Mississippi Supreme Court

Hand Down Lists
June 20, 1996

06/20/1996 - Hand Down and published opinions in WordPerfect/ZIP format

Michael P. Mills, J.
XX 92-CA-00839-SCT

Shields, Flora v. C. W. Easterling Appeal No. 7119 from Judgment dated JULY 16, 1992, Covington County Circuit Court; Judgment is Affirmed. McRae, J., Dissents with Separate Written Opinion. Appellant is taxed with all costs of this appeal.


Michael P. Mills, J.
92-CA-01340-SCT

Stat-Medic Emergency Medical Services, Inc. v. Scott County Board of Supervisors Appeal No. 10238 from Judgment dated DECEMBER 17, 1992, Scott County Circuit Court; CONSOLIDATED WITH: 93-CA-00311-SCT Stat-Medic Emergency Medical Services, Inc. v. Scott County Board of Supervisors; Appeal No. 10238 from Judgment dated FEBRUARY 26, 1993, Scott County Circuit Court; Before Sullivan, P.J., McRae and Mills, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


Michael P. Mills, J.
93-CA-00311-SCT

Stat-Medic Emergency Medical Services, Inc. v. Scott County Board of Supervisors Appeal No. 10238 from Judgment dated FEBRUARY 26, 1993, Scott County Circuit Court; Before Sullivan, P.J., McRae and Mills, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal. CONSOLIDATED WITH: 92-CA-01340-SCT Stat-Medic Emergency Medical Services, Inc. v. Scott County Board of Supervisors; Appeal No. 10238 from Judgment dated DECEMBER 17, 1992, Scott County Circuit Court.


Michael P. Mills, J.
X 93-CA-00777-SCT

Allstate Insurance Company v. Chicago Insurance Company Appeal No. 9168290 from Judgment dated MARCH 22, 1993, Hinds County Circuit Court, First Judicial District; Reversed and Remanded for proceedings consistent with the Opinion of this Court. Lee, C.J., Not Participating. Appellee is taxed with all costs of this appeal.


James W. Smith, J.
93-CA-00616-SCT

State of Mississippi, for the Use and Benefit of Phil Floyd and Elizabeth Floyd, Individually, and as Next Friends of Coadye Lynn Floyd, A Minor v. Washington County, Mississippi; The Board of Supervisors of Washington County, Mississippi being Jamie McGowin, Luther Alexander, Lon Pepper, Alfred Rankins, Sr., and Elsie Ruth Abraham, Individually, and in Their Official Capacities, et al. Appeal No. 9212545EW from Judgment dated MAY 24, 1993, Washington County Circuit Court; Before Prather, P.J., Banks and Smith, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


James W. Smith, J.
93-CA-00813-SCT

Johnson, Belinda, In The Matter Of The Estate Of Addie Pou, Deceased: v. Lawrence Gibbs, Administrator of the Estate of Addie Pou, Deceased, and the Heirs at Law of Addie Pou as an Intestate: Carrie Gibbs Warren, Luther Gibbs, Jr., Marzette Gibbs, William Gibbs, Jeanett Cooley Bolware, James W. Cooley, Jr., et al. Appeal No. 43109 from Judgment dated JUNE 22, 1993, Jones County Chancery Court, Second Judicial District; Before Prather, P.J., Banks and Smith, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


James L. Roberts Jr., J.
93-CC-00807-SCT

Reliance Insurance Company v. Employers Insurance of Wausau Appeal No. 9212766E from Judgment dated JUNE 18, 1993, Washington County Circuit Court; Before Prather, P.J., Banks and Roberts, JJ.: Judgment is Affirmed. Smith, J., Not Participating. Appellant is taxed with all costs of this appeal.


Chuck McRae, J.
XX 92-CA-01042-SCT

Lawrence, Lee R. and Peggy M. Lawrence v. Greenline Equipment, Inc., Sheriff Dennis E. Prescot West Alabama Bank & Trust Appeal No. 18673 from Judgment dated SEPTEMBER 18, 1992, Lowndes County Circuit Court; Appeal dismissed. Banks, J., Concurs with Separate Written Opinion joined by Lee, C.J., and Prather, P.J. Appellants are taxed with all costs of this appeal.


Lenore L. Prather, P.J.
92-KP-01150-SCT

Clincy, Roy Lenell v. State of Mississippi Appeal No. 3648 from Judgment dated OCTOBER 12, 1992, Madison County Circuit Court; Before Prather, P.J., Roberts and Mills, JJ.: Lower Court's denial of Post Conviction Relief Affirmed. Madison County is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
XXX 92-CA-01153-SCT

Milliken & Michaels, Inc. v. Fred Netterville Lumber Company Appeal No. 5673 from Judgment dated OCTOBER 20, 1992, Wilkinson County Circuit Court; Reversed and Rendered. Sullivan, P.J., Concurs with Separate Written Opinion joined by Lee, C.J., Banks and Mills, JJ.; McRae, J., Dissents with Separate Written Opinion. Appellee is taxed with all costs of this appeal. DISPOSITION - Appellee's Motion to Answer Appellant's Response Brief granted. Order entered.


