05/22/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2006-CA-00891-SCT

Tony Pratt v. Sylvia Dees Sessums; Washington Circuit Court; LC Case #: CI2003-0260; Ruling Date: 03/24/2006; Ruling Judge: Larry Lewis; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Waller, P.J., not participating.

Marshall Jerry Lyle v. State of Mississippi; Leake Circuit Court; LC Case #: 06-CR-001-LE-C; Ruling Date: 05/25/2007; Ruling Judge: V. Cotten; Majority Opinion: Dickinson, J. Disposition: Conviction of DUI Second Offense and Sentence of one (1) year in the Leake County Jail and pay a fine of $750.00 and all costs of court, Affirmed. Two (2) months of sentence is suspended and he is placed on probation for said two (2) month period provided that during said two (2) month period he shall enroll in an alcohol and drug program at his expense and a certificate of completion shall be furnished to the Court upon finalization of the program. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

Compere's Nursing Home, Inc., Plumpoint Christian Living Center, Inc. f/k/a Franklin Nursing Centers, Inc., Hugh C. Franklin and Christopher Plumlee v. The Estate of Minnie Farish, by and through Willie James Lewis, Sr., Individually and as Personal Representative, for the use and Benefit of the Estate of Minnie Farish, and for the use and benefit of the Wrongful Death Beneficiaries of Minnie Farish; Hinds Circuit Court 1st District; LC Case #: 251-04-810CIV; Ruling Date: 01/31/2007; Ruling Judge: Bobby DeLaughter; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Part and in Result.

Joe M. Bowen v. Betty Carol Bowen; Harrison Chancery Court 1st District; LC Case #: 2003-01232(3); Ruling Date: 12/07/2006; Ruling Judge: Sanford Steckler; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion.

In Re: Commission for Study of Domestic Abuse Proceedings; Disposition: On the Court's own motion, the Supreme Court Commission for Study of Domestic Abuse Proceedings is hereby established. The membership will be those persons named in Exhibit "A" attached to the order, all members having consented to serve. The Commission shall continue in existence through December 31, 2008, or for such additional term as the Chief Justice may order. The Task Force shall be co-chaired by Justice Ann H. Lamar and Special Assistant Attorney General Heather Wagner. The Commission shall study the existing statutes and procedural rules that impact proceedings, civil and criminal, involving charges of domestic abuse, and will on or before December 1, 2008, present its final report to the Court. Such report shall include the Commission's findings and make recommendations for changes in the statutes and rules, if such be needed, to improve the just, fair and effective disposition of such proceedings. Findings and recommendations should consider victim safety, equal access to the courts by victims and accused parties, due process, and accountability of offenders. Specifically, the Commission in its final report should address those specific matters set out in the order. The Clerk of this Court shall transmit to each member of the Commission hereby appointed a true copy of this order. Order entered.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Ruling Judge: R. Coleman; Disposition: Motion for Leave to File Rebuttal in Support of Motion for Rehearing filed by appellant on May 14, 2008 is granted and the rebuttal is accepted as filed. Motion for Rehearing and for Stay of May 21, 2008, Execution filed by appellant is denied. Diaz, P.J., would grant Motion for Rehearing and for Stay of May 21, 2008, Execution. Graves, J., not participating. Order entered.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Ruling Judge: R. Coleman; Disposition: Motion for Leave to File Rebuttal in Support of Motion for Rehearing filed by appellant on May 14, 2008 is granted and the rebuttal is accepted as filed. Motion for Rehearing and for Stay of May 21, 2008, Execution filed by appellant is denied. Diaz, P.J., would grant Motion for Rehearing and for Stay of May 21, 2008, Execution. Graves, J., not participating. Order entered.

John E. Shavers v. Ann B. Shavers; Harrison Chancery Court 1st District; LC Case #: 99-00193; Ruling Date: 10/03/2000; Ruling Judge: Walter Teel; Consolidated with 2001-CA-00164-SCT John E. Shavers v. Ann B. Shavers; Harrison Chancery Court 1st District; LC Case #: 99-00193; Ruling Date: 01/08/2001; Ruling Judge: Walter Teel; Consolidated with 2001-CA-01519-SCT John E. Shavers v. Ann B. Shavers; Harrison Chancery Court 1st District; LC Case #: 99-00193; Ruling Date: 06/01/2001; Ruling Judge: Walter Teel; Disposition: Motion to Withdraw as Counsel filed by Damon Scott Gibson is hereby dismissed as moot. Motion for leave to withdraw as counsel filed by B. G. Perry is hereby dismissed as moot. Order entered.

