05/29/2003 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99001-SCT

In Re: The Rules of Civil Procedure; Disposition: On the Court's own motion, Rule 26 of the Mississippi Rules of Civil Procedure and its Comment are amended as set forth in Exhibit "A" attached to the order. The Clerk of this Court shall spread 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) and in the next edition of Mississippi Rules of Court. McRae, P.J., Dissents. Order entered.

In Re: Mississippi Rules of Evidence; Disposition: On the Court's own motion, Rules 701 and 702 of the Mississippi Rules of Evidence and the Comments thereto are amended as set forth in Exhibit "A" attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forth 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) and in the next edition of Mississippi Rules of Court. McRae, P.J., Dissents. Easley, J., Dissents with Separate Written Statement joined by McRae, P.J. Diaz, J., not participating. Order entered.

In Re: Uniform Chancery Court Rules; Disposition: On the Court's own motion, the Uniform Chancery Court Rules are amended to add a new Rule 1.06, with its Comment, as set forth in Exhibit "A" attached to the order. This new rule shall be effective upon issuance of this order; however, local practices adopted for the purpose of accommodating the needs of economy and efficiency may be continued for a period of forty-five days from the issuance of this order, and in districts wherein the judges of the district have within such period petitioned the Court under M.R.C.P. 83 for local rules seeking approval of such practices or of other practices which might otherwise be in variance to this rule, the practices may continue to be used until the Supreme Court has considered the petition. The Clerk of this Court shall spread 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) and in the next edition of Mississippi Rules of Court. McRae, P.J., and Easley, J., Dissent. Order entered.

In Re: Rules of Professional Conduct; Disposition: Rules 7.1, 7.2, 7.5, and 8.5 of the Mississippi Rules of Professional Conduct are amended as set forth in Exhibit "A" attached to the order, effective September 1, 2003. Rule 8 of the Rules of Discipline for The Mississippi Bar is amended as set forth in Exhibit "B" attached to the order, effective September 1, 2003. The Clerk of this Court shall spread 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) and in the next edition of Mississippi Rules of Court. McRae, P.J., Dissents. Easley, J., Dissents with Separate Written Statement joined by McRae, P.J. Order entered.

In Re: Uniform Rules of Circuit and County Courts; Disposition: On the Court's own motion, the Uniform Rules of Circuit and County Court Practice are amended to add a new Rule 1.05A, with its comment, as set forth in Exhibit "A" to this order. This new rule shall be effective upon issuance of this order; however, local practices adopted for the purpose of accommodating the needs of economy and efficiency may be continued for a period of forty-five days from the issuance of this order, and in districts wherein the judges of the district have within such period petitioned the Court under M.R.C.P. 83 for local rules seeking approval of such practices or of other practices which might otherwise be in variance to this rule, the practices may continue to be used until the Supreme Court has considered the petition. The Clerk of this Court shall spread this order upon the minutes of this 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) and in the next edition of Mississippi Rules of Court. McRae, P.J., Dissents. Easley, J., Dissents with Separate Written Statement joined by McRae, P.J. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 27(h) of the Mississippi Rules of Appellate Procedure and its Comment are amended as set forth in Exhibit "A" attached to the order. The Clerk of this Court shall spread 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) and in the next edition of Mississippi Rules of Court. McRae, P.J., and Easley, J., Dissent. Diaz, J., not participating. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: The Advisory Committee Historical Notes for the Mississippi Rules of Civil Procedure, the Mississippi Rules of Evidence and the Mississippi Rules of Appellate Procedure, as modified, are approved and adopted, as set out in Exhibits "A", "B", and "C" attached to the order. The Clerk of this Court shall spread 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) and in the next edition of Mississippi Rules of Court. McRae, P.J., Dissents. Order entered.

Della F. Yerby v. United Healthcare Insurance Company; Clarke Circuit Court; LC Case #: 98-0044; Ruling Date: 08/09/2000; Ruling Judge: Robert Bailey; Disposition: Appellant's motion to vacate opinion and dismiss appeal is denied. Appellee's motion to dismiss appeal is denied. Appellee's motion for stay of proceedings is denied. Appellant's motion for permission to reply to the appellee's response is denied. Order entered.

Della F. Yerby v. United Healthcare Insurance Company; Clarke Circuit Court; LC Case #: 98-0044; Ruling Date: 08/09/2000; Ruling Judge: Robert Bailey; Disposition: Motion for rehearing filed by appellant is denied. McRae, P.J., Diaz, Easley and Graves, JJ., would grant. Opinion modified at paragraph 29 and footnote 1.

Carol D. Stewart v. Gulf Guaranty Life Insurance Company; Smith Circuit Court; LC Case #: 96-0174; Ruling Date: 05/12/2000; Ruling Judge: Robert Evans; Disposition: Motion for rehearing filed by appellee is denied. Pittman, C.J., and Cobb, J., would grant. Diaz and Graves, JJ., not participating.

Carol D. Stewart v. Gulf Guaranty Life Insurance Company; Smith Circuit Court; LC Case #: 96-0174; Ruling Date: 05/12/2000; Ruling Judge: Robert Evans; Disposition: Motion for leave to file a brief amicus curiae in support of the motion for rehearing filed by Life Insurance Company of Mississippi is granted. Order entered.

