06/10/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Graves, James E.
X  2002-IA-00185-SCT

USF&G Insurance Company of Mississippi v. George K. Walls and Roxie Ann Wells; Panola Chancery Court 2nd District; LC Case #: B-99-07-272; Ruling Date: 05/16/2000; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Graves, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Dickinson, J., Concur. Carlson and Randolph, JJ., Concur in Result Only. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

E. Dean Morley v. Jackson Redevelopment Authority and Atcco Realty, Inc.; Hinds Special Court of Eminent Domain; LC Case #: 34,518; Ruling Date: 08/01/2002; Ruling Judge: William Barnett; 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 Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Dyre Law Firm, PLLC., Arnold D. Dyre, Pre-Paid Legal Services, Inc., Harland Stonecipher and Brooks Werkheiser v. Laura Bradley, et al.; Jasper Circuit Court 1st District; LC Case #: 12-0090; Ruling Date: 08/20/2002; Ruling Judge: Robert Evans; Majority Opinion: Easley, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves and Dickinson, JJ., Concur. Cobb, P.J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Pre-Paid Legal Services, Inc., Harlan C. Stonecipher, Brooks Werkheiser, Dyre Law Firm, PLLC and Arnold D. Dyre v. Joan Brownlow, et al.; Leflore Circuit Court; LC Case #: 2002-0080CICI; Ruling Date: 10/31/2002; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Waller, P.J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson, Graves and Dickinson, JJ., Concur. Cobb, P.J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

William P. Gourlay v. Eddie Andrew Williams, III; Bolivar Circuit Court 1st District; LC Case #: 2003-0085; Ruling Date: 10/27/2003; Ruling Judge: Henry Lackey; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Kevin Scott v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 8338; Ruling Date: 10/23/1998; Ruling Judge: Kenneth Thomas; Majority Opinion: Easley, J. Disposition: Conviction of Capital Murder and Sentence of Death by Lethal Injection, Affirmed. Bolivar County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Greenline Equipment Company, Inc. and Perma Septic Tank Company, Inc. v. Covington County Bank, A Mississippi Banking Corporation, Jack H. Hayes, Jr. and Glen Eavenson d/b/a Covington Steel Company; Covington Circuit Court; LC Case #: 6968; Ruling Date: 09/23/1999; Ruling Judge: Robert Evans; Disposition: Motion for Rehearing filed by Covington County Bank is denied. Cobb, P.J., Graves and Randolph, JJ., would grant. Waller, P.J., and Diaz, J., Not Participating.

Greenline Equipment Company, Inc. and Perma Septic Tank Company, Inc. v. Covington County Bank, A Mississippi Banking Corporation, Jack H. Hayes, Jr. and Glen Eavenson d/b/a Covington Steel Company; Covington Circuit Court; LC Case #: 6968; Ruling Date: 09/23/1999; Ruling Judge: Robert Evans; Disposition: Motion for Rehearing filed by Glenn Eavenson d/b/a Covington Steel Company is denied. Easley, J., would grant. Waller, P.J., and Diaz, J., Not Participating.

Harrison County Development Commission v. Daniels Real Estate, Inc. and WJZD, Inc.; Harrison Circuit Court 1st District; LC Case #: A24019800081; Ruling Date: 03/03/2000; Ruling Judge: John Whitfield; Majority Opinion: Cobb, P.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz and Dickinson, JJ., not participating.

Franklin Rashad Boddie v. State of Mississippi; Pike Circuit Court; LC Case #: 00-048-A; Ruling Date: 01/18/2001; Ruling Judge: Keith Starrett; Majority Opinion: Carlson, J. Disposition: Affirmed. Franklin Rashad Boddie taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents with Separate Written Opinion. Diaz, J., not participating. Dissenting Opinion: Graves, J.

Pamela Hobson, Individually and as Administratrix of the Estate of Charles Hobson, Deceased v. Waggoner Engineering, Inc. and National Seal Company; Scott Circuit Court; LC Case #: 96-0063; Ruling Date: 04/16/2001; Ruling Judge: V. Cotten; 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 Pamela Hobson is extended until July 30, 2004. A final decision on whether to grant or deny the petition shall be entered on or before July 30, 2004. Order entered.

William Lewis Gaskin v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,680(2); Ruling Date: 05/31/2001; Ruling Judge: Kathy Jackson; Disposition: Motion for rehearing filed by appellant is denied. Graves, J., would grant. Diaz, J., not participating.