John E. Shavers v. Ann B. Shavers; Harrison Chancery Court 1st District; LC Case #: 99-00193; Ruling Date: 10/03/2000; Ruling Judge: Walter Teel; Consolidated with 2001-CA-00164-SCT John E. Shavers v. Ann B. Shavers; Harrison Chancery Court 1st District; LC Case #: 99-00193; Ruling Date: 01/08/2001; Ruling Judge: Walter Teel; Consolidated with 2001-CA-01519-SCT John E. Shavers v. Ann B. Shavers; Harrison Chancery Court 1st District; LC Case #: 99-00193; Ruling Date: 06/01/2001; Ruling Judge: Walter Teel; Majority Opinion: Smith, C.J. Disposition: As to 2000-CA-01867-SCT and 2001-CA-00164-SCT, Appeals Dismissed. As to 2001-CA-01519-SCT, Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves and Randolph, JJ., Concur. Dickinson and Lamar, JJ., not participating.

John E. Shavers v. S & S Properties, Inc.; Harrison Chancery Court 1st District; LC Case #: 00-1742; Ruling Date: 11/10/2000; Ruling Judge: Walter Teel; Disposition: On the Court's own motion to dismiss, the appeal in this matter is dismissed without prejudice. Either party may file a motion to re-open this appeal within thirty (30) days of any lifting of the automatic stay or the conclusion of Shavers's bankruptcy proceedings in the U. S. Bankruptcy Court, Southern District of Mississippi, case No. 03-55729, whichever first occurs. B. G. Perry's motion for leave to withdraw as counsel for John E. Shavers is hereby dismissed as moot. Not Participating: Dickinson and Lamar, JJ. Smith, C.J., for the Court. Order entered.

John E. Shavers v. S & S Properties, Inc.; Harrison Chancery Court 1st District; LC Case #: 00-1742; Ruling Date: 11/10/2000; Ruling Judge: Walter Teel; Disposition: On the Court's own motion to dismiss, the appeal in this matter is dismissed without prejudice. Either party may file a motion to re-open this appeal within thirty (30) days of any lifting of the automatic stay or the conclusion of Shavers's bankruptcy proceedings in the U. S. Bankruptcy Court, Southern District of Mississippi, case No. 03-55729, whichever first occurs. B. G. Perry's motion for leave to withdraw as counsel for John E. Shavers is hereby dismissed as moot. Not Participating: Dickinson and Lamar, JJ. Smith, C.J., for the Court. Order entered.

John E. Shavers v. Ann B. Shavers; Harrison Chancery Court 1st District; LC Case #: 99-00193; Ruling Date: 06/26/2002; Ruling Judge: Carter Bise; Disposition: On the Court's own motion to dismiss, the appeal in this matter is dismissed without prejudice. That either party may file a motion to re-open this appeal within thirty (30) days of any lifting of the automatic stay or the conclusion of Shavers's bankruptcy proceedings in the U.S. Bankruptcy Court, Southern District of Mississippi, case No. 03-55729, whichever first occurs. "Motion to Docket and Dismiss Appeal and for Attorneys Fees and Costs filed by counsel for Ann B. Shavers, "Motion to Stay Appellate Proceedings Due to Federal Removal" filed by counsel for John E. Shavers, "Motion to Consolidate Pending Appeals Subsequent to Stay Pending Remand" filed by counsel for John E. Shavers, the motion for costs and attorneys fees filed by counsel for Ann B. Shavers, and the motion for leave to withdraw as counsel filed by B. G. Perry, counsel for John E. Shavers, are hereby dismissed as moot. Not Participating: Dickinson and Lamar, JJ. Smith, C.J., for the Court. Order entered.

