06/12/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
XX  2006-CA-01128-SCT

Milton Cecil Watts v. Radiator Specialty Company and United States Steel Corporation; Smith Circuit Court; LC Case #: 2002-364; Ruling Date: 06/09/2006; Ruling Judge: Robert Evans; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ., Concur. Diaz, P.J., Dissents With Separate Written Opinion Joined by Easley and Graves, JJ. Randolph, J., not participating. Dissenting Opinion: Diaz, P.J. Votes: Easley and Graves, JJ., Join This Opinion.

In Re The Guardianship of Albert Jermaine Duckett and Walter Williams, Jr.; Walter Williams, Sr., Guardian: BancorpSouth Bank f/k/a Bank of Mississippi v. Albert Jermaine Duckett, Walter Williams, Jr., and Walter Williams, Sr.; Tishomingo Chancery Court; LC Case #: 12,551; Ruling Date: 08/17/2006; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Diaz, P.J. Disposition: Reversed and Rendered in Part; Reversed and Remanded in Part. Appellees taxed with costs of appeal. Votes: Smith, C.J., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Waller, P.J., and Lamar, J., not participating.

Southeast Foods, Inc., d/b/a Super Valu and Fred Henry, Individually and as Manager v. Rhudro Wince; Bolivar Circuit Court 2nd District; LC Case #: 2002-41; Ruling Date: 08/03/2006; Ruling Judge: Albert Smith, III; Majority Opinion: Waller, P.J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Bernie Winkel and Rachel Winkel v. Windsor Windows and Doors; Coahoma Circuit Court; LC Case #: 14-CI-02-0179-ABS-W; Ruling Date: 07/16/2007; Ruling Judge: Albert Smith, III; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Terry Dora v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2001-0665-CR1; Ruling Date: 11/23/2004; Ruling Judge: Lee Howard; Disposition: Appellant's Motion to Amend Written Response to Writ of Certiorari is denied. See Opinion of this Court handed down this date.

Terry Dora v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2001-0665-CR1; Ruling Date: 11/23/2004; Ruling Judge: Lee Howard; Majority Opinion: Randolph, J. Disposition: The Judgment of the Court of Appeals is Reversed. The Judgment of the Circuit Court of Lowndes County is Reinstated and Affirmed. Conviction of possession of more than thirty (30) grams of cocaine and sentence of sixty (60) years, as a habitual offender, in the custody of the Mississippi Department of Corrections, and payment of a fine of $2,000,000, Affirmed. Lowndes County taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson and Lamar, JJ., Concur. Dickinson, J., Dissents with Separate Written Opinion Joined by Waller and Diaz, P.JJ., and Graves, J. Dissenting Opinion: Dickinson, J. Votes: Waller and Diaz, P.JJ., and Graves, J., Join This Opinion.

Steven Hall v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR-2002-561 CD; Ruling Date: 05/06/2005; Ruling Judge: Robert Chamberlin; Disposition: Petition for writ of certiorari filed by Steven Hall, pro se, is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Diaz, P.J. Not Participating: Lamar, J. Order entered.

Velma Payne as Personal Representative of Matthew Smith, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Matthew Smith, Deceased v. Magnolia Healthcare, Inc. d/b/a Arnold Avenue Nursing Home, Foundation Health Services, Inc. and Diane Oltremari; Washington Circuit Court; LC Case #: CI2002-163; Ruling Date: 09/28/2004; Ruling Judge: W. Hines; Disposition: This Court granted the petition for writ of certiorari filed by counsel for Velma Payne by order entered on March 6, 2008. After due consideration, this Court finds that the petition was improvidently granted. On the Court's own motion, the petition for writ of certiorari filed by counsel for Velma Payne is dismissed as improvidently granted. Easley, J., would grant. Randolph, J., for the Court. Order entered.

