05/05/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2004-CA-00617-SCT

Huff-Cook, Inc. (Settlers Life Insurance Company), Peoples Benefit Life Insurance Company and Veterans Life Insurance Company v. George Dale, Commissioner of Insurance of the State of Mississippi, in His Capacity as Liquidator of First National Life Insurance Company of America, Mississippi Life and Health Insurance Guaranty Association and National Organization of Life and Health Insurance Guaranty Associations; Hinds Chancery Court 1st District; LC Case #: G99-908 S/2; Ruling Date: 02/17/2004; Ruling Judge: William Singletary; Majority Opinion: Randolph, J. Disposition: Vacated and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

William Roberts Wilson, Jr. and Wm. Roberts Wilson, Jr., P.A. v. Richard F. Scruggs; Richard F. Scruggs, P.A.; Asbestos Group, P.A.; Scruggs, Millette, Lawson, Bozeman & Dent, P.A.; and Scruggs, Millette, Bozeman & Dent, P.A. AND Alwyn H. Luckey v. Richard F. Scruggs; William Roberts Wilson, Jr.; Wm. Roberts Wilson, Jr., P.A.; Asbestos Group, P.A.; Richard F. Scruggs, P.A.; and Scruggs, Millette, Lawson, Bozeman & Dent, P.A. AND Richard F. Scruggs; Richard F. Scruggs, P.A.; and Asbestos Group, P.A. v. Alwyn H. Luckey; Hinds Circuit Court 1st District; LC Case #: 251-94-582; Ruling Date: 05/31/2002; Ruling Judge: L. Hilburn, ; Consolidated with 2002-CA-01695-SCT Richard F. Scruggs and Richard F. Scruggs, P.A. v. William Roberts Wilson, Jr., P.A.; Hinds Circuit Court 1st District; LC Case #: 251-94-582-CIV; Ruling Date: 08/26/2002; Ruling Judge: Bobby DeLaughter; Disposition: Motion for Voluntary Dismissal filed by counsel for all parties is granted. These appeals are dismissed upon entry of this order. Each party shall bear its own costs. Diaz, Carlson and Randolph, JJ., not participating. Smith, C.J., for the Court. Order entered.

Dillard's, Inc. v. Michael J. Scott; Hinds Circuit Court 1st District; LC Case #: 251-00-1257 CIV; Ruling Date: 08/06/2002; Ruling Judge: Tomie Green; Consolidated with 2003-IA-02723-SCT Dillard's, Inc. f/k/a Dillard Department Stores, Inc. v. Africia Johnson; Hinds Circuit Court 1st District; LC Case #: 251-01-981-CIV; Ruling Date: 12/16/2003; Ruling Judge: Tomie Green; Disposition: Petition for Writ of Prohibition filed by Dillard's, Inc., is denied. See Opinion of this Court handed down this date. Diaz, J., not participating.

Dillard's, Inc. v. Michael J. Scott; Hinds Circuit Court 1st District; LC Case #: 251-00-1257 CIV; Ruling Date: 08/06/2002; Ruling Judge: Tomie Green; Consolidated with 2003-IA-02723-SCT Dillard's, Inc. f/k/a Dillard Department Stores, Inc. v. Africia Johnson; Hinds Circuit Court 1st District; LC Case #: 251-01-981-CIV; Ruling Date: 12/16/2003; Ruling Judge: Tomie Green; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Writ of Prohibition Denied. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley and Graves, JJ., Concur in Part and Dissent in Part Without Separate Written Opinion. Diaz, J., not participating.

Sports Page Incorporated d/b/a David M's Investments, David E. Mattina, Jr. d/b/a Sports Page Incorporated, David E. Mattina, Jr. d/b/a Boomers and David E. Mattina, Jr., Individually v. Charles N. Punzo d/b/a Punzo Construction Co.; Harrison Circuit Court 2nd District; LC Case #: A2402-98-00093; Ruling Date: 01/10/2003; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed by counsel for the petitioner 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.

Willie Edward Williams, Jr. a/k/a Junebug v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 390-02; Ruling Date: 01/15/2003; Ruling Judge: Larry Roberts; Disposition: Petition for Writ of Certiorari and Motion to Amend or Correct Mandate filed by Willie Edward Williams, Jr., are denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Graves, J. Not Participating: Diaz, J. Order entered.

Willie Edward Williams, Jr. a/k/a Junebug v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 390-02; Ruling Date: 01/15/2003; Ruling Judge: Larry Roberts; Disposition: Petition for Writ of Certiorari and Motion to Amend or Correct Mandate filed by Willie Edward Williams, Jr., are denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Graves, J. Not Participating: Diaz, J. Order entered.

