06/03/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2003-SA-00821-SCT

The Mayor and Board of Aldermen of the Town of Prentiss, Mississippi Acting as the Zoning Ordinance Board of Adjustment v. Jefferson Davis County, Mississippi; Jefferson Davis Circuit Court; LC Case #: 2002-034; Ruling Date: 03/14/2003; Ruling Judge: Gray Evans; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Concurs in Result Only. Diaz, J., not participating.

Lionel F. Ladnier v. State of Mississippi; Hancock Circuit Court; LC Case #: B2301-02-0057; Ruling Date: 11/01/2002; Ruling Judge: Kosta Vlahos; Majority Opinion: Waller, P.J. Disposition: Conviction of Touching a Child for Lustful Purposes and Sentence of Three (3) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Appendix III, Section I of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" attached to this order. The increased fee shall be applicable to all transcripts which are timely filed, without extension sought after the issuance of this order, from and after July 1, 2004. The current rate of $2.00 per page shall be applicable to all transcripts which are filed prior to July 1, 2004, or which, if filed timely, without extension sought after the issuance of this order, should have been filed prior to July 1, 2004. In instances where, prior to the issuance of this order, estimates of costs for transcripts due from and after July 1, 2004, have been made based on $2.00, the reporter may notify the appellant that the increased rate is applicable. Within seven days after receipt of such notice, the additional deposit shall be made as otherwise provided in M.R.A.P. 11(b)(1). If such additional deposit is not timely made, the reporter may make application to increase the deposit as provided in M.R.A.P. 11(b)(2). The Clerk of this Court shall forthwith forward a true copy of this order to each official court reporter. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Diaz, J., not participating. Order entered.

Winfred "Wimp" Forkner v. State of Mississippi; Wilkinson Circuit Court; LC Case #: 00-KR-044-S; Ruling Date: 02/28/2001; Ruling Judge: Lillie Sanders; Disposition: Petition for Rehearing filed by the State is denied. Diaz, J., not participating. Order entered.

Larry Gene Dalton v. Linda Ann Dalton; Covington Chancery Court; LC Case #: 99-265; Ruling Date: 05/14/2001; Ruling Judge: J. Buffington; Majority Opinion: Cobb, P.J. Disposition: Affirmed. Larry Gene Dalton taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Jackpot Mississippi Riverboat, Inc. d/b/a President Casino at King's Landing v. Freddie J. Smith and Gerald Richardson; Tunica Circuit Court; LC Case #: 2001-0097; Ruling Date: 10/31/2001; Ruling Judge: Kenneth Thomas; Majority Opinion: Cobb, P.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Tracy Harris v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 99-35 CR 2; Ruling Date: 06/11/1999; Ruling Judge: John Hatcher; 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 counsel for Tracy Harris is extended until July 23, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 23, 2004. Order entered.

Jerrod Ashton Broomfield and Marquise Leon Flewellen v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-01-00414; Ruling Date: 03/05/2002; Ruling Judge: Stephen Simpson; 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 petitions for writ of certiorari filed by counsel for Broomfield and Flewellen is extended until July 23, 2004. A final decision on whether to grant or deny the petitions shall be entered on or before July 23, 2004. Order entered.

James Joseph Broderick v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 171-01; Ruling Date: 03/29/2002; Ruling Judge: Larry Roberts; 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 James Joseph Broderick is extended until July 23, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 23, 2004. Order entered.

Janssen Pharmaceutica, Inc. and Johnson & Johnson v. Robert Bailey, Rosie Lee Bell, Barbara Bishop, Connie Coleman, Martha Evans, Macy B. Johnston, by and through her natural parents and next friends, Milton Johnston, Tracy Johnston, Maurice Landers, Elsie Queen, Janis White and Mary Williams; Claiborne Circuit Court; LC Case #: 2001-162; Ruling Date: 09/29/2001; Ruling Judge: Lamar Pickard; Disposition: Appellees' waiver of any requirement for renewal of the supersedeas bond is hereby ratified and approved. The stay against execution on the judgment appealed is hereby continued pending issuance of the Court's final mandate after expiration of the time prescribed by M.R.A.P. 41, including any time pending issuance of its ruling on any motion for rehearing. The surety, Federal Insurance Company, is hereby fully discharged from further obligation on the supersedeas bond. Diaz, J., not participating. Order entered.

Rece Vaughn v. Richard Ambrosino and Ellen Ambrosino; Madison Circuit Court; LC Case #: CI 2000-139; Ruling Date: 02/19/2002; Ruling Judge: Samac Richardson; 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 Rece Vaughn is extended until July 23, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 23, 2004. Order entered.

In the Matter of the Estate of Mary M. Pigg, Deceased: Earl J. McClendon, Individually, and as Executor v. David L. McClendon, Hugh I. McClendon, Myrtis M. Doyle and Sharon M. Wheetley; Washington Chancery Court; LC Case #: 200670; Ruling Date: 06/03/2002; Ruling Judge: Ceola James; 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 counsel for David L. McClendon, Hugh I. McClendon, Myrtis M. Doyle and Sharon M. Wheetley is extended until July 16, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 16, 2004. Order entered.

