06/15/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2004-CC-01278-SCT

Mayor and Board of Aldermen, City of Ocean Springs, Mississippi v. Homebuilders Association of Mississippi, Inc., et al.; Jackson Circuit Court; LC Case #: 2003-00093(3); Ruling Date: 05/24/2004; Ruling Judge: Dale Harkey; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Smith, C.J., Concurs in Result Only. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

State of Mississippi and J. K. Stringer, Jr., in His Official Capacity as State Fiscal Officer, and Jim Hood, Attorney General of the State of Mississippi, Ex Rel. The State of Mississippi v. The Board of Levee Commissioners for the Yazoo-Mississippi Delta; Coahoma Chancery Court; LC Case #: 2004-467; Ruling Date: 12/20/2004; Ruling Judge: William Willard, Jr.; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Illinois Central Railroad Company v. Milton McDaniel and Bettye C. McWilliams, Executrix of the Estate of Larry McWilliams, Deceased AND Kelly C. Robinson v. Illinois Central Railroad Company; Jefferson Circuit Court; LC Case #: 2000-100; Ruling Date: 12/08/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller, P.J., Diaz, Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Cobb, P.J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Randolph, J., not participating.

Mary Scaggs v. GPCH-GP, Inc. d/b/a Garden Park Medical Center; Harrison Circuit Court 1st District; LC Case #: A2401-04-00109; Ruling Date: 04/29/2005; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Cobb, P.J., and Diaz, J., Concur in Result Only. Graves, J., Specially Concurs With Separate Written Opinion Joined by Diaz and Carlson, JJ. Specially Concurring Opinion: Graves, J. Votes: Diaz and Carlson, JJ., Join This Opinion.

In Re: Commission on Mandatory Continuing Legal Education; Disposition: The Commission on Continuing Legal Education previously entered an order combining the requirements and reporting deadline for the 2004-2005 and 2005-2006 reporting years, with such hours to be reported by August 15, 2006. The request from Chancellor James Persons that attorneys practicing in the Coastal region be given an additional extension of the August 15, 2006, deadline for completion and reporting of continuing legal education requirements for 2004-2005 and 2005-2006 reporting years is granted. The deadline for Coastal Attorneys to complete and report continuing legal education hours for the 2004-2005 and 2005-2006 reporting years is extended from August 15, 2006 to August 31, 2007. For the three-year period beginning August 1, 2004, and ending July 31, 2007, Coastal Attorneys, unless otherwise exempted, shall be required to have earned a total of twenty-four (24) hours of continuing legal education, of which at least two hours shall be an Ethics Hour, as defined by Rule 3 of the Rules and Regulations for Mandatory Continuing Legal Education. In fulfilling these requirements, a maximum of twelve hours of credit may be carried over from the period of August 1, 2003 to July 31, 2004, in conformity with Regulation 3.7 of the Rules and Regulations for Mandatory Continuing Legal Education. With the exceptions stated herein, all Rules and Regulations for Mandatory Continuing Legal Education shall continue to apply. Order entered.

In Re: Local Rules; Disposition: Petition to Rescind Local Rules filed by Honorable Kathy King Jackson, Honorable Dale Harkey and Honorable Robert P. Krebs, Circuit Court Judges of the Nineteenth Circuit Court District is granted. The previously adopted local rules for the Nineteenth Circuit Court District of Mississippi are repealed. The Clerk of the Supreme Court shall record this order in the minutes of the Court and shall forward a true certified copy of this order to West Publishing Company for inclusion in the Southern Reporter, Second Series (Mississippi Edition). Order entered.

Willie Jerome Manning a/k/a "Fly" v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 13202; Ruling Date: 11/08/1994; Ruling Judge: Lee Howard; Disposition: Motion for Rehearing of Court's Denial of Renewed Petition for Review of Lower Court's Refusal to Address Discovery Motions and Motion to Withdraw Mandate Pending Consideration of this Motion for Rehearing filed by counsel for Willie Jerome Manning are dismissed. This present motion is not a request for rehearing on the merits of a decision as allowed by M.R.A.P. 40, but is a motion for rehearing of the Court's denial of Manning's Petition for Review of the Lower Court's Refusal to Address Discovery Motions. Easley, J., not participating. Order entered.

Mississippi State Tax Commission v. Murphy Oil USA, Inc.; Simpson Chancery Court; LC Case #: 2001-0086; Ruling Date: 01/21/2003; Ruling Judge: J. Buffington; Disposition: Motion for Rehearing filed by Murphy Oil USA, Inc., is denied. The prior opinion is withdrawn and this opinion is substituted therefor. Reversed and Rendered. Graves, J., would grant. Diaz and Randolph, JJ., not participating.

Mississippi State Tax Commission v. Murphy Oil USA, Inc.; Simpson Chancery Court; LC Case #: 2001-0086; Ruling Date: 01/21/2003; Ruling Judge: J. Buffington; Majority Opinion: Smith, C.J. Disposition: The motion for rehearing is denied. The prior opinion is withdrawn and this opinion is substituted therefor. Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

William F. Truax, III, Philip W. Shaw, Jr., Donnis Yates, Fred Kunz, Hannah Phillips, Frances Roberts and Jerry McCall v. City of Gulfport and Humane Society of South Mississippi, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-2002-527; Ruling Date: 04/22/2003; Ruling Judge: Kosta Vlahos; Disposition: Petition for writ of certiorari filed by William F. Truax, III, et al., is denied. To Deny: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Cobb, P.J., Diaz and Easley, JJ. Order entered.