Franklin Rashad Boddie v. State of Mississippi; Pike Circuit Court; LC Case #: 00-048-A; Ruling Date: 01/18/2001; Ruling Judge: Keith Starrett; 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 consideration of the petition for writ of certiorari filed by counsel for Franklin Rashad Boddie is extended until June 27, 2003. A final decision on whether to grant or deny the petition shall be entered on or before June 27, 2003. Order entered.

Ted Smith v. Parkerson Lumber, Inc.; Choctaw Circuit Court; LC Case #: 98-005L; Ruling Date: 01/03/2001; Ruling Judge: Joseph Loper, Jr.; Disposition: On the Court's own motion and by the Court's authority pursuant to M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Ted Smith is extended until June 30, 2003. A final decision on whether to grant or deny the petition shall be entered on or before June 30, 2003. Order entered.

Charlotte Jones a/k/a Charlotte Grider Jones v. State of Mississippi; Jackson Circuit Court; LC Case #: 98-10,025(1); Ruling Date: 06/08/2001; Ruling Judge: James Backstrom; Disposition: Petition for writ of certiorari filed by Charlotte Jones is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Easley, Carlson and Graves, JJ. Not Participating: Diaz, J. Order entered.

Leigh Stubbs and Tammy Vance v. State of Mississippi; Lincoln Circuit Court; LC Case #: 00-362-MS; Ruling Date: 06/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for rehearing filed by Tammy Vance is denied. Graves, J., not participating.

Leigh Stubbs and Tammy Vance v. State of Mississippi; Lincoln Circuit Court; LC Case #: 00-362-MS; Ruling Date: 06/30/2001; Ruling Judge: Mike Smith; Disposition: Motion for rehearing filed by Leigh Stubbs is denied. Graves, J., not participating.

Anthony McGruder v. State of Mississippi; Yazoo Circuit Court; LC Case #: 98-8387; Ruling Date: 11/29/2000; Ruling Judge: Jannie Lewis; 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 Anthony McGruder is extended until July 18, 2003. A final decision on whether to grant or deny the petition shall be entered on or before July 18, 2003. Order entered.

Freddie Lee Johnson, Individually and on Behalf of the Heirs at Law and Wrongful Death Beneficiaries of Tommie Lee Johnson, Jr., Deceased v. City of Cleveland; Bolivar Circuit Court 2nd District; LC Case #: 98-0053; Ruling Date: 10/02/2001; Ruling Judge: Albert Smith, III; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only With Separate Written Opinion. Easley, J., Dissents With Separate Written Opinion. Concur in result only Opinion: McRae, P.J. Dissenting Opinion: Easley, J.

Brenda L. Mitchell and Bradford Dreher Jordan v. City of Greenville, Mississippi; Washington Circuit Court; LC Case #: CI99-0272; Ruling Date: 10/03/2001; Ruling Judge: Richard Smith; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only. Diaz, J., not participating.

Mississippi Department of Transportation v. Kenneth Michael Cargile; Jasper Circuit Court 2nd District; LC Case #: 99-0030; Ruling Date: 11/26/2001; Ruling Judge: Robert Evans; Majority Opinion: Smith, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Easley, Carlson and Graves, JJ., Concur. Cobb, J., Concurs in Result Only. Waller, J., Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Georgia-Pacific Corporation, Inc. v. Dolly Dimple Jones Mooney, Wiley Dorman Jones and Diane Jones Moore; Smith Circuit Court; LC Case #: 97-0036, 97-0044, 98-0027; Ruling Date: 11/21/2002; Ruling Judge: Robert Evans; Disposition: Petition for Interlocutory Appeal filed by Georgia-Pacific Corporation is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. The proceedings in the trial court are hereby stayed pending resolution of this interlocutory appeal. Motion to Strike Pleading and to Docket and Dismiss the Supporting Brief filed by Respondents' Dolly Dimple Jones Mooney, Wiley Dorman Jones and Diane Jones Moore is denied. To Deny: McRae, P.J., and Easley, J. Not Participating: Diaz, J. Order entered.

Georgia-Pacific Corporation, Inc. v. Dolly Dimple Jones Mooney, Wiley Dorman Jones and Diane Jones Moore; Smith Circuit Court; LC Case #: 97-0036, 97-0044, 98-0027; Ruling Date: 11/21/2002; Ruling Judge: Robert Evans; Disposition: Petition for Interlocutory Appeal filed by Georgia-Pacific Corporation is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. The proceedings in the trial court are hereby stayed pending resolution of this interlocutory appeal. Motion to Strike Pleading and to Docket and Dismiss the Supporting Brief filed by Respondents' Dolly Dimple Jones Mooney, Wiley Dorman Jones and Diane Jones Moore is denied. To Deny: McRae, P.J., and Easley, J. Not Participating: Diaz, J. Order entered.

The Mississippi Bar v. Daniel L. Inserra; Majority Opinion: Waller, J. Disposition: Daniel L. Inserra shall be publicly reprimanded. Daniel L. Inserra taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur.