Specific Request for a Standing Order Recusing Judge Green in all Existing and Future Cases filed by counsel for Frank Melton are stayed, with the exception of Judge Green's request for sanctions against counsel for Frank Melton. The matter of Judge Green's request for sanctions is remanded to the Hinds County Circuit Court for an evidentiary hearing. The circuit court shall make findings of fact regarding Judge Green's request for sanctions and submit them to this Court within thirty days of the conclusion of the hearing in the circuit court. Order entered.

In Re: Frank Melton; Hinds Circuit Court 1st District; LC Case #: 06-0-719; Ruling Judge: Tomie Green; Disposition: Request for Striking Portions of the Defendant's Motion and Request for Sanctions and the Rehearing Request to Strike Defense Attorneys' Disrespectful Language and for Sanctions and Alternatively to Clarify filed by Judge Tomie Green and the Specific Request for a Standing Order Recusing Judge Green in all Existing and Future Cases filed by counsel for Frank Melton are stayed, with the exception of Judge Green's request for sanctions against counsel for Frank Melton. The matter of Judge Green's request for sanctions is remanded to the Hinds County Circuit Court for an evidentiary hearing. The circuit court shall make findings of fact regarding Judge Green's request for sanctions and submit them to this Court within thirty days of the conclusion of the hearing in the circuit court. Order entered.