John E. Shavers v. Ann B. Shavers; Harrison Chancery Court 1st District; LC Case #: 99-00193; Ruling Date: 06/26/2002; Ruling Judge: Carter Bise; Disposition: On the Court's own motion to dismiss, the appeal in this matter is dismissed without prejudice. That either party may file a motion to re-open this appeal within thirty (30) days of any lifting of the automatic stay or the conclusion of Shavers's bankruptcy proceedings in the U.S. Bankruptcy Court, Southern District of Mississippi, case No. 03-55729, whichever first occurs. "Motion to Docket and Dismiss Appeal and for Attorneys Fees and Costs filed by counsel for Ann B. Shavers, "Motion to Stay Appellate Proceedings Due to Federal Removal" filed by counsel for John E. Shavers, "Motion to Consolidate Pending Appeals Subsequent to Stay Pending Remand" filed by counsel for John E. Shavers, the motion for costs and attorneys fees filed by counsel for Ann B. Shavers, and the motion for leave to withdraw as counsel filed by B. G. Perry, counsel for John E. Shavers, are hereby dismissed as moot. Not Participating: Dickinson and Lamar, JJ. Smith, C.J., for the Court. Order entered.

John E. Shavers v. Ann B. Shavers; Harrison Chancery Court 1st District; LC Case #: 99-00193; Ruling Date: 11/25/2002; Ruling Judge: Walter Teel; Disposition: On the Court's own motion to dismiss, the appeal in this matter is dismissed without prejudice. That either party may file a motion to re-open this appeal within thirty (30) days of any lifting of the automatic stay or the conclusion of Shavers's bankruptcy proceedings in the U.S. Bankruptcy Court, Southern District of Mississippi, case No. 03-55729, whichever first occurs. B. G. Perry's motion for leave to withdraw as counsel for John E. Shavers is hereby dismissed as moot. Not Participating: Dickinson and Lamar, JJ. Smith, C.J., for the Court. Order entered.

John E. Shavers v. Ann B. Shavers; Harrison Chancery Court 1st District; LC Case #: 99-00193; Ruling Date: 11/25/2002; Ruling Judge: Walter Teel; Disposition: On the Court's own motion to dismiss, the appeal in this matter is dismissed without prejudice. That either party may file a motion to re-open this appeal within thirty (30) days of any lifting of the automatic stay or the conclusion of Shavers's bankruptcy proceedings in the U.S. Bankruptcy Court, Southern District of Mississippi, case No. 03-55729, whichever first occurs. B. G. Perry's motion for leave to withdraw as counsel for John E. Shavers is hereby dismissed as moot. Not Participating: Dickinson and Lamar, JJ. Smith, C.J., for the Court. Order entered.

John E. Shavers v. Ann B. Shavers; Harrison Chancery Court 1st District; LC Case #: 99-00193; Ruling Judge: Carter Bise; Disposition: On the Court's own motion to dismiss, the appeal in this matter is dismissed without prejudice. That either party may file a motion to re-open this appeal within thirty (30) days of any lifting of the automatic stay or the conclusion of Shavers's bankruptcy proceedings in the U.S. Bankruptcy Court, Southern District of Mississippi, case No. 03-55729, whichever first occurs. Not Participating: Dickinson and Lamar, JJ. Smith, C.J., for the Court. Order entered.

Patrick DeJean v. Heywood DeJean, Christine DeJean and Hancock Bank; Jackson Chancery Court; LC Case #: 2001-1968 JB; Ruling Date: 02/07/2005; Ruling Judge: Jaye Bradley; Disposition: Petition for writ of certiorari filed by Patrick Dejean is denied. To Deny: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Diaz, P.J., and Easley, J. Order entered.

Harriet Cantrell v. James Green, M.D. and Meridian Orthopaedic Clinic; Lauderdale Circuit Court; LC Case #: 02-CV-075B; Ruling Date: 12/06/2005; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by counsel for James Green, M.D. and Meridian Orthopaedic Clinic is granted. To Grant: Smith, C.J., Easley, Carlson and Dickinson, JJ. To Deny: Waller and Diaz, P.JJ., Graves, Randolph and Lamar, JJ. Order entered.

Preston O. Gill v. Brenda Royals Gipson, Judy Royals McInnis, Catherine Royals Jones, Deborah Royals Norton and Christy Renee Royals; Pearl River Chancery Court; LC Case #: 01-359GN-TH; Ruling Date: 01/19/2006; Ruling Judge: James Thomas, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Preston O. Gill is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

James Herman Avara v. State of Mississippi; Pike Circuit Court; LC Case #: 99-169-KB; Ruling Date: 04/18/2006; Ruling Judge: Mike Smith; Disposition: Petition for writ of certiorari filed by James Herman Avara is granted. To Grant: Diaz, P.J., Graves, Dickinson and Randolph, JJ. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson and Lamar, JJ. Order entered.

