Mississippi Supreme Court

Hand Down Lists
May 23, 2002

05/23/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Easley, Chuck
X 1999-KA-01985-SCT

Caston, James "Doc", Charles E. Caston a/k/a Charles Ernie Caston and Hal Spivey Crimm a/k/a Harold Spivey Crimm v. State of Mississippi Humphreys Circuit Court; LC Case # 5197; Ruling: 11/17/1999; Jannie Lewis; Majority Opinion: Easley, J. Disposition: James "Doc" Caston: Conviction of Manslaughter and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Hal Spivey Crimm a/k/a Harold Spivey Crimm: Conviction of Manslaughter and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Humphreys County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Diaz, Carlson and Graves, JJ., Concur. McRae, P.J., and Cobb, J., Concur in Result Only.


EN BANC
89-R-99025-SCT

Uniform Rules of Circuit and County Courts, In Re: Disposition: Motion to Amend/Adopt Certain Uniform Circuit and County Court Rules filed by the Supreme Court Advisory Committee on Rules is granted to the extent set forth herein, and Rule 4.03 of the Uniform Rules of Circuit and County Court is amended as set forth in Exhibit "A" attached to the order. The Clerk of this Court shall spread this order on the minutes of this Court and it shall be submitted to West Publishing Company for publication in the Southern Reporter (Mississippi Edition) and in the Mississippi Rules of Court. Pittman, C.J., not participating. Order entered.


EN BANC
89-R-99027-SCT

Mississippi Rules of Appellate Procedure, In Re: Disposition: The petition of the Supreme Court Advisory Committee on Rules is granted, and M.R.A.P. 11(b) and its Comment are amended as set forth in Exhibit "A" attached to the order. Forms 1 through 5 in Appendix I to the Mississippi Rules of Appellate Procedure are amended as set forth in Exhibit "B" attached to the order. The Clerk of this Court shall spread this order on the minutes of this Court and it shall be submitted to West Publishing Company for publication in the Southern Reporter (Mississippi Edition) and in the Mississippi Rules of Court. Pittman, C.J., not participating. Order entered.


EN BANC
1999-CA-00257-SCT

Rawson, John E. and The Newborn Group, P. A. v. Patricia Jones, Individually, and as Mother and Next Friend of Timothy Spann, Deceased, and on Behalf of all Wrongful Death Beneficiaries of Timothy Spann Hinds Circuit Court 1st District; LC Case # 96331; Ruling:10/13/1998; James Graves, Jr.; Disposition: Motion for rehearing filed by appellee is denied. Diaz, J., would grant. McRae, P.J., Waller and Graves, JJ., not participating.


EN BANC
XX 1999-CA-01141-SCT

Yale Materials Handling Corporation, Galbreath Incorporated, Galbreath, Inc., Galbreath Companies and Galbreath-Escott, Inc. v. Donna Richards Brandon, Widow and Personal Representative of John Wesley Brandon, Deceased, for the Benefit of the Wrongful Death Beneficiaries of John Wesley Brandon, Deceased, Continental Insurance Company and Fidelity & Casualty Company of New York Lowndes Circuit Court; LC Case # 94013CV; Ruling: 09/28/1998; John Montgomery; Majority Opinion: McRae, P.J. Disposition: Affirmed on Direct Appeal. Reversed and Remanded on Cross-Appeal. Appellants and Appellees taxed with costs of appeal. Votes: Pittman, C.J., Diaz and Easley, JJ., Concur. Carlson and Graves, JJ., Concur in Result Only. Waller, J., Dissents With Separate Written Opinion joined by Smith, P.J., and Cobb, J. Dissenting Opinion: Waller, J. Votes: Smith, P.J. and Cobb, J., Join This Opinion.


EN BANC
1999-CA-01612-SCT

Mound Bayou School District v. Cleveland School District Bolivar Chancery Court 2nd District; LC Case # 940123; Ruling: 07/21/1999; William Willard, Jr.; Disposition: Motion for rehearing filed by appellant is denied.


EN BANC
1999-CA-01612-SCT

Mound Bayou School District v. Cleveland School District Bolivar Chancery Court 2nd District; LC Case # 940123; Ruling: 07/21/1999; William Willard, Jr.; Disposition: Motion for rehearing filed by appellee is denied.


EN BANC
X 1999-CA-01612-SCT

Mound Bayou School District v. Cleveland School District Bolivar Chancery Court 2nd District; LC Case # 940123; Ruling: 07/21/1999; William Willard, Jr.; Majority Opinion: Waller, J. Disposition: The motions for rehearing are denied, and this opinion is issued in lieu of our prior per curiam affirmance. Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur.


