Mississippi Supreme Court

Hand Down Lists
May 09, 1996

05/09/1996 - Hand Down and published opinions in WordPerfect/ZIP format

James W. Smith, J.
XX 92-KA-00627-SCT

Villaverde, Gustavo Damean v. State of Mississippi Appeal No. 26199 from Judgment dated APRIL 10, 1992, Harrison County Circuit Court, First Judicial District; Reversed and Remanded. Pittman, J., Specially Concurs with Separate Written Opinion joined by Mills, J. Harrison County is taxed with all costs of this appeal.


James L. Roberts Jr., J.
U 94-CA-01177-SCT

Marion County Board of Supervisors and Lloyd Johnson in his Representative Capacity as Supervisor and as a Member of the Marion County Board of Supervisors v. T. Lake Pennington, Kathy Meunier, Gerald Meunier, Susan Pigott, and Michael Tooke, M. D. Appeal No. 11933 from Judgment dated OCTOBER 24, 1994, Marion County Circuit Court; Reversed and Rendered. Lee, C.J., and McRae, J., Concur in result only. Appellees are taxed with all costs of this appeal.


Chuck McRae, J.
X 92-CC-00128-SCT

Mississippi State Board of Public Accountancy Acting as Board and Trial Board; Roy L. Horton, Joseph F. Curry, Cathy R. Reed, Margaret F. Butler, John M. Robinson, Marvel A. Turner, Sr., Sam J. Larosa, Jr., and Ben B. Sayle, Sr., Certified Public Accounta v. Stephen W. Gray, C.P.A. Appeal No. 12044 from Judgment dated JANUARY 16, 1992, Marion County Circuit Court; The Order of the Circuit Court is Reversed and the Board's decision is reinstated. Appellee is taxed with all costs of this appeal.


Chuck McRae, J.
X 92-KA-01102-SCT

Cotton, Fredrick v. State of Mississippi Appeal No. 13875 from Judgment dated OCTOBER 23, 1992, Pike County Circuit Court; Reversed and Remanded. Pike County is taxed with all costs of this appeal.


Chuck McRae, J.
X 92-CA-01220-SCT

ANDERSON, Deceased, IN THE MATTER OF THE ESTATE OF CHARLES MAURICE: Howard W. Davis v. Deposit Guaranty National Bank, Frank U. Parent and Jeffrey D. Hall, Officers of Deposit Guaranty National Bank Trust Division and Taylor and Dykes Forestry, Inc. and J. Marvin Taylor, President and Co-Owner of Taylor and Dykes Forestry, Inc. Appeal No. 8551 from Judgment dated JULY 30, 1992, Amite County Chancery Court; Judgment is Affirmed. Prather, P.J., Not Participating. Appellant is taxed with all costs of this appeal.


Fred L. Banks, J.
92-CA-01212-SCT

Mississippi Farm Bureau Mutual Insurance Company v. William J. Slayton Appeal No. 12025 from Judgment dated OCTOBER 27, 1992, Claiborne County Chancery Court; Before Sullivan, P.J., Pittman and Banks, JJ.: Judgment is Affirmed. McRae, J., Not Participating. Appellant is taxed with all costs of this appeal. DISPOSITION - Appellant's Petition and Application for Writ of Prohibition and/or Motion for Recusal denied. Order entered.


Fred L. Banks, J.
X 92-CC-01304-SCT

Lehman-Roberts Company v. State Highway Commission of Mississippi Appeal No. 143853 from Judgment dated NOVEMBER 18, 1992, Hinds County Chancery Court, First Judicial District; Affirmed on Direct Appeal; Reversed and Rendered on Cross-Appeal. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.


Fred L. Banks, J.
93-KP-00128-SCT

Johnston, Ronald Gene v. State of Mississippi Appeal No. 92067CV1 from Judgment dated JANUARY 21, 1993, Lowndes County Circuit Court; Before Sullivan, P.J., Pittman and Banks, JJ.: Lower Court's denial of Post-Conviction Relief Affirmed. Prather, P.J., Not Participating. Lowndes County is taxed with all costs of this appeal.