Community Bank, Ellisville, Mississippi f/k/a Merchants and Manfacturers Bank v. Archie Wayne Courtney; Jones Circuit Court 2nd District; LC Case #: 92-4-60; Ruling Date: 05/23/2001; Ruling Judge: Forrest Johnson, Jr.; Disposition: Appellee's motion to strike brief of appellant is dismissed as moot. Diaz, Dickinson and Randolph, JJ., not participating. Order entered.

Community Bank, Ellisville, Mississippi f/k/a Merchants and Manfacturers Bank v. Archie Wayne Courtney; Jones Circuit Court 2nd District; LC Case #: 92-4-60; Ruling Date: 05/23/2001; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Smith, C.J. Disposition: Affirmed as to Liability; Judgment Remitted from $306,196.88 to $45,040.00 and Affirmed as Remitted, Conditioned on Acceptance by Archie Wayne Courtney Within Ten (10) Days of the Final Judgment of this Court. Otherwise, the Judgment is Vacated and the case is Remanded for a New Trial as to Compensatory Damages Only. Reversed and Rendered as to Punitive Damages. Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., and Carlson, J., Concur. Easley, J., Dissents with Separate Written Opinion Joined by Graves, J. Diaz, Dickinson and Randolph, JJ., not participating. Dissenting Opinion: Easley, J. Votes: Graves, J., Joins This Opinion.

Rebecca L. Jackson and Gary Jackson v. State Farm Mutual Automobile Insurance Company; Pearl River Circuit Court; LC Case #: 98-0023; Ruling Date: 10/12/2001; Ruling Judge: Michael Eubanks; 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 State Farm Mutual Automobile Insurance Company 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.

Nancy Kelly v. International Games Technology; Harrison Circuit Court 2nd District; LC Case #: A-2402-98-00034; Ruling Date: 01/28/2002; Ruling Judge: Stephen Simpson; Majority Opinion: Dickinson, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Graves, JJ., Concur. Easley, J., Concurs in Result Only. Cobb, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion. Randolph, J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined In Part by Easley, J. Diaz, J., not participating. Concurring in Part and Dissenting in Part Opinion: Cobb, P.J. Concurring in Part and Dissenting in Part Opinion: Randolph, J. Votes: Easley, J., Joins This Opinion in Part.

Richard Gerald Jordan v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: 18807; Ruling Date: 04/24/1998; Ruling Judge: Kosta Vlahos; Disposition: Petition for Review of the Lower Court's Order Denying Motions for Expert Assistance filed by counsel for Jordan is denied. The State's response to Jordan's application for leave to file a petition for post-conviction relief shall be due thirty (30) days from the date of entry of this order. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Eric Snow a/k/a Tony A. Hinton a/k/a T. T. a/k/a Tony Anthony Hinton v. State of Mississippi; Simpson Circuit Court; LC Case #: 9488; Ruling Date: 08/06/1998; Ruling Judge: Robert Evans; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post Conviction Relief filed by Counsel for Eric Snow is granted in part and denied in part. See Opinion of this Court handed down this date. Diaz and Randolph, JJ., not participating.

Eric Snow a/k/a Tony A. Hinton a/k/a T. T. a/k/a Tony Anthony Hinton v. State of Mississippi; Simpson Circuit Court; LC Case #: 9488; Ruling Date: 08/06/1998; Ruling Judge: Robert Evans; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post Conviction Relief filed by Counsel for Eric Snow is granted in part and denied in part. See Opinion of this Court handed down this date. Diaz and Randolph, JJ., not participating.

Eric Snow a/k/a Tony A. Hinton a/k/a T. T. a/k/a Tony Anthony Hinton v. State of Mississippi; Simpson Circuit Court; LC Case #: 9488; Ruling Date: 08/06/1998; Ruling Judge: Robert Evans; Majority Opinion: Graves, J. Disposition: Leave to File Post Conviction Relief, granted in part and denied in part. Simpson County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley, J., Concurs in Result Only. Diaz and Randolph, JJ., not participating.

Curtis David Hawthorne v. State of Mississippi; Lee Circuit Court; LC Case #: CR01-176; Ruling Date: 07/01/2002; Ruling Judge: Richard Bowen; Disposition: This corrected order is issued to accurately reflect that the State of Mississippi filed the petition for writ of certiorari. By order entered on June 2, 2004, the time for decision on the petition for writ of certiorari was extended until July 16, 2004. The order erroneously stated that the petition for writ of certiorari was filed by Curtis David Hawthorne. The prior order is therefore corrected to show that the petition for writ of certiorari was filed by the State of Mississippi. In all other respects, the order remains in full force and effect. Corrected Order entered.

