05/13/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2003-CA-00046-SCT

Kerr-McGee Corporation and Kerr-McGee Chemical LLC v. Maranatha Faith Center, Inc. and Sanderson Plumbing Products, Inc.; Lowndes Circuit Court; LC Case #: 2002-0004-CV1; Ruling Date: 12/06/2002; Ruling Judge: Lee Howard; Majority Opinion: Graves, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz and Randolph, JJ., not participating.

Janssen Pharmaceutica, Inc., Johnson & Johnson and Yoshinobu Namihira, M.D. v. Bertha Grant, et al.; Smith Circuit Court; LC Case #: 2002-102; Ruling Date: 01/10/2003; Ruling Judge: Robert Evans; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Graves, J., Concur. Dickinson, J., Concurs with Separate Written Opinion. Easley, J., Dissents with Separate Written Opinion. Diaz and Randolph, JJ., not participating. Concurring Opinion: Dickinson, J. Dissenting Opinion: Easley, J.

Gerald James Holland v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 22497; Ruling Date: 04/02/1993; Ruling Judge: Kosta Vlahos; Disposition: Holland's Motion to Stay the Proceedings Pending the Outcome of Schriro v. Summerlin is denied. Diaz, J., not participating. Order entered.

F. Baxter Lane and Kathryn Lane v. A. J. M. Oustalet, Jr., Alfonso Realty, Inc., and Jerry Rosetti, Esquire; Harrison Circuit Court 1st District; LC Case #: A-2401-97-00523; Ruling Date: 10/05/2000; Ruling Judge: John Whitfield; Majority Opinion: Graves, J. Disposition: The Judgment of the Court of Appeals is Affirmed as to Alfonso Realty, Inc., and Reversed as to A.J.M. Oustalet, Jr., and Jerry Rosetti, Esquire. The Judgment of the Circuit Court is Reversed and this case is Remanded for a new trial. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Carlson, JJ., Concur. Diaz, Dickinson and Randolph, JJ., not participating.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Clarification and/or Reconsideration filed by appellees is denied. Although Justice Michael K. Randolph was not a member of the Court at the time the motion was filed, he has elected in the exercise of judicial discretion not to participate in the decision of the case and hereby recuses. Smith, C.J., and Waller, P.J., and Diaz, Carlson and Graves, JJ., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Clarification and/or Reconsideration filed by appellees is denied. Although Justice Michael K. Randolph was not a member of the Court at the time the motion was filed, he has elected in the exercise of judicial discretion not to participate in the decision of the case and hereby recuses. Smith, C.J., and Waller, P.J., and Diaz, Carlson and Graves, JJ., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Clarification and/or Reconsideration filed by appellees is denied. However, in the exercise of discretion, Chief Justice James W. Smith, Jr., shall not participate and does hereby recuse in this matter. Waller, P.J., and Diaz, Carlson, Graves, Dickinson and Randolph, JJ., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Clarification and/or Reconsideration filed by appellees is denied. However, in the exercise of discretion, Chief Justice James W. Smith, Jr., shall not participate and does hereby recuse in this matter. Waller, P.J., and Diaz, Carlson, Graves, Dickinson and Randolph, JJ., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Clarification and/or Reconsideration filed by appellees is denied to the extent that it seeks recusal of Presiding Justice Kay B. Cobb. Smith, C.J., and Waller, P.J., and Diaz, Carlson, Graves and Randolph, JJ., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Clarification and/or Reconsideration filed by appellees is denied to the extent that it seeks recusal of Presiding Justice Kay B. Cobb. Smith, C.J., and Waller, P.J., and Diaz, Carlson, Graves and Randolph, JJ., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Six justices of the Court have recused or are otherwise not participating in this case, leaving only three participating. There are now insufficient justices available to form a quorum of the Court for consideration and decision of the merits of the case. On the Court's own motion, the attorneys in this matter shall be notified by the Clerk of the Court of the absence of a sufficient number of Justices and given ten days from the entry of this order to file with this Court an agreed list of two names of members of the bar to serve as special justices to consider and determine all issues in this case. If at the end of that time no such agreed list has been filed with the Court, the Governor shall be immediately notified by this Court's Administrator under the provisions of Article 6, Section 165 of the Mississippi Constitution of 1890 of the need to commission two others as special justices. Smith, C.J., and Waller, P.J., and Carlson, Graves and Randolph, JJ., Participating for Limited Administrative Purposes Only. Diaz, J., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Clarification and/or Reconsideration filed by appellees is denied to the extent that it seeks recusal of Justice Chuck Easley. Smith, C.J., and Waller, P.J., and Diaz, Carlson, Graves and Randolph, JJ., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Clarification and/or Reconsideration filed by appellees is denied to the extent that it seeks recusal of Justice Chuck Easley. Smith, C.J., and Waller, P.J., and Diaz, Carlson, Graves and Randolph, JJ., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Clarification and/or Reconsideration filed by appellees is denied. However, Justice George C. Carlson, Jr., has elected in the exercise of judicial discretion not to participate in the decision of this case and hereby recuses. Smith, C.J., and Waller, P.J., and Diaz, Graves and Randolph, JJ., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Clarification and/or Reconsideration filed by appellees is denied. However, Justice George C. Carlson, Jr., has elected in the exercise of judicial discretion not to participate in the decision of this case and hereby recuses. Smith, C.J., and Waller, P.J., and Diaz, Graves and Randolph, JJ., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Clarification and/or Reconsideration filed by appellees is denied. However, Justice James E. Graves, Jr., informed the Court prior to the filing of this motion and prior to the filing of the previous motion that he would not participate in this case. Justice James E. Graves, Jr., shall not participate in this case and hereby recuses. Smith, C.J., and Waller, P.J., and Diaz, Carlson, and Randolph, JJ., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Clarification and/or Reconsideration filed by appellees is denied. However, Justice James E. Graves, Jr., informed the Court prior to the filing of this motion and prior to the filing of the previous motion that he would not participate in this case. Justice James E. Graves, Jr., shall not participate in this case and hereby recuses. Smith, C.J., and Waller, P.J., and Diaz, Carlson, and Randolph, JJ., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Clarification and/or Reconsideration filed by appellees is denied to the extent that it seeks recusal of Justice Jess H. Dickinson. Smith, C.J., and Waller, P.J., and Diaz, Carlson, Graves and Randolph, JJ., not participating. Order entered.