Fred L. Banks, J.
93-CA-00554-SCT

Templeton, Etoile Turner v. John Harvey Turner and Mary Katherine Turner a/k/a Mary Kathryn Turner Appeal No. 19758 from Judgment dated FEBRUARY 18, 1993, Oktibbeha County Chancery Court; Before Sullivan, P.J., Pittman and Banks, JJ.: Judgment is Affirmed. Prather, P.J., Not Participating. Appellant is taxed with all costs of this appeal. DISPOSITION - Appellant's Motion to Amend Statement of Issues granted. Order entered.


Fred L. Banks, J.
93-CA-00763-SCT

McCrory, Deceased, IN RE: The Estate of Margaret: Patricia Donaghe, Executrix v. Donal McCrory, David McCrory, Frankie McCrory, Alice McCrory, The American Cancer Society, Vicksburg Senior Citizens Recreation Association, and Mississippi Methodist Childrens Home Appeal No. 21290 from Judgment dated MAY 28, 1993, Warren County Chancery Court; Before Sullivan, P.J., Pittman and Banks, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
U 92-CA-01356-SCT

Dodson, Johnny v. Sgt. Charles Estridge, Bruce Lakes, Earnest Wright and Sylvester Johnson Appeal No. 9114728B from Judgment dated NOVEMBER 19, 1992, Sunflower County Circuit Court; Reversed and Remanded. Lee, C.J., Not Participating. Sunflower County is taxed with all costs of this appeal.


Michael Sullivan, P.J.
U 95-CA-00401-SCT

Johnston, IN THE MATTER OF THE GUARDIANSHIP OF Justin William, a minor: Ben Lott v. Glenda Leach, Travis Leach and Iva Carol O'Cain Appeal No. 38107 from Judgment dated APRIL 04, 1995, Rankin County Chancery Court; Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
X 92-CA-01172-SCT

PARKER, Deceased, IN THE MATTER OF THE ESTATE OF THOMAS A.: Carol Norman Fontenot, Executrix of the Last Will and Testament of Thomas A. Parker, Deceased v. John David Dorchak and Donna Rittener Dorchak Appeal No. P3137 from Judgment dated OCTOBER 14, 1992, Harrison County Chancery Court, First Judicial District; Judgment is Affirmed. McRae, J., Concurs in result only. Appellant is taxed with all costs of this appeal.


EN BANC
89-R -99003-SCT

Mississippi Supreme Court Rules, In Re: DISPOSITION - Petition of the Mississippi Court Reporters Association Requesting that the Court Amend the Mississippi Supreme Court Rules Adopted January 1, 1988, dismissed as moot. Order entered.


EN BANC
XX 90-DP-00266-SCT

Williams, Jessie Derrell v. State of Mississippi Appeal No. 8310202 from Judgment dated JANUARY 20, 1990, Jackson County Circuit Court; On change of venue to George County. Sentence of Death Affirmed. Execution Date to be set within sixty (60) days of final disposition of this case pursuant to Miss. Code Ann. Section 99-19-105(7) and M.R.A.P. 41(a). Smith, J., Prather, P.J., Pittman, Roberts and Mills, JJ., Concur. Banks, J., Concurs with Separate Written Opinion joined by Lee, C.J., and Sullivan, P.J. McRae, J., Not Participating. Jackson County is taxed with all costs of this appeal.


EN BANC
93-CT-00032-COA

Suddoth, Teresa, as Mother, and on Behalf of the Heirs-at-Law of Terrance Suddoth, Deceased v. Thomas Trucking, Inc. Appeal No. 9528 from Judgment dated SEPTEMBER 30, 1992, Grenada County Circuit Court; DISPOSITION - Appellant's Petition for Writ of Certiorari denied. To Deny: Lee, C.J., Prather, P.J., Pittman, Roberts, Smith and Mills, JJ. To Grant: Sullivan, P.J., Banks and McRae, JJ. Order entered.