Covenant Health & Rehabilitation of Picayune, LP; Covenant Dove, Inc.; Picayune Partners, Inc.; Bond, Johnson & Bond, Inc., n/k/a Covenant Dove, Inc.; and Keri H. Ladner v. The Estate of Mary Frances Lambert, by and through Joseph Lambert, Individually and as Personal Representative of the Estate of Mary Frances Lambert and on behalf of and for the Use and Benefit of the Wrongful Death Beneficiaries of Mary Frances Lambert; Pearl River Circuit Court; LC Case #: 2004-0425; Ruling Date: 10/24/2005; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by counsel for Covenant Health & Rehabilitation of Picayune, et al., is denied. To Deny: All Justices. Order entered.

James Walter Parchman v. Amwood Products, Inc. and Mississippi Manufacturers' Association Workers' Compensation Trust; Monroe Circuit Court; LC Case #: CV05-362(A)M; Ruling Date: 12/15/2005; Ruling Judge: Sharion Aycock; Majority Opinion: Graves, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Carlson, J., Dissents with Separate Written Opinion Joined by Smith, C.J. Dissenting Opinion: Carlson, J. Votes: Smith, C.J., Joins This Opinion.

Huey L. Evans v. State of Mississippi; Newton Circuit Court; LC Case #: 05-CR-034-NWG; Ruling Date: 12/07/2005; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed by counsel for Huey L. Evans is denied. To Deny: All Justices. Order entered.

Renal Care Group; Clarksdale HMA, Inc., d/b/a Northwest Regional Medical Center; Karl W. Hatten, M.D. and Whitman B. Johnson, Jr., M.D. v. Tonya Parson, Administratrix of the Estate of Willis T. Drennon, Deceased; Coahoma Circuit Court; LC Case #: 14CI-03-0060; Ruling Date: 05/16/2006; Ruling Judge: Albert Smith, III; Disposition: Appellant's Motion to Strike Appellee's Response or, in the Alternative, Rebuttal to Appellee's Response to Motion for Reconsideration is denied. Graves, J., not participating. Order entered.

Renal Care Group; Clarksdale HMA, Inc., d/b/a Northwest Regional Medical Center; Karl W. Hatten, M.D. and Whitman B. Johnson, Jr., M.D. v. Tonya Parson, Administratrix of the Estate of Willis T. Drennon, Deceased; Coahoma Circuit Court; LC Case #: 14CI-03-0060; Ruling Date: 05/16/2006; Ruling Judge: Albert Smith, III; Disposition: Motion for reconsideration filed by appellants is denied. Smith, C.J., would grant. Graves, J., not participating.

Morris Frith v. State of Mississippi; Scott Circuit Court; LC Case #: 2006-CV-102-SC; Ruling Date: 07/13/2006; Ruling Judge: Marcus Gordon; Disposition: This Court granted the petition for writ of certiorari filed by Morris Frith by order entered April 24, 2008. After due consideration, this Court finds that the petition should be dismissed as improvidently granted. On the Court's own motion, the petition for writ of certiorari filed by Morris Frith is dismissed as improvidently granted. To Dismiss: All Justices. Graves, J., for the Court. Order entered.

Tyree Staten a/k/a Tryee W. Staten a/k/a Tyree Wyshawn Staten v. State of Mississippi; Clarke Circuit Court; LC Case #: 2005-93(B); Ruling Date: 04/13/2006; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari filed by Tyree Staten is denied. To Deny: All Justices. Order entered.

Steven Ray Shelton a/k/a Steven Shelton v. State of Mississippi; Rankin Circuit Court; LC Case #: 2005-251-R; Ruling Date: 11/22/2006; Ruling Judge: Samac Richardson; Consolidated with 2006-CT-02134-SCT Steven Ray Shelton v. State of Mississippi; Rankin Circuit Court; LC Case #: 2005-252-R; Ruling Date: 11/22/2006; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Steven Shelton is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Randolph and Lamar, JJ. To Grant: Diaz, P.J., Graves and Dickinson, JJ. Order entered.