Titan Indemnity Company, United States Fidelity and Guaranty Company and St. Paul Fire and Marine Insurance Company v. Carroll V. Hood, Hico, Inc. and Old South Insurance Group, Inc.; Copiah Circuit Court; LC Case #: 99-0400; Ruling Date: 03/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for Clarification and/or Reconsideration filed by appellees is denied to the extent that it seeks recusal of Justice Jess H. Dickinson. Smith, C.J., and Waller, P.J., and Diaz, Carlson, Graves and Randolph, JJ., not participating. Order entered.

Pamela Hobson, Individually and as Administratrix of the Estate of Charles Hobson, Deceased v. Waggoner Engineering, Inc. and National Seal Company; Scott Circuit Court; LC Case #: 96-0063; Ruling Date: 04/16/2001; Ruling Judge: V. Cotten; 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 consideration of the petition for writ of certiorari filed by Pamela Hobson is extended until June 10, 2004. A final decision on whether to grant or deny the petition shall be entered on or before June 10, 2004. Order entered.

State of Mississippi, Ex Rel. Jim Hood, Attorney General, and Phil Bryant, Auditor of Public Accounts, for the Use and Benefit of Madison County, Mississippi v. Madison County, Mississippi, Acting by and Through the Madison County Board of Supervisors and Herring Appraisal & Computer Services, Inc.; Madison Circuit Court; LC Case #: CI-2001-0130; Ruling Date: 08/01/2001; Ruling Judge: Samac Richardson; Majority Opinion: Cobb, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

David H. Vincent v. Joan (Hankins) Vincent Griffin; DeSoto Chancery Court; LC Case #: 95-12-1376L; Ruling Date: 04/06/2001; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Joan (Hankins) Vincent Griffin taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Robert Lee DeLoach v. State of Mississippi; Lowndes Circuit Court; LC Case #: 96-574-CRl; Ruling Date: 05/20/1997; Ruling Judge: Lee Howard; Majority Opinion: Cobb, P.J. Disposition: Reversed and Remanded to the Court of Appeals for further consideration and a decision on the merits. Lowndes County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz and Easley, JJ., not participating.

Lytricia Lambert v. Travis Lambert; Lawrence Chancery Court; LC Case #: 2000-0114; Ruling Date: 06/12/2001; Ruling Judge: J. Buffington; Disposition: Petition for writ of certiorari filed by Travis Lambert is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Janssen Pharmaceutica, Inc. and Johnson & Johnson v. Robert Bailey, Rosie Lee Bell, Barbara Bishop, Connie Coleman, Martha Evans, Macy B. Johnston, by and through her natural parents and next friends, Milton Johnston, Tracy Johnston, Maurice Landers, Elsie Queen, Janis White and Mary Williams; Claiborne Circuit Court; LC Case #: 2001-162; Ruling Date: 09/29/2001; Ruling Judge: Lamar Pickard; Disposition: Appellees' Motion to Strike Rule 28(f) Pamphlet is granted. Order entered.