EN BANC
2000-CT-01367-SCT

Grant, Dorothy v. Kmart Corporation d/b/a Kmart Super Centers and James Lenon, Individually and as Store Manager Hinds Circuit Court 1st District; LC Case # 251-97-1442CIV; Ruling: 07/18/2000; W. Yerger; Disposition: On Court's own motion, the petition for writ of certiorari filed by Dorothy Grant is stayed until the automatic stay of the bankruptcy court is lifted. Order entered.


EN BANC
2000-KA-01533-SCT

Slaughter, Jodon Antonio v. State of Mississippi Harrison Circuit Court 1st District; LC Case # 99-331; Ruling: 02/11/2000; Jerry Terry, Sr.; Disposition: Motion for rehearing filed by appellant is denied.


EN BANC
2000-CA-01701-SCT

Miller, John T., Robert B. Fryar Sawmill and Lumber Co., Inc. and Tommy Biffle d/b/a Pontotoc Woodyard v. Roy E. Pannell and wife, Nancy A. Pannell Union Chancery Court; LC Case # 98-0063; Ruling: 09/18/2000; Glenn Alderson; Disposition: Motion for rehearing filed by appellant is denied. Pittman, C.J., not participating.


EN BANC
2000-CA-01780-SCT

Prentiss County Board of Education and James H. Holt v. Virginia Beaumont, Executrix of the Estate of Charles Beaumont Prentiss Circuit Court; LC Case # CV99-253RPR; Ruling: 09/22/2000; Frank Russell; Disposition: Appellee's motion to supplement appellee's motion for rehearing is granted. Order entered.


EN BANC
2000-CA-01780-SCT

Prentiss County Board of Education and James H. Holt v. Virginia Beaumont, Executrix of the Estate of Charles Beaumont Prentiss Circuit Court; LC Case # CV99-253RPR; Ruling: 09/22/2000; Frank Russell; Disposition: Motion for rehearing filed by appellee is denied. McRae, P.J., Diaz and Easley, JJ., would grant.


EN BANC
2000-CT-01948-SCT

Chesney, Mitchell Lamar v. Cynthia Ann Howington Chesney Lauderdale Chancery Court; LC Case # 99-1074-S; Ruling: 09/11/2000; Sarah Springer; Disposition: Petition for writ of certiorari filed by Cynthia Ann Howington Chesney is granted. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Carlson and Graves, JJ. To Deny: McRae, P.J., and Easley, J. Order entered.


EN BANC
XX 2001-CA-00117-SCT

Dorrough, Charles M. Jr., M.D. v. Emanuel Wilkes, Sr., and Emanuel Wilkes, Jr. Sunflower Circuit Court; LC Case #94-0138; Ruling: 09/20/2000;Gray Evans; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Waller, Diaz, Carlson and Graves, JJ., Concur. Smith, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion joined by Cobb, J. Concurring in Part and Dissenting in Part Opinion: Smith, P.J. Votes: Cobb, J., Joins This Opinion.


EN BANC
2001-CT-00192-SCT

Cotton; Augustine; Deloris May; Willie M. Cotton; Clencie Cotton; Dennis Macklin; Ruby Phillips; Jeffrey Macklin as Next Friend of Theresa Macklin; Marjorie Mullins; Betty Price; Viola Morgan; Alvadie Redrick; and Verna Cotton v. Cuba Timber Company, Inc. Kemper Chancery Court; LC Case #99-0006; Ruling:01/10/2001; John Love, Jr.; Disposition: Petition for writ of certiorari filed by Augustine Cotton, Deloris May, Willie M. Cotton, Clencie Cotton, Dennis Macklin, Ruby Phillips, Jeffrey Macklin as next friend of Theresa Macklin, Marjorie Mullins, Betty Price, Viola Morgan, Alvadie Redrick and Verna Cotton is granted. To Grant: Pittman, C.J., McRae, P.J., Waller, Diaz and Graves, JJ. To Deny: Smith, P.J., Cobb, Easley and Carlson, JJ. Order entered.


EN BANC
XX 2001-CA-00300-SCT

Martin, Heather J.; Annette McKay Martin, Mother and Representative of the Heirs at Law of Lisa May; Judy Smith, Mother and Court Appointed Conservator of the Person and Estate of William Greg Smith; Mamie Ivy, Mother and Representative of the Heirs at La v. Dr. Susan Flanagan, Administratrix of the Estate of Mary R. Vanderbeck, Deceased; Scruggs Farms, a Joint Venture; and Scruggs Farms and Supplies, LLC Lee Circuit Court; LC Case #98-132(G)L; Ruling: 01/30/2001; Thomas Gardner, III; Majority Opinion: Waller, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Carlson and Graves, JJ., Concur. Diaz, J., Dissents With Separate Written Opinion Joined by McRae, P.J., and Easley, J. Dissenting Opinion: Diaz, J. Votes: McRae, P.J. and Easley, J., Join This Opinion.