05/25/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2004-CA-01320-SCT

K.D.F. and J.C.F. v. J.L.H.; Jackson Chancery Court; LC Case #: 2002-1805PW; Ruling Date: 03/09/2004; Ruling Judge: Pat Watts, Jr.; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson and Graves, JJ., Concur. Cobb, P.J., and Randolph, J., not participating.

Robert W. Webb, Jr. and Senora B. Webb v. Chris Braswell, Jackson and Braswell, P.A. and First National Bank of Rosedale; Bolivar Circuit Court 2nd District; LC Case #: 98-0095; Ruling Date: 07/01/2004; Ruling Judge: Albert Smith, III; Consolidated with 2004-IA-01566-SCT Robert W. Webb, Jr. and Senora B. Webb v. First National Bank of Rosedale; Bolivar Circuit Court 1st District; LC Case #: 98-0095; Ruling Date: 07/26/2004; Ruling Judge: Albert Smith, III; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only Without Separate Written Opinion. Randolph, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Cobb, P.J., and Diaz, J., not participating.

In Re: Local Rules; Disposition: Petition to Rescind the Local Rules filed by the Honorable Betty W. Sanders of the Fourth Circuit Court District and approval of the proposed new local rules are granted. The new local rules attached as Exhibit "A" shall supersede and replace any and all former local rules of the Fourth Circuit Court District. The Clerk of this Court shall record this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition). The Clerk shall also forward a copy of the new local rules as set forth in Exhibit "A" to the order to West Publishing Company for publication in the Mississippi Rules of Court. 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: Motion for Rehearing filed by Jeffrey Keith Havard is denied. Diaz, J., not participating.

Hoyt Forbes and Hilda Forbes v. General Motors Corporation and Mack Grubbs Motors, Inc.; Marion Circuit Court; LC Case #: 2001-0260; Ruling Date: 05/29/2003; Ruling Judge: R. Prichard, III; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of the Appeals is Affirmed in Part and Reversed in Part and Remanded to the Circuit Court of Marion County. Appellants and appellees taxed with costs of appeal. Votes: Waller, P.J., Easley, Graves and Randolph, JJ., Concur. Diaz, J., Concurs in Result Only Without Separate Written Opinion. Dickinson, J., Dissents with Separate Written Opinion Joined by Smith, C.J., and Cobb, P.J. Dissenting Opinion: Dickinson, J. Votes: Smith, C.J., and Cobb, P.J., Join This Opinion.

James W. Partin, Executor of the Estate of Shirley Howard Partin, Deceased v. North Mississippi Medical Center, Inc.; W. Thomas Oakes, M.D.; Richard Sharp, M.D.; and Laura Gray, M.D.; Lee Circuit Court; LC Case #: CV01-332(R)L; Ruling Date: 08/26/2003; Ruling Judge: Paul Funderburk; Disposition: Petition for Writ of Certiorari filed by North Mississippi Medical Center, Inc., 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.

James W. Partin, Executor of the Estate of Shirley Howard Partin, Deceased v. North Mississippi Medical Center, Inc.; W. Thomas Oakes, M.D.; Richard Sharp, M.D.; and Laura Gray, M.D.; Lee Circuit Court; LC Case #: CV01-332(R)L; Ruling Date: 08/26/2003; Ruling Judge: Paul Funderburk; Disposition: Petition for Writ of Certiorari filed by W. Thomas Oakes, M.D., 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.

James W. Partin, Executor of the Estate of Shirley Howard Partin, Deceased v. North Mississippi Medical Center, Inc.; W. Thomas Oakes, M.D.; Richard Sharp, M.D.; and Laura Gray, M.D.; Lee Circuit Court; LC Case #: CV01-332(R)L; Ruling Date: 08/26/2003; Ruling Judge: Paul Funderburk; Disposition: Petition for Writ of Certiorari filed by James W. Partin is denied. To Deny: Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ. To Grant: Smith, C.J., Easley and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Nathaniel Brent a/k/a Nathaniel T. Brent v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-294; Ruling Date: 10/01/2003; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Writ of Certiorari filed by State of Mississippi is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Easley, Carlson, Graves and Dickinson, JJ. To Grant: Randolph, J. Order entered.