Hardaway Company and St. Paul Fire and Marine Insurance Company v. Harvey Bradley; Hinds Circuit Court 1st District; LC Case #: 251-99-749; Ruling Date: 05/09/2002; Ruling Judge: Tomie Green; 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 counsel for petitioners is extended until July 8, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 8, 2004. Order entered.

Curtis David Hawthorne v. State of Mississippi; Lee Circuit Court; LC Case #: CR01-176; Ruling Date: 07/01/2002; Ruling Judge: Richard Bowen; 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 Curtis David Hawthorne is extended until July 16, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 16, 2004. Order entered.

Mississippi Transportation Commission v. Gary B. Anson; Forrest Circuit Court; LC Case #: CI-02-0043; Ruling Date: 07/22/2002; Ruling Judge: Richard McKenzie; Disposition: Motion for Execution on Judgment filed by appellee is denied. Diaz, J., not participating. Order entered.

Mississippi Transportation Commission v. Gary B. Anson; Forrest Circuit Court; LC Case #: CI-02-0043; Ruling Date: 07/22/2002; Ruling Judge: Richard McKenzie; Disposition: Motion to Strike Language from Brief of Appellant is denied. Diaz, J., not participating. Order entered.

Mississippi Transportation Commission v. Gary B. Anson; Forrest Circuit Court; LC Case #: CI-02-0043; Ruling Date: 07/22/2002; Ruling Judge: Richard McKenzie; Majority Opinion: Cobb, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J. and Dickinson, J., Concur. Carlson, Graves and Randolph, JJ., Concur in Result Only. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Pre-Paid Legal Services, Inc., Brooks Werkheiser, Dyre Law Firm, PLLC and Arnold D. Dyre v. Samuel Battle, Reginald Burks, Myrtis Hollis, James Robinson, Bennie Irvin, Mary Keeler, Willie McKenny, Renata L. Miller, David Mills, Eric Norwood, Geneva Shelby, Shemekia Shelby, Pastella Spratley, George Williams, Leonard Boddie, John C. Burwell, Angela Hudnall, Minnie Mosely, Caroline Smith, Thelma Louise Smith, Jimmy Grant, Sylvia Grant, Tony Barfield, Mary Honeysuckle, Lonedell Nicholson, Patricia Whitfield, Charles Alexander, Kenneth M. Crook and Beverly Thompson; Hinds Circuit Court 1st District; LC Case #: 251-02-270 CIV; Ruling Date: 08/19/2002; Ruling Judge: Tomie Green; Disposition: Appellants' motion for rehearing is denied. Cobb, P.J., would grant. Diaz, J., not participating.

United States Fidelity & Guaranty Company and City of Meridian, Mississippi v. Richard K. Moss; Hinds Circuit Court 1st District; LC Case #: 251-01-1314CIV; Ruling Date: 11/01/2002; Ruling Judge: Winston Kidd; Disposition: Appellee's motion for rehearing is denied. Diaz and Carlson, JJ., not participating.

Blitz U. S. A., Inc. v. Patricia Hudson, individually and on behalf of her minor son, Alonzo D. Odoms, III and Shanetha Lewis, individually and on behalf of her minor sons, Doniven J. Lewis and Deymeion L. Lewis; Hinds Circuit Court 1st District; LC Case #: 251-99-948-CIV; Ruling Date: 08/01/2003; Ruling Judge: Winston Kidd; Disposition: Petition for Permission to Appeal and Motion to Stay filed by the Petitioners is granted in part and denied in part. This matter is remanded to the Hinds County Circuit Court for further proceedings consistent with this Order. Petitioners are taxed with all costs of this appeal. Diaz, J., not participating. Carlson, J., for the Court. Order entered.

Blitz U. S. A., Inc. v. Patricia Hudson, individually and on behalf of her minor son, Alonzo D. Odoms, III and Shanetha Lewis, individually and on behalf of her minor sons, Doniven J. Lewis and Deymeion L. Lewis; Hinds Circuit Court 1st District; LC Case #: 251-99-948-CIV; Ruling Date: 08/01/2003; Ruling Judge: Winston Kidd; Disposition: Petition for Permission to Appeal and Motion to Stay filed by the Petitioners is granted in part and denied in part. This matter is remanded to the Hinds County Circuit Court for further proceedings consistent with this Order. Petitioners are taxed with all costs of this appeal. Diaz, J., not participating. Carlson, J., for the Court. Order entered.

American General Life & Accident Ins. Co. v. Lorine Buxton and Clarence Reed; Humphreys Circuit Court; LC Case #: 01-0019; Ruling Judge: Jannie Lewis; Disposition: Petition for Permission to Appeal from Interlocutory Order and Motion for Stay Pursuant to M.R.A.P. 5(e) filed by the Petitioner is granted in part and denied in part. This matter is remanded to the Humphreys County Circuit Court for further proceedings consistent with this order. Petitioner is taxed with all costs of this appeal. Diaz, J., not participating. Carlson, J., for the Court. Order entered.

The Mississippi Bar v. William S. Boyd, III; Majority Opinion: Carlson, J. Disposition: William S. Boyd, III is hereby disbarred from the practice of law in the State of Mississippi. William S. Boyd, III taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.