Mississippi Supreme Court

Hand Down Lists
May 30, 1996

05/30/1996 - Hand Down and published opinions in WordPerfect/ZIP format

James W. Smith, J.
X 92-CA-00899-SCT

Fortenberry, Willis B. v. Memorial Hospital at Gulfport, Inc.; James Mitchell, M. D.; SMB Radiology; and A. K. Martinolich, Jr., M. D. Appeal No. 21498 from Judgment dated AUGUST 20, 1992, Harrison County Circuit Court, First Judicial District; Affirmed in part; Reversed and Remanded in part for proceedings consistent with the Opinion of this Court. Mills, J., Not Participating. Appellant and Appellees are taxed equally with all costs of this appeal.


James W. Smith, J.
93-KP-00147-SCT

Petite, Bryant Jerome v. State of Mississippi Appeal No. 89101451 from Judgment dated APRIL 05, 1993, Jackson County Circuit Court; Before Prather, P.J., Banks and Smith, JJ.: Lower Court's denial of Post Conviction Relief Affirmed. Jackson County is taxed with all costs of this appeal.


James W. Smith, J.
93-KA-00200-SCT

Williams, Bobby and James Turner v. State of Mississippi Appeal No. 22109 from Judgment dated JANUARY 25, 1993, Leflore County Circuit Court; Before Prather, P.J., Banks and Smith, JJ.: AS TO BOBBY WILLIAMS: Conviction of armed robbery and Sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections Affirmed. AS TO JAMES TURNER: Conviction of armed robbery and Sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections Affirmed. Said sentence shall run consecutively with the five (5) years on revocation in Cause No. 21,579. Leflore County is taxed with all costs of this appeal.


James W. Smith, J.
93-KP-00353-SCT

Truitt, Shelby Lee v. State of Mississippi Appeal No. 3965 from Judgment dated FEBRUARY 08, 1993, Claiborne County Circuit Court; Before Prather, P.J., Banks and Smith, JJ.: Lower Court's denial of Post Conviction Relief Affirmed. Claiborne County is taxed with all costs of this appeal.


James W. Smith, J.
94-KP-00745-SCT

Oswalt, Ronnie a/k/a Ronnie Everett Oswalt v. State of Mississippi Appeal No. C0818 from Judgment dated JULY 12, 1994, Hinds County Circuit Court, First Judicial District; Before Prather, P.J., Banks and Smith, JJ.: Lower Court's denial of Post Conviction Relief Affirmed. Hinds County is taxed with all costs of this appeal.


Chuck McRae, J.
XX 91-KA-00599-SCT

Moore, Joseph v. State of Mississippi Appeal No. 4235 from Judgment dated JULY 19, 1988, Humphreys County Circuit Court; WRITTEN OPINION - Application for Leave to File Motion to Vacate and Set Aside Conviction in the Circuit Court of Humphreys County, Mississippi, denied. Banks, J., Concurs with Separate Written Opinion joined by Sullivan, P.J.


Fred L. Banks, J.
92-CA-01259-SCT

ARNOLD, Deceased, THE ESTATE OF C. J.: Aubrey Guthrie, Judy Arnold Guthrie and Magalene Arnold Guthrie v. Eloise Arnold Lovelace Appeal No. 11667 from Judgment dated NOVEMBER 02, 1992, Tishomingo County Chancery Court; Before Prather, P.J., Banks and Smith, JJ.: Judgment is Affirmed. Appellants are taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
XXX 92-CA-01070-SCT

State of Mississippi v. Jessie Paul Watkins Appeal No. 24069 from Judgment dated SEPTEMBER 11, 1992, Sunflower County Chancery Court; Reversed and Rendered. Banks, J., Concurs with Separate Written Opinion joined by Lee, C.J.; McRae, J., Dissents with Separate Written Opinion. Appellee is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
93-CC-00272-SCT

Wells, Alfred Eugene v. Donald W. Oakes Trucking Appeal No. 9215471 from Judgment dated FEBRUARY 04, 1993, Sunflower County Circuit Court; Before Dan Lee, C.J., Pittman and Roberts, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Edwin Lloyd Pittman, J.
93-CA-00465-SCT

Winters, Deceased, IN RE: Estate of Everett Louis: William Douglas Winters, Roberta Louise Winters, Ivy June Winters Peterson, Linda Louise Winters Lavender, John Everett Winters, Robert Lewis Winters, and Susan Patricia Winters v. Deposit Guaranty National Bank of Jackson, Mississippi, Trustee Appeal No. 8112 from Judgment dated JUNE 15, 1992, Lowndes County Chancery Court; Before Dan Lee, C.J., Pittman and Roberts, JJ.: Appeal dismissed due to lack of jurisdiction. Appellant is taxed with all costs of this appeal. Order entered.


Michael Sullivan, P.J.
X 93-CA-00107-SCT

Griffin, Jr., Aubrey C. v. Pamela G. Nicholas Armana Appeal No. G140541 from Judgment dated JANUARY 15, 1993, Hinds County Chancery Court, First Judicial District; Reversed and Remanded. Appellee is taxed with all costs of this appeal.


