05/01/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, James W.
  2007-CA-00140-SCT

Covenant Health and Rehab of Vicksburg,LP and Covenant Dove, Inc. v. The Estate of Calvert Brown, Sr., Deceased, Rosemary Cashman Brown, Executrix; Warren Circuit Court; LC Case #: 06,0086-CI; Ruling Date: 01/05/2007; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

In Re: The Rules of Civil Procedure; Disposition: On the Court's own motion, Rule 60 of the Rules of Civil Procedure is hereby amended by the addition of sub-section(c), as set forth in Exhibit "A" attached to the order. The Comment to Rule 59 of the Mississippi Rules of Civil Procedure is amended to read as set forth in Exhibit "B" attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and a true certified copy shall be forwarded to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. Agreed: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson, Randolph and Lamar, JJ. Disagreed: Easley, J. Not Participating: Graves, J. Order entered.

Anthony Terrell Booker a/k/a Robert Booker v. State of Mississippi; Jackson Circuit Court; LC Case #: 2003-10,660(3); Ruling Date: 05/20/2004; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by counsel for Anthony Terrell Booker is granted. To Grant: Waller and Diaz, P.JJ., Easley, Graves and Dickinson, JJ. To Deny: Smith, C.J., Carlson, Randolph and Lamar, JJ. Order entered.

George R. Barton and Betty S. Barton v. Joseph L. Blount, Commissioner and Mississippi State Tax Commission; Hinds Chancery Court 1st District; LC Case #: G-2004-857 S/2; Ruling Date: 04/10/2006; Ruling Judge: William Singletary; Disposition: Petition for writ of certiorari filed by Joseph L. Blount and the Mississippi State Tax Commission is denied. To Deny: Smith, C.J., Diaz, P.J., Carlson, Graves, Dickinson and Lamar, JJ. To Grant: Waller, P.J., Easley and Randolph, JJ. Order entered.

James Michael Strickland v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2000-0500-CR1; Ruling Date: 08/31/2006; Ruling Judge: Lee Howard; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., and Graves, J., would grant. Easley, J., not participating.

Towander Denise Broadhead a/k/a Towanda Denise Garner a/k/a Tawana Denise Broadhead v. State of Mississippi; Jackson Circuit Court; LC Case #: 2004-10,042; Ruling Date: 11/21/2006; Ruling Judge: Kathy Jackson; Disposition: Petition for writ of certiorari filed by counsel for Towander Denise Broadhead is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Graves, Dickinson, Randolph and Lamar, JJ. To Dismiss: Carlson, J. To Grant: Easley, J. Order entered.

Alfa Insurance Corporation v. Thomas Hasselle and Shirley Hasselle; Pike Chancery Court; LC Case #: 2005-666; Ruling Date: 12/18/2006; Ruling Judge: Debbra Halford; Consolidated with 2007-CA-00037-SCT Alfa Insurance Corporation v. Thomas Hasselle and Shirley Hasselle; Pike Chancery Court; LC Case #: 2005-666; Ruling Date: 12/18/2006; Ruling Judge: Debbra Halford; Disposition: This Court's order filed on March 6, 2008, dismissing the interlocutory appeal, No. 2007-IA-00029-SCT, is vacated. The petition for interlocutory appeal was granted by this Court on February 16, 2007. The Court now finds that the petition was improvidently granted and that the interlocutory appeal should be dismissed. On the Court's own motion, the interlocutory appeal of Alfa Insurance Corporation, No. 2007-IA-00029-SCT, is hereby dismissed as improvidently granted. The direct appeal of Alfa Insurance Corporation, No. 2007-CA-00037-SCT, is hereby dismissed for lack of an appealable judgment by the trial court. Costs, if any, are assessed to the appellant, Alfa Insurance Corporation. Smith, C.J., for the Court. Order entered.

Alfa Insurance Corporation v. Thomas Hasselle and Shirley Hasselle; Pike Chancery Court; LC Case #: 2005-666; Ruling Date: 12/18/2006; Ruling Judge: Debbra Halford; Consolidated with 2007-IA-00029-SCT Alfa Insurance Corporation v. Thomas Hasselle and Shirley Hasselle; Pike Chancery Court; LC Case #: 2005-666; Ruling Date: 12/18/2006; Ruling Judge: Debbra Halford; Disposition: This Court's order filed on March 6, 2008, dismissing the interlocutory appeal, No. 2007-IA-00029-SCT, is vacated. The petition for interlocutory appeal was granted by this Court on February 16, 2007. The Court now finds that the petition was improvidently granted and that the interlocutory appeal should be dismissed. On the Court's own motion, the interlocutory appeal of Alfa Insurance Corporation, No. 2007-IA-00029-SCT, is hereby dismissed as improvidently granted. The direct appeal of Alfa Insurance Corporation, No. 2007-CA-00037-SCT, is hereby dismissed for lack of an appealable judgment by the trial court. Costs, if any, are assessed to the appellant, Alfa Insurance Corporation. Smith, C.J., for the Court. Order entered.