Lenore L. Prather, P.J.
X 93-CA-00696-SCT

Quin, George M., Attorney-Executor, and John W. Huff, IN THE MATTER OF THE ESTATE OF VERA AGNES HUFF, Deceased v. Carole A. Metz Appeal No. P3848 from Judgment dated JUNE 22, 1993, Harrison County Chancery Court, First Judicial District; Judgment is Affirmed. Lee, C.J., Not Participating. Appellant is taxed with all costs of this appeal.


Lenore L. Prather, P.J.
93-KA-01017-SCT

State of Mississippi v. Garland McCord a/k/a Garlan McCord Appeal No. 7832 from Judgment dated SEPTEMBER 03, 1993, Jones County Circuit Court, Second Judicial District; Before Prather, P.J., Banks and Smith, JJ.: Granting of motion to dismiss Affirmed. Jones County is taxed with all costs of this appeal.


Dan M. Lee, C.J.
94-CA-00123-SCT

Davis, J. E. v. Memphis Area Teachers Credit Union, Bobby Lynn Moore and Tina Brooks Moore Appeal No. 93098 from Judgment dated NOVEMBER 01, 1993, Marshall County Chancery Court; Before Dan Lee, C.J., Pittman and Roberts, JJ.: Judgment is Affirmed. Appellant is taxed with all costs of this appeal.


EN BANC
89-R-99006-SCT

In Re: Uniform Chancery Court Rules DISPOSITION - Petition of the Chancery Conference for Amendment to Rule 8.05 of the Uniform Chancery Court Rules granted, effective July 1, 1996. Order entered.


EN BANC
89-R-99015-SCT

In Re: Local Rules DISPOSITION - Upon letter requests of Chancellors McClure and Lynchard and the Court having reexamined the proposal submitted by Chancellor Baker finds that it extends to matters beyond assigning causes and dockets and the setting of terms, it is ordered that the Order of this Court entered January 2, 1996, approving as Local Rules for the Third Chancery Court District certain orders entered by Senior Chancellor Dennis M. Baker is hereby rescinded, and the chancellors of the district are invited to submit proposed rules in accordance with the provisions of M.R.C.P. 83(a). Order entered. DISPOSITION - Amended Order and Addendum to Order filed by Judge Billy J. Landrum of the Eighteenth Circuit Court District on September 11, 1995, as proposals for local court rules denied. Order entered. DISPOSITION - Order filed by Judge Billy J. Landrum on November 14, 1995, and styled Supplemental Order - Criminal Court - Jones County - Mississippi as proposals for local court rules denied. Order entered. DISPOSITION - Order filed by Judge Billy J. Landrum on December 12, 1995, for approval of an order proposing a local rule which would require attorneys in all cases to furnish proposed orders to the court within forty-eight hours following hearings denied. McRae, J., would grant. Order entered. DISPOSITION - Order filed by Judge Billy J. Landrum on March 22, 1996, for approval of an order proposing a local rule denied. Order entered. DISPOSITION - Petition for Approval of the Municipal Court Rules of the Municipal Court of the City of Tupelo, Lee County, Mississippi, dismissed. Order entered.


EN BANC
89-R-99026-SCT

In Re: Authorization of Court Annexed Mediation in Chancery, Circuit and County Courts: DISPOSITION - The Chancery, Circuit and County Courts in the State of Mississippi are authorized to enter the Order Instituting Pilot Mediation Program upon their request and upon approval by this Court in accordance with the guidelines set out herein. Order entered. DISPOSITION - On Petition the Chancery Court of the First Chancery Court District and the Circuit Courts of the First, Fourth and Fifteenth Circuit Court Districts are hereby authorized to enter the Order Instituting Pilot Mediation Program authorized by this Court in its Order Authorizing Pilot Mediation Program. Order entered.


EN BANC
89-R-99027-SCT

In Re: Mississippi Rules of Appellate Procedure DISPOSITION - Petition for Amendment to MRAP 15(a) and (c) granted. Order entered.


EN BANC
91-KA-00658-SCT

Walton, Jeffery L. a/k/a Jeffry L. Walton v. State of Mississippi Appeal No. 21795 from Judgment dated JULY 01, 1991, Leflore County Circuit Court; DISPOSITION - Walton's Pro Se Application for Leave to File Motion for Post-Conviction Relief in Trial Court Seeking Relief on Basis of Newly Discovered Evidence denied. To Deny: Lee, C.J., Pittman, Roberts, Smith and Mills, JJ. To Grant: Prather and Sullivan, P.JJ., Banks and McRae, JJ. Order entered.


EN BANC
XXX 92-KA-00003-SCT

Rhodes, Lois W. v. State of Mississippi Appeal No. 6134 from Judgment dated DECEMBER 23, 1991, Winston County Circuit Court; On Change of Venue to Grenada County. Conviction of Murder and Sentence of life imprisonment in the custody of the Mississippi Department of Corrections Affirmed. Banks, J., Prather and Sullivan, P.JJ., Pittman, Roberts, Smith and Mills, JJ., Concur. 92b.html; McRae, J., Dissents with Separate Written Opinion joined by Lee, C.J.; Lee, D. Dissents with Separate Written Opinion Appellant is taxed with all costs of this appeal.