Jeffrey Keith Havard v. State of Mississippi; Adams Circuit Court; LC Case #: 02-KR-0141-J; Ruling Date: 12/19/2002; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petitioner's Motion for Relief to Supplement/Expand Petition for Post-Conviction and for Particular Relief under Mississippi Rule of Civil Procedure 37(b)(2)(A) is denied. Order entered.

Jeffrey Keith Havard v. State of Mississippi; Adams Circuit Court; LC Case #: 02-KR-0141-J; Ruling Date: 12/19/2002; Ruling Judge: Forrest Johnson, Jr.; Disposition: Application for Leave to Proceed in the Trial Court and Motion for Other Relief is denied. See Opinion of this Court handed down this date. Diaz, P.J., would grant.

Jeffrey Keith Havard v. State of Mississippi; Adams Circuit Court; LC Case #: 02-KR-0141-J; Ruling Date: 12/19/2002; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Carlson, J. Disposition: Petition for Post Conviction Relief Denied. Adams County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, P.J., Dissents Without Separate Written Opinion.

Willie C. Johnson v. Brandy N. Thomas, a Minor, by and through Her Next Friend, John Polatsidis; Winston Circuit Court; LC Case #: 2005-CV-136; Ruling Date: 06/15/2006; Ruling Judge: Joseph Loper, Jr.; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Winston County Circuit Court is Reinstated and Affirmed. Willie C. Johnson taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., Concurs in Result Only. Graves, J., Dissents Without Separate Written Opinion.

L. D. Foxworth v. State of Mississippi; Marion Circuit Court; LC Case #: K03-0277P; Ruling Date: 09/08/2006; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by counsel for L. D. Foxworth is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

In the Matter of the Estate of Nathan McGee, Deceased: Frances Carolyn Harris Philip, Susan Catherine Harris Couch, Samuel King Harris, David Walton Longmire, James Alan Longmire and Robert William Longmire v. Margaret McDaniel Harveston, Administratrix, and RLI Insurance Company, Surety; Adams Chancery Court; LC Case #: 99-752; Ruling Date: 08/18/2006; Ruling Judge: George Ward; Disposition: Petition for writ of certiorari filed by counsel for Frances Carolyn Harris Philip, et al. is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

Jeffery A. Stallworth v. Mississippi Department of Public Safety; Hinds Circuit Court 1st District; LC Case #: 251-05-978 CIV; Ruling Date: 11/17/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Easley, Dickinson and Lamar, JJ., Concur. Carlson, J., Dissents with Separate Written Opinion Joined by Waller and Diaz P.JJ. Graves, J., not participating. Dissenting Opinion: Carlson, J. Votes: Waller and Diaz, P.JJ., Join This Opinion.

Jessica A. Hewett v. Jonathan L. Hewett; Lowndes Chancery Court; LC Case #: 2006-0177-D; Ruling Date: 05/16/2007; Ruling Judge: H. Davidson, Jr.; Disposition: Motion for Recusal of Justice Charles D. Easley, Jr., filed by counsel for Jessica A. Hewett is denied for failure to comply with Mississippi Rule of Appellate Procedure 48C as being untimely filed. Order entered.

In Re: Robbie K. Asher; LC Case #: 94BA324; Ruling Date: 09/21/2005; Disposition: Robbie K. Asher's Petition for Reinstatement to the Privilege of Practicing Law in the State of Mississippi is denied. See Opinion of this Court handed down this date. Easley and Graves, JJ., would grant.

In Re: Robbie K. Asher; LC Case #: 94BA324; Ruling Date: 09/21/2005; Majority Opinion: Randolph, J. Disposition: Robbie K. Asher's Petition for Reinstatement to the Privilege of Practicing Law in the State of Mississippi is denied. Robbie K. Asher taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson and Lamar, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion.

In Re: Petition for Reinstatement to the Practice of Law on Behalf of Gerald K. Baldwin, Jr.; Disposition: Gerald K. Baldwin, Jr.'s Petition for Reinstatement to the Practice of Law in the State of Mississippi is dismissed with prejudice. See Opinion of this Court handed down this date.

