06/19/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2007-SA-00035-SCT

Mississippi State Department of Health and DeSoto Imaging & Diagnostics, LLC v. Baptist Memorial Hospital-Desoto, Inc. d/b/a Baptist Memorial Hospital-DeSoto and DeSoto Diagnostic Imaging, LLC d/b/a Carvel Imaging; Hinds Chancery Court 1st District; LC Case #: G2006-1611 W/4; Ruling Date: 12/29/2006; Ruling Judge: Patricia Wise; Majority Opinion: Randolph, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion.

Ameristar Casino Vicksburg, Inc. v. Jimmy L. Duckworth; Warren Circuit Court; LC Case #: 06,0106-CI; Ruling Date: 10/11/2006; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Dickinson, J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Randolph and Lamar, JJ., Concur.

Spotlite Skating Rink, Inc. v. Bianca Zwyaca Barnes, By and Through Mother and Next Friend, Vearly Barnes on Behalf of the Wrongful Death Beneficiaries and as Administratrix of the Estate of Bianca Zwyaca Barnes, Deceased; Washington Circuit Court; LC Case #: CI 2002-128; Ruling Date: 11/02/2005; Ruling Judge: Richard Smith; Majority Opinion: Diaz, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

In Re: The Rules of Civil Procedure; Disposition: On the Court's own motion, Rule 6(b) of the Rules of Civil Procedure is amended to read as set out in the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified 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). Denied: Easley, J. Order entered.

Fredrick Moore v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-070(b); Ruling Date: 10/11/2005; Ruling Judge: Robert Bailey; Majority Opinion: Carlson, J. Disposition: The Judgment of the Court of Appeals is Reversed and the Judgment of the Lauderdale County Circuit Court is Reinstated and Affirmed. Lauderdale County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Randolph and Lamar, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Dickinson, J., Dissents With Separate Written Opinion Joined by Diaz, P.J. Dissenting Opinion: Dickinson, J. Votes: Diaz, P.J., Joins This Opinion.

Lanikia Smith, by Her Next Friend, Bettie Smith; Camille Carter, by Her Next Friend, LaReatha Carter; Amory School District and Amory School District Board of Trustees v. Charles Clement d/b/a M & W Butane Gas Company, Inc.; Monroe Circuit Court; LC Case #: 96-049-PFM; Ruling Date: 10/26/2005; Ruling Judge: Paul Funderburk; Disposition: Motion for rehearing filed by Amory School District and Amory School District Board of Trustees is denied. Diaz, P.J., Easley and Graves, JJ., would grant.

D.C. and S.G. v. D.C.; Clarke Chancery Court; LC Case #: 00-0038-S; Ruling Date: 02/10/2006; Ruling Judge: Sarah Springer; Disposition: Motion to Reinstate Appeal filed by the appellant is denied. See Opinion of this Court handed down this date. Diaz, P.J., and Randolph, J., not participating.

D.C. and S.G. v. D.C.; Clarke Chancery Court; LC Case #: 00-0038-S; Ruling Date: 02/10/2006; Ruling Judge: Sarah Springer; Disposition: The motion for rehearing is granted. The original opinion is withdrawn and this opinion substituted therefor. Appeal Dismissed. Diaz, P.J., and Randolph, J., not participating.

D.C. and S.G. v. D.C.; Clarke Chancery Court; LC Case #: 00-0038-S; Ruling Date: 02/10/2006; Ruling Judge: Sarah Springer; Majority Opinion: Waller, P.J. Disposition: The motion for rehearing is granted. The original opinion is withdrawn and this opinion substituted therefor. Appeal Dismissed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Diaz, P.J., and Randolph, J., not participating.

In Re: Karen H. Spencer; Clarke Chancery Court; LC Case #: 000038-S; Ruling Date: 04/18/2006; Ruling Judge: Sarah Springer; Disposition: The motion for rehearing is denied. The original opinion is withdrawn and this opinion substituted therefor. Affirmed in Part; Reversed and Rendered in Part; Reversed and Remanded in Part; and Vacated and Remanded in Part. Easley, J., would grant. Diaz, P.J., and Randolph, J., not participating.