EN BANC
92-CC-00128-SCT

Mississippi State Board of Public Accountancy Acting as Board and Trial Board; Roy L. Horton, Joseph F. Curry, Cathy R. Reed, Margaret F. Butler, John M. Robinson, Marvel A. Turner, Sr., Sam J. Larosa, Jr., and Ben B. Sayle, Sr., Certified Public Accounta v. Stephen W. Gray, C.P.A. Appeal No. 12044 from Judgment dated JANUARY 16, 1992, Marion County Circuit Court; DISPOSITION - Petition for Rehearing denied.


EN BANC
92-CC-00708-SCT

Phillips, James Truitt v. Mississippi Veterans' Home Purchase Board Appeal No. 9271264 from Judgment dated JUNE 03, 1992, Hinds County Circuit Court, First Judicial District; DISPOSITION - Petition for Rehearing denied. Prather, P.J., Banks, McRae and Smith, JJ., would grant.


EN BANC
XXX 92-KA-00973-SCT

Franklin, Roderick and Glen Dale Jackson v. State of Mississippi Appeal No. 22518 from Judgment dated SEPTEMBER 02, 1992, Washington County Circuit Court; Reversed and Rendered. Roderick Franklin and Glen Dale Jackson are discharged. Prather, P.J., Lee, C.J., Sullivan, P.J., Banks and McRae, JJ., Concur. Smith, J., Dissents with Separate Written Opinion joined by Roberts and Mills, JJ.; Mills, J., Dissents with Separate Written Opinion joined by Roberts and Smith, JJ.; Pittman, J., Not Participating. Washington County is taxed with all costs of this appeal.


EN BANC
XXX 92-BA-01201-SCT

Attorney U v. Mississippi Bar Appeal No. 92B390 from Judgment dated OCTOBER 28, 1992, Complaint Tribunal; Petitions for Rehearing granted. The original opinions are withdrawn and these opinions are substituted therefor. Reversed and Rendered. Roberts, J., Lee, C.J., Prather, P.J., Pittman and Smith, JJ., Concur. Mills, J., Concurs in result only. Banks, J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Sullivan, P.J., and McRae, J.; McRae, J., Dissents with Separate Written Opinion. Respondent is taxed with all costs of this appeal. DISPOSITION - Petitioner's Motion to Strike the Bar's Cross-Petition denied. Order entered.


EN BANC
92-CA-01220-SCT

Davis, Howard W.: IN THE MATTER OF THE ESTATE OF CHARLES MAURICE ANDERSON, Deceased: Howard W. Davis v. Deposit Guaranty National Bank, Frank U. Parent and Jeffrey D. Hall, Officers of Deposit Guaranty National Bank Trust Division and Taylor and Dykes Forestry, Inc. and J. Marvin Taylor, President and Co-Owner of Taylor and Dykes Forestry, Inc. Appeal No. 8551 from Judgment dated JULY 30, 1992, Amite County Chancery Court; DISPOSITION - Petition for Rehearing denied. Prather, P.J., Not Participating.


EN BANC
93-CT-00533-SCT

Teasley, Harry P. v. State of Mississippi Appeal No. 6864 from Judgment dated APRIL 14, 1993, Montgomery County Circuit Court; DISPOSITION - Teasley's Petition for Writ of Certiorari denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ.; McRae, J., Not Participating. Order entered.


EN BANC
XX 93-BA-01051-SCT

Mississippi Bar v. R. Charles Robb Appeal No. 92B845 from Judgment dated APRIL 08, 1993, Complaint Tribunal; On Direct Appeal: Reversed and Rendered. R. Charles Robb is suspended from the practice of law for six months effective July 1, 1996. Order of Suspension entered. On Cross Appeal: Denied. Mills, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts and Smith, JJ., Concur. McRae, J., Dissents with Separate Written Opinion. Robb is taxed with all costs of this appeal. DISPOSITION - Robb's Motion to Strike denied. Order entered. DISPOSITION - Robb's Motion for Leave to Respond to, Comment Upon or to Cite Authorities in Response to the Court's Supplement to the Record denied. Order entered.


EN BANC
95-CT-00068-SCT

Pringle, William E., Frank E. Pringle and Reed Pringle v. Brad Canaan and Earl Fayard Appeal No. 22167 from Judgment dated DECEMBER 16, 1994, Harrison County Chancery Court, Second Judicial District; DISPOSITION - Petition for Writ of Certiorari filed by Brad Canaan and Earl Fayard denied. To Deny: Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ. To Grant: McRae, J. Order entered.


EN BANC
96-M-00114-SCT

In Re: Kirk Fordice, As Governor of the State of Mississippi Appeal No. 941429 Jackson County Chancery Court; DISPOSITION - Motion of the Mississippi Tobacco Distributors for Leave to File Amicus Curiae Brief granted. Order entered. DISPOSITION - Motion of the Mississippi Manufacturers Association for Leave to File Brief Amicus Curiae granted. Order entered.