Deborah Champluvier a/k/a Deborah Marie Champluvier v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2001-456O/D; Ruling Date: 01/15/2004; Ruling Judge: Gray Evans; Disposition: Petition for writ of certiorari filed pro se by Deborah Champluvier is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Graves, Dickinson and Randolph, JJ. To Deny: Easley, J. Order entered.

W. A. Coleman v. State of Mississippi; Leflore Circuit Court; LC Case #: 2003-0016; Ruling Date: 02/02/2004; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ. To Deny: Diaz and Dickinson, JJ. Order entered.

R.L.N. v. C.P.N.; Madison Chancery Court; LC Case #: 99-254; Ruling Date: 03/23/2004; Ruling Judge: William Lutz; Disposition: Petition for writ of certiorari filed by counsel for R.L.N. is denied. To Deny: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Cobb, P.J. Order entered.

Universal Underwriters Group, Inc. v. State Farm Fire and Casualty Company; Neshoba Chancery Court; LC Case #: 2003-296; Ruling Date: 08/19/2004; Ruling Judge: John Love, Jr.; Disposition: Petition for writ of certiorari filed by Universal Underwriters Group, Inc., is denied. To Deny: All Justices. Order entered.

John G. Yager, M.D. v. Sharon W. Dunn; Jackson Circuit Court; LC Case #: CI-96-0124(3); Ruling Date: 09/02/2004; Ruling Judge: Robert Krebs; Disposition: Motion for rehearing filed by counsel for appellant is denied. Easley, J., would grant. Diaz, J., not participating.

Nita Elaine Snyder Dobbins, Individually and as Natural Mother and Next Friend of the Infant Child Named in the Petition v. Johnny Lee Coleman; DeSoto Chancery Court; LC Case #: 04-01-0069(ML); Ruling Date: 11/08/2004; Ruling Judge: Mitchell Lundy, Jr.; Disposition: Motion for rehearing filed by counsel for appellant is denied. Cobb, P.J., Diaz and Randolph, JJ., not participating.

Willie J. White, Individually and as an Agent for National Linen Service Corporation d/b/a National Service Industries, Inc. and National Linen Service Corporation d/b/a National Service Industries, Inc. v. Willie Mae Stewman; Hinds Circuit Court 1st District; LC Case #: 251-03-365 CIV; Ruling Date: 12/01/2004; Ruling Judge: Winston Kidd; Consolidated with 2005-CA-00069-SCT Willie J. White, Individually and as an Agent for National Linen Service Corporation d/b/a National Service Industries, Inc., and National Linen Service Corporation, d/b/a National Service Industries, Inc. v. Willie Mae Stewman; Hinds Circuit Court 1st District; LC Case #: 251-03-365 CN; Ruling Date: 12/01/2004; Ruling Judge: Winston Kidd; Majority Opinion: Easley, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Dickinson and Randolph, JJ., Concur. Carlson, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Graves, J.; Diaz, J., Joins this Opinion in Part. Concur. Cobb, P.J., not participating. Concurring in Part and Dissenting in Part Opinion: Carlson, J. Votes: Graves, J., Joins This Opinion. Diaz, J., Joins This Opinion in Part.

Daniel Meyers v. R. C. Wilkerson, Jones & Company; Jackson Circuit Court; LC Case #: CI-95-0179(1); Ruling Date: 02/22/2005; Ruling Judge: Dale Harkey; Disposition: Appellant Daniel Meyers' Unopposed Motion to Dismiss Appeal is granted. The appeal is dismissed upon entry of this order. Each party shall bear its own costs. Graves, J., for the Court. Order entered.

In Re the Petition of Joe Price Coleman for Reinstatement in the Mississippi Bar; Disposition: Petition of Joe Price Coleman for Reinstatement in the Mississippi Bar is granted. See Opinion of this Court handed down this date. Easley, J., Dissents Without Separate Written Opinion. Waller, P.J., not participating.

In Re the Petition of Joe Price Coleman for Reinstatement in the Mississippi Bar; Majority Opinion: Dickinson, J. Disposition: Joe Price Coleman's Petition for Reinstatement in the Mississippi Bar is granted. Joe Price Coleman taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Graves and Randolph, JJ., Concur. Diaz, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Waller, P.J., not participating.

In Re: Administrative Orders of the Supreme Court of Mississippi; Disposition: The Commission on Continuing Legal Education previously entered an order combining the requirements and reporting deadline for the 2004-2005 and 2005-2006 reporting years, with such hours to be reported by August 15, 2006. The request from Chancellor James Persons that attorneys practicing in the Coastal region be given an additional extension of the August 15, 2006, deadline for completion and reporting of continuing legal education requirements for 2004-2005 and 2005-2006 reporting years is granted. The deadline for Coastal Attorneys to complete and report continuing legal education hours for the 2004-2005 and 2005-2006 reporting years is extended from August 15, 2006 to August 31, 2007. For the three-year period beginning August 1, 2004, and ending July 31, 2007, Coastal Attorneys, unless otherwise exempted, shall be required to have earned a total of twenty-four (24) hours of continuing legal education, of which at least two hours shall be an Ethics Hour, as defined by Rule 3 of the Rules and Regulations for Mandatory Continuing Legal Education. In fulfilling these requirements, a maximum of twelve hours of credit may be carried over from the period of August 1, 2003 to July 31, 2004, in conformity with Regulation 3.7 of the Rules and Regulations for Mandatory Continuing Legal Education. With the exceptions stated herein, all Rules and Regulations for Mandatory Continuing Legal Education shall continue to apply. Order entered.