In Re: Karen H. Spencer; Clarke Chancery Court; LC Case #: 000038-S; Ruling Date: 04/18/2006; Ruling Judge: Sarah Springer; Majority Opinion: Waller, P.J. Disposition: The motion for rehearing is denied. The original opinion is withdrawn and this opinion substituted therefor. Affirmed in Part; Reversed and Rendered in Part; Reversed and Remanded in Part; and Vacated and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Carlson, Graves, Dickinson and Lamar, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, P.J., and Randolph, J., not participating.

Sheryl Stevison v. Public Employees' Retirement System of Mississippi; Hinds Circuit Court 1st District; LC Case #: 251-03-1030-CIV-BD; Ruling Date: 04/10/2006; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by the Public Employees' Retirement System of Mississippi is granted. To Grant: Smith, C.J., Carlson, Dickinson and Lamar, JJ. To Deny: Waller and Diaz, P.JJ., Easley, Graves and Randolph, JJ. Order entered.

Billy Ray Walton v. Tamara J. (Walton) Snyder; Lee Chancery Court; LC Case #: 00-0773-41-L; Ruling Date: 03/29/2006; Ruling Judge: Talmadge Littlejohn; Disposition: Petition for writ of certiorari filed by Billy Ray Walton is denied. Petition for writ of certiorari filed by Tamara J. Snyder is denied. To Deny Both Petitions: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant Both Petitions: Easley, J. Order entered.

Gwendolyn E. Ball, J. Neil Varnell and Sarge Preston v. Mayor and Board of Aldermen of the City of Natchez, Mississippi; Adams Circuit Court; LC Case #: 06-KV-0018S; Ruling Date: 11/17/2006; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for rehearing filed by appellants is denied.

Hazlehurst Lumber Company, Inc. v. Mississippi Forestry Commission; Franklin Circuit Court; LC Case #: 02-CV-056; Ruling Date: 12/12/2006; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for rehearing filed by appellant is denied.

Forrest Germany, A Mississippi Resident and E.B. Germany & Sons, a Texas Corporation v. Denbury Onshore, LLC, Ajit Jhangiani, A Texas Resident, Rosewood Partners, L.L.C., A Mississippi Corporation and Pirvest, Inc., a Texas Corporation; Pike Circuit Court; LC Case #: 05-094-PCT; Ruling Date: 01/19/2007; Ruling Judge: Michael Taylor; Majority Opinion: Diaz, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion.

The Mississippi Bar v. Gail P. Thompson; LC Case #: 2005-B-1936; Ruling Date: 03/14/2006; Majority Opinion: Waller, P.J. Disposition: Affirmed in Part; Reversed and Rendered in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion.

Adeline Cole v. State of Mississippi and Lauderdale County Department of Human Services; Lauderdale County Court; LC Case #: YC-07-428; Ruling Date: 11/29/2007; Ruling Judge: Veldore Young; Disposition: Motion for reconsideration filed by appellant is granted. The appeal in this cause shall be reinstated. To Grant: All Justices. Order entered.

Melvean Tennison v. Linda K. Hughes and Wade D. Hughes; Prentiss Circuit Court; LC Case #: CV0H-341F PR; Ruling Date: 06/04/2008; Ruling Judge: Paul Funderburk; Disposition: On Emergency Petition for Permission to Appeal and for Expedited Proceedings, the proceedings in the Circuit Court of Prentiss County, cause number CVOH-341F PR are hereby stayed until further order of this Court. To Grant Stay: Smith, C.J., Waller, P.J., Dickinson, Randolph and Lamar, JJ. To Deny Stay: Diaz, P.J., Easley, Carlson and Graves, JJ. Order entered.