Steven Ray Shelton v. State of Mississippi; Rankin Circuit Court; LC Case #: 2005-252-R; Ruling Date: 11/22/2006; Ruling Judge: Samac Richardson; Consolidated with 2006-CT-02128-SCT Steven Ray Shelton a/k/a Steven Shelton v. State of Mississippi; Rankin Circuit Court; LC Case #: 2005-251-R; Ruling Date: 11/22/2006; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Steven Shelton is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Randolph and Lamar, JJ. To Grant: Diaz, P.J., Graves and Dickinson, JJ. Order entered.

Yasmine Hughes a/k/a Yasmin Hughes v. State of Mississippi; Winston Circuit Court; LC Case #: 2006-056-CR; Ruling Date: 12/07/2006; Ruling Judge: C. Morgan, III; Disposition: Motion for rehearing filed by appellant is denied.

Dennis M. McLemore and Wife, Tammy C. McLemore v. Mississippi Transportation Commission; DeSoto Circuit Court; LC Case #: 2004-297 CD; Ruling Date: 03/13/2007; Ruling Judge: Robert Chamberlin; Consolidated with 2005-CA-02076-SCT Dennis M. McLemore and Wife,Tammy C. McLemore v. Mississippi Transportation Commission; DeSoto Circuit Court; LC Case #: 2004-297CD; Ruling Date: 09/23/2005; Ruling Judge: Robert Chamberlin; Majority Opinion: Graves, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Diaz, P.J., Easley, Randolph and Lamar, JJ., Concur. Dickinson, J., Concurs in Result Only. Waller, P.J., Dissents with Separate Written Opinion Joined by Smith, C.J., and Carlson, J. Dissenting Opinion: Waller, P.J. Votes: Smith, C.J., and Carlson, J., Join This Opinion.

National Bank of Commerce and NBC Capital Corporation v. Justin Shelton; Lowndes Circuit Court; LC Case #: 2005-0103-CV1; Ruling Date: 03/28/2007; Ruling Judge: James Kitchens, Jr.; Consolidated with 2007-CA-01749 National Bank of Commerce and NBC Capital Corporation v. Justin Shelton; Lowndes Circuit Court; LC Case #: 2005-0103-CV1; Ruling Date: 09/11/2007; Ruling Judge: James Kitchens, Jr.; Disposition: Motion and Brief of Mississippi Bankers' Association for Suspension of the Rules and for Reconsideration of Order Denying Motion and Brief for Leave to file Brief as Amicus Curiae in Support of Defendants/Appellants National Bank of Commerce and NBC Capital Corporation is granted. Pursuant to MRAP 27(h)(8), the Rules of Appellate Procedure are hereby suspended to allow for the consideration of this motion for reconsideration. The motion for reconsideration is granted and the petitioners are allowed to file the Brief of Amicus Curiae. The petitioners shall file the Brief of Amicus Curiae with the Clerk of this Court and as directed by the Rules of Appellate Procedure within ten (10) days of the date of this order. To Grant Reconsideration: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Deny Reconsideration: Easley, J. Order entered.

National Bank of Commerce and NBC Capital Corporation v. Justin Shelton; Lowndes Circuit Court; LC Case #: 2005-0103-CV1; Ruling Date: 09/11/2007; Ruling Judge: James Kitchens, Jr.; Consolidated with 2007-CA-01659 National Bank of Commerce and NBC Capital Corporation v. Justin Shelton; Lowndes Circuit Court; LC Case #: 2005-0103-CV1; Ruling Date: 03/28/2007; Ruling Judge: James Kitchens, Jr.; Disposition: Motion and Brief of Mississippi Bankers' Association for Suspension of the Rules and for Reconsideration of Order Denying Motion and Brief for Leave to file Brief as Amicus Curiae in Support of Defendants/Appellants National Bank of Commerce and NBC Capital Corporation is granted. Pursuant to MRAP 27(h)(8), the Rules of Appellate Procedure are hereby suspended to allow for the consideration of this motion for reconsideration. The motion for reconsideration is granted and the petitioners are allowed to file the Brief of Amicus Curiae. The petitioners shall file the Brief of Amicus Curiae with the Clerk of this Court and as directed by the Rules of Appellate Procedure within ten (10) days of the date of this order. To Grant Reconsideration: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Deny Reconsideration: Easley, J. Order entered.