Roman Catholic Diocese of Jackson, Mississippi, and Bishop William R. Houck v. Kenneth Morrison, Francis Morrison, Thomas Morrison, and Dorothy Morrison; Hinds Circuit Court 1st District; LC Case #: 251-02-744CIV; Ruling Date: 03/31/2003; Ruling Judge: Winston Kidd; Consolidated with 2003-IA-00744-SCT Roman Catholic Diocese of Jackson, Mississippi, and Bishop William R. Houck v. Kenneth Morrison, Francis Morrison, Thomas Morrison, and Dorothy Morrison; Hinds Circuit Court 1st District; LC Case #: 251-02-744C11; Ruling Date: 04/18/2003; Ruling Judge: Winston Kidd; Majority Opinion: Dickinson, J. Disposition: Affirmed in Part, Vacated in Part and Remanded. Appellants taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., and Carlson, J., Concur. Graves, J., Concurs in Result Only. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Smith, C.J., Dissents with Separate Written Opinion Joined in Part by Easley, J. Diaz and Randolph, JJ., not participating. Dissenting Opinion: Smith, C.J. Votes: Easley, J., Joins This Opinion in Part.

Mississippi Real Estate Commission v. Sarah Marie McCaughan, Broker; Rankin Circuit Court; LC Case #: 2002-297; Ruling Date: 05/12/2003; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by counsel for Sarah Marie McCaughan is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. To Grant: Randolph, J. Not Participating: Diaz, J. Order entered.

Michael Andrew Carpenter v. State of Mississippi; Wayne Circuit Court; LC Case #: 03-033-K; Ruling Date: 07/11/2003; Ruling Judge: Larry Roberts; Disposition: Petition for rehearing filed pro se by Michael Andrew Carpenter is denied. Diaz, J., not participating.

John Adams v. Christopher Epps; Sunflower Circuit Court; LC Case #: 2003-0127-M; Ruling Date: 10/29/2003; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed pro se by John Adams is dismissed. To Dismiss: Smith, C.J., Carlson, Graves and Randolph, JJ. To Deny: Waller and Cobb, P.JJ., Easley and Dickinson, JJ. Not Participating: Diaz, J. Order entered.

Delta Health Group; Pensacola Health Trust, Inc.; Scott J. Bell; Susan L. Griffin; Scott A. Lindsey; John Does 1 through 10; and Unidentified Entities 1 through 10 (As to Chateau Deville Nursing Center) v. The Estate of Freddie Irene Weissner by and through Donald Glenn, Administrator of the Estate of Freddie Irene Weissner, for the use and benefit of the Estate of Freddie Irene Weissner, and for the use and benefit of the Wrongful Death Beneficiaries of Freddie Irene Weissner; Jackson Circuit Court; LC Case #: 2001-00452(3); Ruling Date: 03/03/2005; Ruling Judge: Robert Krebs; Disposition: Petition for Permission to Appeal filed by Delta Health Group, et al., is granted, but no additional briefing is necessary. The order of the Circuit Court of Jackson County in Cause No. 2001-00452(3) which was filed January 25, 2005 is reversed as to paragraph six which granted the Motion to Compel Punitive Request for Production. The trial court shall instead compel only the production of Requests for Production nos. 1, 2, 4 and 9 for the years 1999 and 2000. For purposes of determining punitive damages, the trial court shall compel the production of Requests for Production nos. 1 and 2 for the most recent accounting year only. Respondents' motion for sanctions is denied. The costs of this appeal are to be borne jointly by the parties. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley, J. Not Participating: Diaz and Graves, JJ. Randolph, J., for the Court. Order entered.

Delta Health Group; Pensacola Health Trust, Inc.; Scott J. Bell; Susan L. Griffin; Scott A. Lindsey; John Does 1 through 10; and Unidentified Entities 1 through 10 (As to Chateau Deville Nursing Center) v. The Estate of Freddie Irene Weissner by and through Donald Glenn, Administrator of the Estate of Freddie Irene Weissner, for the use and benefit of the Estate of Freddie Irene Weissner, and for the use and benefit of the Wrongful Death Beneficiaries of Freddie Irene Weissner; Jackson Circuit Court; LC Case #: 2001-00452(3); Ruling Date: 03/03/2005; Ruling Judge: Robert Krebs; Disposition: Petition for Permission to Appeal filed by Delta Health Group, et al., is granted, but no additional briefing is necessary. The order of the Circuit Court of Jackson County in Cause No. 2001-00452(3) which was filed January 25, 2005 is reversed as to paragraph six which granted the Motion to Compel Punitive Request for Production. The trial court shall instead compel only the production of Requests for Production nos. 1, 2, 4 and 9 for the years 1999 and 2000. For purposes of determining punitive damages, the trial court shall compel the production of Requests for Production nos. 1 and 2 for the most recent accounting year only. Respondents' motion for sanctions is denied. The costs of this appeal are to be borne jointly by the parties. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley, J. Not Participating: Diaz and Graves, JJ. Randolph, J., for the Court. Order entered.