Gloria Partlow, Personal Representative of The Heirs of The Estate of Sonya L. Partlow, Deceased v. Rickey McDonald; Lee Circuit Court; LC Case #: 98-231(G)(L); Ruling Date: 05/01/2002; Ruling Judge: Thomas Gardner, III; 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 Gloria Partlow 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.

Leslie J. Cortez v. State of Mississippi; Rankin Circuit Court; LC Case #: 13023; Ruling Date: 07/19/2002; Ruling Judge: William Chapman, III; 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 Leslie J. Cortez 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.

Pre-Paid Legal Services, Inc., Brooks Werkheiser, Dyre Law Firm, PLLC and Arnold D. Dyre v. Clara Mealey, Tyrone Green, George Lee Sanders, Sr., Mary Collins, Steve Brengettsy, Emma Davis, Donna Gaylor, Vontricy McDaniel, Linda Montgomery, Dorothy Nix, Willie Roby, Albert Thompson, Teleter Tucker, Jacqueline Watkins, Mary B. Williams, Shirley Johnson, Deloris Corley, Sabrina Dixon, Charlene Johnson, Annie King, Annie L. Lee, Shirley McDaniel, Daphne Montgomery, Mary Wilson, Charles Husband, Tessa Smith and William Smith; Wilkinson Circuit Court; LC Case #: 02-0082 CIV; Ruling Date: 08/29/2002; Ruling Judge: Lillie Sanders; Disposition: Motion of Arnold Dyre and Dyre Law Firm PLLC to strike portions of the appellees' brief is dismissed as moot. Diaz and Randolph, JJ., not participating. Order entered.

Pre-Paid Legal Services, Inc., Brooks Werkheiser, Dyre Law Firm, PLLC and Arnold D. Dyre v. Clara Mealey, Tyrone Green, George Lee Sanders, Sr., Mary Collins, Steve Brengettsy, Emma Davis, Donna Gaylor, Vontricy McDaniel, Linda Montgomery, Dorothy Nix, Willie Roby, Albert Thompson, Teleter Tucker, Jacqueline Watkins, Mary B. Williams, Shirley Johnson, Deloris Corley, Sabrina Dixon, Charlene Johnson, Annie King, Annie L. Lee, Shirley McDaniel, Daphne Montgomery, Mary Wilson, Charles Husband, Tessa Smith and William Smith; Wilkinson Circuit Court; LC Case #: 02-0082 CIV; Ruling Date: 08/29/2002; Ruling Judge: Lillie Sanders; Disposition: Appellants' Motion to Strike Affidavit and Argument is dismissed as moot. Diaz and Randolph, JJ., not participating. Order entered.

Pre-Paid Legal Services, Inc., Brooks Werkheiser, Dyre Law Firm, PLLC and Arnold D. Dyre v. Clara Mealey, Tyrone Green, George Lee Sanders, Sr., Mary Collins, Steve Brengettsy, Emma Davis, Donna Gaylor, Vontricy McDaniel, Linda Montgomery, Dorothy Nix, Willie Roby, Albert Thompson, Teleter Tucker, Jacqueline Watkins, Mary B. Williams, Shirley Johnson, Deloris Corley, Sabrina Dixon, Charlene Johnson, Annie King, Annie L. Lee, Shirley McDaniel, Daphne Montgomery, Mary Wilson, Charles Husband, Tessa Smith and William Smith; Wilkinson Circuit Court; LC Case #: 02-0082 CIV; Ruling Date: 08/29/2002; Ruling Judge: Lillie Sanders; Majority Opinion: Smith, C.J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Graves and Dickinson, JJ., Concur. Cobb, P.J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

R. N. Turnbow Oil Investments v. Mrs. Maurice T. McIntosh, Grace Fulghum, Ann Fagan Tolbert, Walter Fagan, III; Covington Chancery Court; LC Case #: 01-237; Ruling Date: 12/13/2002; Ruling Judge: J. Buffington; Disposition: Motion for rehearing filed by appellees is denied. Cobb, P.J., would grant. Diaz, J., not participating.

In Re: Latoya L. Thomas; Hinds Circuit Court 1st District; Ruling Judge: Tomie Green; Disposition: Petition for Writ of Prohibition filed by Petitioner is denied. Diaz and Graves, JJ., not participating. Order entered.

Barbara Stedman v. Diversified Health Services Inc., Servicemaster Diversified Health Services, Inc., BEP Services, L.L. P., Ann Jackson and Lorraine Ellis; Hinds Circuit Court 1st District; LC Case #: 251-02-1380CIV; Ruling Judge: W. Yerger; Disposition: Petition for Review filed by counsel for Barbara Stedman 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.