In Re: Petition for Reinstatement to the Practice of Law on Behalf of Gerald K. Baldwin, Jr.; Disposition: Motion to Dismiss filed by The Mississippi Bar is granted. See opinion of this Court handed down this date.

In Re: Petition for Reinstatement to the Practice of Law on Behalf of Gerald K. Baldwin, Jr.; Majority Opinion: Randolph, J. Disposition: Gerald K. Baldwin, Jr.'s Petition for Reinstatement to the Practice of Law in the State of Mississippi is dismissed with prejudice. Gerald K. Baldwin, Jr., taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

In Re: Petition for Reinstatement to the Practice of Law of Azki Shah; LC Case #: 2004-BD-1245; Ruling Date: 06/23/2005; Disposition: Azki Shah's Petition for Reinstatement to the Practice of Law in the State of Mississippi is dismissed without prejudice. See Opinion of this Court handed down this date. Graves, J., not participating.

In Re: Petition for Reinstatement to the Practice of Law of Azki Shah; LC Case #: 2004-BD-1245; Ruling Date: 06/23/2005; Disposition: Motion to Dismiss filed by The Mississippi Bar is granted in part and denied in part. See Opinion of this Court handed down this date. Graves, J., not participating.

In Re: Petition for Reinstatement to the Practice of Law of Azki Shah; LC Case #: 2004-BD-1245; Ruling Date: 06/23/2005; Majority Opinion: Waller, P.J. Disposition: Petition for Reinstatement to the Practice of Law of Azki Shah in the State of Mississippi is dismissed without prejudice. Azki Shah taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., Concurs in Result Only. Graves, J., not participating.

The Mississippi Bar v. Robert C. Arledge; Disposition: Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings filed by The Mississippi Bar is granted. Robert C. Arledge's name shall be stricken from the Bar rolls; Robert C. Arledge is immediately suspended from the practice of law in the State of Mississippi pending final disposition of these proceedings or until reversal of the aforementioned convictions; that further disciplinary proceedings on the formal complaint are stayed pending the conclusion of Arledge's appeals; that the Bar shall promptly notify this Court of the resolution of Arledge's appeals; and that the Clerk of this Court shall forward certified copies of this order to the Chancery Clerk and the Circuit Clerk of Warren County and to the Senior Chancellor of Warren County and to the Senior Circuit Judge of Warren County, and the order shall be entered upon the minutes of those courts in accordance with Rule 8.6(iii) of the Rules of Discipline. Order entered.

The Mississippi Bar v. Robert C. Arledge; Majority Opinion: Diaz, P.J. Disposition: Motion for Indefinite Suspension Pending Appeal, Striking from Rolls, Suspending and Staying Proceedings filed by The Mississippi Bar is granted. Robert C. Arledge's name shall be stricken from the Bar rolls; Robert C. Arledge is immediately suspended from the practice of law in the State of Mississippi pending final disposition of these disciplinary proceedings or until reversal of the aforementioned convictions; that further disciplinary proceedings on the formal complaint are stayed pending the conclusion of Arledge's appeals; that the Bar shall promptly notify this Court of the resolution of Arledge's appeals; and that the Clerk of this Court shall forward certified copies of this order to the Chancery Clerk and to the Circuit Clerk of Warren County and to the Senior Chancellor of Warren County and to the Senior Circuit Judge of Warren County, and the order shall be entered upon the minutes of those courts in accordance with Rule 8.6(iii) of the Rules of Discipline. Robert C. Arledge taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Ruling Judge: R. Coleman; Disposition: Motion for Leave to File Rebuttal in Support of Motion for Rehearing filed by appellant on May 14, 2008 is granted and the rebuttal is accepted as filed. Motion for Rehearing and for Stay of May 21, 2008, Execution filed by appellant is denied. Diaz, P.J., would grant Motion for Rehearing and for Stay of May 21, 2008, Execution. Graves, J., not participating. Order entered.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Ruling Judge: R. Coleman; Disposition: Motion for Leave to File Rebuttal in Support of Motion for Rehearing filed by appellant on May 14, 2008 is granted and the rebuttal is accepted as filed. Motion for Rehearing and for Stay of May 21, 2008, Execution filed by appellant is denied. Diaz, P.J., would grant Motion for Rehearing and for Stay of May 21, 2008, Execution. Graves, J., not participating. Order entered.