Janssen Pharmaceutica, Inc. and Johnson & Johnson v. Robert Bailey, Rosie Lee Bell, Barbara Bishop, Connie Coleman, Martha Evans, Macy B. Johnston, by and through her natural parents and next friends, Milton Johnston, Tracy Johnston, Maurice Landers, Elsie Queen, Janis White and Mary Williams; Claiborne Circuit Court; LC Case #: 2001-162; Ruling Date: 09/29/2001; Ruling Judge: Lamar Pickard; Disposition: Appellants' Motion for Request for Judicial Notice Pursuant to M.R.E. 201 is denied. Order entered.

Janssen Pharmaceutica, Inc. and Johnson & Johnson v. Robert Bailey, Rosie Lee Bell, Barbara Bishop, Connie Coleman, Martha Evans, Macy B. Johnston, by and through her natural parents and next friends, Milton Johnston, Tracy Johnston, Maurice Landers, Elsie Queen, Janis White and Mary Williams; Claiborne Circuit Court; LC Case #: 2001-162; Ruling Date: 09/29/2001; Ruling Judge: Lamar Pickard; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Dickinson, J., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents With Separate Written Opinion. Diaz and Randolph, JJ., not participating. Dissenting Opinion: Easley, J.

Winslow Poe v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-292-CR; Ruling Date: 05/03/2002; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by counsel for Winslow Poe is denied. To Deny: Smith, C.J., Waller and Cobb, JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Gulf Coast Research Laboratory, Harold D. Howse and David Cook v. Kumar Amaraneni, Administrator of the Estate of Amaraneni Venkataramiah and G. J. Lakshmi; Jackson Chancery Court; LC Case #: 50,839; Ruling Date: 10/09/2001; Ruling Judge: Jaye Bradley; Consolidated with 91-CA-00172-SCT Gulf Coast Research Laboratory, Harold D. Howse and David Cook v. Kumar Amaraneni, Administrator of the Estate of Amaraneni Venkataramiah, and G. J. Lakshmi; Jackson Chancery Court; LC Case #: 50839 ; Ruling Date: 01/16/1991; Ruling Judge: Kenneth Robertson; Majority Opinion: Smith, C.J. Disposition: Vacated and Remanded. Appellees taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Jesse M. Ash, Sr. v. Floy Lorriane Russom Ash; Marshall Chancery Court; LC Case #: 00-0160; Ruling Date: 04/03/2002; Ruling Judge: Glenn Alderson; 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 consideration of the petition for writ of certiorari filed by Floy Lorraine Russom Ash is extended until June 25, 2004. A final decision on whether to grant or deny the petition shall be entered on or before June 25, 2004. Order entered.

Rosetta Harris v. Mississippi Valley State University; The Board of Trustees of State Institutions of Higher Learning; Dr. William Sutton; Dr. Lester C. Newman; Dr. W.E. Thomas; Dr. Saliba Mukoro; Dr. Mohammad R. Hoque; Vince Venturini; and Dr. Roy Hudson; Leflore Circuit Court; LC Case #: 95-0088-CI ; Ruling Date: 05/23/2002; Ruling Judge: Richard Smith; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson and Dickinson, JJ., Concur. Diaz, Graves and Randolph, JJ., not participating.

Mississippi Department of Transportation v. Maretha A. Johnson; Prentiss Circuit Court; LC Case #: CV99-227-FPR; Ruling Date: 11/12/2002; Ruling Judge: Richard Bowen; Majority Opinion: Carlson, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Concur. Dickinson, J., Dissents With Separate Written Opinion Joined by Easley and Graves, JJ. Diaz and Randolph, JJ., not participating. Dissenting Opinion: Dickinson, J. Votes: Easley and Graves, JJ., Join This Opinion.

Dr. Lester Newman, Perna Carter and Mississippi Valley State University v. Sheron Brown Gary; Hinds Circuit Court 1st District; LC Case #: 251-02-0926CIV; Ruling Judge: Winston Kidd; Disposition: This corrected order is issued to accurately reflect the votes of the Justices. By en banc order entered on April 29, 2004, the petition for interlocutory appeal was granted in this matter and a decision was rendered. The order erroneously did not reflect that Justice Graves did not participate. The prior order is corrected to show that Justice Diaz, Justice Graves and Justice Randolph did not participate. In all other respects, the order remains in full force and effect. Not Participating: Diaz, Graves and Randolph, JJ. Corrected Order entered.