EN BANC
93-CT-00925-COA

Gates Logging, Inc., and Ponchatoula Forest Products, Inc., and W. A. Gates, Jr. v. Hood Industries, Inc. Appeal No. 4671 from Judgment dated JULY 02, 1992, Stone County Circuit Court; DISPOSITION - Appellants' Petition for Writ of Certiorari denied. To Deny: All Justices. Order entered.


EN BANC
93-CT-01109-COA

Russell, Alvin Jude v. State of Mississippi Appeal No. 27491 from Judgment dated SEPTEMBER 23, 1993, Harrison County Circuit Court, First Judicial District; DISPOSITION - State's Petition for Writ of Certiorari granted. To Grant: Pittman, Banks, McRae and Roberts, JJ. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Smith and Mills, JJ. Order entered.


EN BANC
93-CT-01365-COA

Donald, James H. and Barbara Lindsay Donald v. Triple S Well Service, Inc. Appeal No. 7754 from Judgment dated NOVEMBER 08, 1993, Jefferson Davis County Circuit Court; DISPOSITION - On Court's own Motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for decision on Appellants' Petition for Writ of Certiorari under M.R.A.P. 17(e) is extended until June 10, 1996. Order entered.


EN BANC
94-CT-00088-COA

Calhoun, Nettie v. Ward's, Inc. Appeal No. 11903186 from Judgment dated NOVEMBER 30, 1993, Forrest County Circuit Court; DISPOSITION - Appellant's Petition for Writ of Certiorari denied. To Deny: All Justices. Order entered.


EN BANC
94-CT-00092-COA

Pinkham, Elizabeth Jeanette and John Larry Pinkham v. James Reeves Contractor, Inc. Appeal No. 92CV005R from Judgment dated NOVEMBER 18, 1993, Lauderdale County Circuit Court; DISPOSITION - On the Court's own Motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for decision on Elizabeth Jeanette Pinkham's Petition for Writ of Certiorari under M.R.A.P. 17(e) is extended until June 6, 1996. Order entered.


EN BANC
94-CT-00201-COA

MILES, Deceased, THE ESTATE OF GROVER C.: Martha Miles Gholar v. Donnie L. Register, III Appeal No. 9388 from Judgment dated OCTOBER 18, 1993, Scott County Circuit Court; DISPOSITION - Appellant's Petition for Writ of Certiorari denied. To Deny: All Justices. Order entered.


EN BANC
94-CT-00257-COA

APAC Mississippi, Inc. v. William Curtis James, Sr. and Arelenara James Appeal No. 916911 from Judgment dated FEBRUARY 14, 1994, Hinds County Circuit Court, First Judicial District; DISPOSITION - On the Court's own Motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for decision on Appellees' Petition for Writ of Certiorari under M.R.A.P 17(e) is extended until June 6. 1996. Order entered.


EN BANC
94-CT-00826-COA

Howard, Hubert Hernando v. State of Mississippi Appeal No. CR9410 from Judgment dated AUGUST 18, 1994, Yalobusha County Circuit Court, Second Judicial District; DISPOSITION - Appellant's Petition for Writ of Certiorari denied. To Deny: All Justices. Order entered.


EN BANC
95-CT-00007-COA

Riley, Connie Rae Atkinson v. Billy Wayne Doerner Appeal No. F7730 from Judgment dated OCTOBER 20, 1994, Lauderdale County Chancery Court; DISPOSITION - Appellant's Petition for Writ of Certiorari granted. To Grant: Sullivan, P.J., Pittman, Banks and McRae, JJ. To Deny: Lee, C.J., Prather, P.J., Roberts, Smith and Mills, JJ. Order entered.