Michael Sullivan, P.J.
X 93-CA-00129-SCT

James M. Burns Lumber Company, Inc. and James M. Burns, Individually v. J. D. Dilworth Appeal No. 91532AF from Judgment dated JANUARY 15, 1993, Alcorn County Circuit Court; Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Michael Sullivan, P.J.
X 93-CA-00254-SCT

Regan, Bobby, Verdie Regan and Joel Turnage v. Citizens Bank, A Mississippi Banking Corporation Appeal No. 24416P from Judgment dated FEBRUARY 04, 1993, Marion County Chancery Court; Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Michael Sullivan, P.J.
93-CA-00320-SCT

Richardson, Sara Friday, Individually and on Behalf of all Wrongful Death Beneficiaries of Terrance Friday, Deceased v. McDonald's Corporation and LTM Enterprises, Inc. Appeal No. 9168357 from Judgment dated JANUARY 27, 1993, Hinds County Circuit Court, First Judicial District; Before Sullivan, P.J., McRae and Mills, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Michael Sullivan, P.J.
X 93-CA-00414-SCT

STOWERS Deceased, IN THE MATTER OF THE ESTATE OF RODNEY SANDRELL: Delie Mae Shepard v. Kierra Brachell Jones by and through her Mother and Next Friend, Telesia L. Jones Appeal No. 17659 from Judgment dated MARCH 22, 1993, Scott County Chancery Court; Reversed and Remanded. Appellee is taxed with all costs of this appeal.


Michael Sullivan, P.J.
93-CC-00486-SCT

Baptiste, Charles v. Archway Cookies, Inc. Appeal No. 12923876 from Judgment dated APRIL 08, 1993, Forrest County Circuit Court; Before Sullivan, P.J., McRae and Mills, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Michael Sullivan, P.J.
93-CA-00869-SCT

King, Melanie Sisson v. Dewayne Evan King Appeal No. 91239 from Judgment dated JULY 07, 1993, Lafayette County Chancery Court; Before Sullivan, P.J., McRae and Mills, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
X 92-CA-00802-SCT

Lovett, Jimmy v. Roger Bradford Appeal No. 9772 from Judgment dated JULY 01, 1992, Scott County Circuit Court; Judgment is Affirmed. McRae and Mills, JJ., Concur in result only. Statutory damages are awarded. Appellant is taxed with all costs of this appeal.


EN BANC
X 89-CA-01202-SCT

Aqua-Culture Technologies, Ltd., Jack Summers, John Haigh, Henry Reed and Dr. Milton Segal v. Dr. Sandra F. Holly Appeal No. 131114 from Judgment dated SEPTEMBER 29, 1989, Hinds County Chancery Court, First Judicial District; On Direct Appeal: Judgment is Affirmed. On Cross Appeal: Affirmed in Part; Reversed and Remanded in Part. Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. Lee, C. J., and McRae, J., Concur in result only. Statutory damages are awarded. Appellant is taxed with all costs of this appeal. DISPOSITION - Appellee's motion to advance case for decision denied. Order entered. DISPOSITION - Appellee's motion for attorneys' fees in the amount of $32,500.00 granted. Order entered. DISPOSITION - Motion for voluntary dismissal of cross appeal against Jack Summers granted.


EN BANC
XX 92-CA-00892-SCT

Columbus Paper & Chemical, Inc. v. John A. Chamberlin, Jr. Appeal No. 18532 from Judgment dated MAY 14, 1992, Lowndes County Circuit Court; Reversed and Rendered. Dan Lee, C.J., Pittman, Roberts and Smith, JJ., Concur. Banks, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., and McRae, J.; Prather, P.J. and Mills, J., Not Participating. Appellee is taxed with all costs of this appeal.


EN BANC
93-CT-01016-SCT

Deposit Guaranty National Bank of Jackson, Mississippi v. Karen Coppage Skelton Appeal No. 9212514BW from Judgment dated AUGUST 17, 1993, Washington County Circuit Court; DISPOSITION - Skelton's Petition for Writ of Certiorari denied. To Deny: Sullivan, P.J., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: McRae, J.; Lee, C.J., and Prather, P.J., Not Participating. Order entered.


EN BANC
93-CT-01365-SCT

Donald, James H. and Barbara Lindsay Donald v. Triple S Well Service, Inc. Appeal No. 7754 from Judgment dated NOVEMBER 08, 1993, Jefferson Davis County Circuit Court; DISPOSITION - Donalds' Petition for Writ of Certiorari granted. To Grant: Prather and Sullivan, P.JJ., Pittman, Banks and McRae, JJ. To Deny: Lee, C.J., Roberts, Smith and Mills, JJ. Order entered.


EN BANC
94-CT-00381-SCT

Michael, Jennifer, by and through next friend and mother, Jewel Michael v. Spartan Food Systems, Inc. d/b/a Hardee's of Amory, Mississippi, Larry Holloway and Tim Hopson Appeal No. 91316 from Judgment dated MARCH 31, 1994, Monroe County Circuit Court; DISPOSITION - Michael's Petition for Writ of Certiorari denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Roberts and Smith, JJ. To Grant: Banks and McRae, JJ.; Mills, J., Not Participating. Order entered.


EN BANC
95-BD-00973-SCT

Mississippi Bar, The v. John Thomas Murphy, Jr. Appeal No. 95BD973 from Judgment dated SEPTEMBER 26, 1995; John Thomas Murphy, Jr., is hereby disbarred from the practice of law. McRae, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. Respondent is taxed with all costs of this appeal. Order of Disbarment entered.