Nigel Jerome McClain v. State of Mississippi; Forrest Circuit Court; LC Case #: 01-113CR; Ruling Date: 10/07/2003; Ruling Judge: Jess Dickinson; Disposition: Petition for Writ of Certiorari filed by Nigel Jerome McClain is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Graves, JJ. Not Participating: Diaz, Dickinson and Randolph, JJ. Order entered.

Arthur Irby and Illinois Central Railroad Company v. Mary Travis, Individually, and as Administratrix of the Estate of Michael Travis, Deceased, and on Behalf of All Wrongful Death Beneficiaries of Michael Travis, Deceased; Holmes Circuit Court; LC Case #: 97-0321; Ruling Date: 10/17/2003; Ruling Judge: Jannie Lewis; Majority Opinion: Carlson, J. Disposition: On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Dismissed. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Dickinson, JJ., Concur. Randolph, J., Concurs in Part and in the Result Without Separate Written Opinion. Graves, J., Dissents with Separate Written Opinion Joined by Diaz, J.; Randolph, J., Joins in Part. Dissenting Opinion: Graves, J. Votes: Diaz, J., Join This Opinion. Randolph, J., Joins This Opinion in Part.

Linda Pugh v. Mississippi Department of Transportation; Sharkey Circuit Court; LC Case #: 99-0096; Ruling Date: 05/08/2003; Ruling Judge: Isadore Patrick, Jr.; Consolidated with 2003-CT-02526-SCT Oliver David Chisolm, Jr., Oliver David Chisolm, III, Carolyn Elizabeth Chisolm and Kayla Louisa Chisolm v. Mississippi Department of Transportation; Sharkey Circuit Court; LC Case #: 99-0095-V; Ruling Date: 06/13/2002; Ruling Judge: Frank Vollor; Disposition: Petition for Writ of Certiorari filed by the Mississippi Department of Transportation is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz and Randolph, JJ. Order entered.

Kevine Dale Parks v. State of Mississippi; Washington Circuit Court; LC Case #: 2004-155; Ruling Date: 11/01/2004; Ruling Judge: W. Hines; Majority Opinion: Waller, P.J. Disposition: Conviction of Aggravated Assault and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections and Payment of Court Costs in the Amount of $284.00 and a Bond Fee in the Amount of $200.00, Affirmed. Washington County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz and Randolph, JJ., not participating.

Singing River Hospital System d/b/a Ocean Springs Hospital and Mississippi State Department of Health v. Biloxi Regional Medical Center, Garden Park Medical Center and Gulf Coast Medical Center; Hinds Chancery Court 1st District; LC Case #: G-2004-1458 S/2; Ruling Date: 11/23/2004; Ruling Judge: William Singletary; Disposition: Joint Motion for Rehearing filed by appellants is denied. Easley, Graves and Randolph, JJ., would grant. Cobb, P.J., and Diaz, J., not participating.

Southern Farm Bureau Life Insurance Company and Wayne Stanley v. Lela Blue, Zelter Delyn Blue and Michael Delyn Blue; Jones Circuit Court 1st District; LC Case #: 2005-132-CV8; Ruling Date: 01/30/2006; Ruling Judge: Billy Landrum; Disposition: Petitioners' Motion for Reconsideration of this Court's prior denial of the petition for interlocutory appeal is granted. The Petition for Interlocutory Appeal is granted and this appeal shall proceed as required by M.R.A.P. 10 and 11. The filing fee shall be due and payable to the Clerk of this Court. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz and Randolph, JJ. Order entered.

Southern Farm Bureau Life Insurance Company v. Wanda McLain, Wiley McLain, Bettye Brown, Paul Junior Brown, Roy Hamilton, James Washington, Katie Morgan, John Paul Morgan, Patsy Thompson, Allene Williams on behalf of Prentiss Williams, Frances Freeny, Christine Magee, Patricia Dianne Lyons, Hannah Hopkins, Ethel Marie Cooper and Joe Nathan Cooper; Hinds Circuit Court 1st District; LC Case #: 251-05-000556-CIV; Ruling Date: 02/27/2006; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Interlocutory Appeal filed by counsel for Southern Farm Bureau Life Insurance Company is denied. Not Participating: Diaz and Randolph, JJ. Order entered.