Mississippi Supreme Court

Hand Down Lists
June 20, 2002

06/20/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Cobb, Kay B.
XX 2000-CA-01866-SCT

Mosley, Phillip Sr. v. Angela Atterberry Lauderdale Chancery Court; LC Case # 97-995-S; Ruling: 10/10/2000; Sarah Springer; Majority Opinion: Cobb, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Diaz, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents With Separate Written Opinion, Joined by Easley, J.. Dissenting Opinion: McRae, P.J. Votes: Easley, J., Joins This Opinion.


EN BANC
89-R-99026-SCT

Authorization of Court Annexed Mediation In Chancery, Circuit and County Courts, In Re: Disposition: Petition of Court Annexed Mediation Committee and Alternative Dispute Resolution Section for amendments to the Court Annexed Mediation Rules is granted with modification as set forth herein. Rule XIII of the Court Annexed Mediation Rules for Civil Litigation is amended as set forth in Exhibit "A" attached to the order and a new Rule XV is adopted as set forth in Exhibit "B" attached to the order. The Clerk of this Court shall spread this order upon the minutes of this 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). Easley, J., would deny. Graves, J., not participating. Order entered.


EN BANC
89-R-99027-SCT

Mississippi Rules of Appellate Procedure, In Re: Disposition: On the Court's own motion, Rule 27(b) of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" attached to this order. The Clerk of this Court shall spread this order upon the minutes of this 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). McRae, P.J., would deny. Graves, J., not participating. Order entered.


EN BANC
89-R-99027-SCT

Mississippi Rules of Appellate Procedure, In Re: Disposition: On the Court's own motion, Rule 11(c) of the Mississippi Rules of Appellate Procedure and the Comment thereto are amended as set forth in Exhibit "A" attached to the order. The Clerk of this Court shall spread this order upon the minutes of this 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). Graves, J., not participating. Order entered.


EN BANC
89-R-99027-SCT

Mississippi Rules of Appellate Procedure, In Re: Disposition: On the Court's own motion, Rule 20(f) of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" attached to 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). Easley, J., would deny. Graves, J., not participating. Order entered.


EN BANC
89-R-99027-SCT

Mississippi Rules of Appellate Procedure, In Re: Disposition: On the Court's own motion, Rule 30(a) of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" to this order. The Clerk of this Court shall spread this order upon the minutes of this 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). Graves, J., not participating. Order entered.


EN BANC
89-R-99027-SCT

Mississippi Rules of Appellate Procedure, In Re: Disposition: On the Court's own motion, Rule 25(b) of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" attached to this order. The Clerk of this Court shall spread this order upon the minutes of this 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). Graves, J., not participating. Order entered.


EN BANC
89-R-99027-SCT

Mississippi Rules of Appellate Procedure, In Re: Disposition: On the Court's own motion, Rule 29(c) of the Mississippi Rules of Appellate Procedure is amended as set forth in Exhibit "A" attached to this order. The Clerk of this Court shall spread this order upon the minutes of this 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). McRae, P.J., would deny. Graves, J., not participating. Order entered.


EN BANC
XX 98-CA-00759-SCT

Smith, Dorothy M., R. C. Kilcrease, Jr., Robert Edgar Kilcrease and Roger Dale Ruffin v. Mack Trucks, Inc. and Jackson Mack Sales, Inc. Hinds Circuit Court 1st District; LC Case #9375208; Ruling: 03/17/1998; L. Hilburn; Majority Opinion: Diaz, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Easley and Graves, JJ., Concur. Smith, P.J., Dissents With Separate Written Opinion Joined by Waller, Cobb and Carlson, JJ. Dissenting Opinion: Smith, P.J. Votes: Waller, Cobb and Carlson, JJ., Join This Opinion.


EN BANC
XX 1999-IA-01699-SCT

Stubbs, John W. and A. W. Stubbs v. Mississippi Farm Bureau Casualty Insurance Company a/k/a Farm Bureau Casualty Insurance Company, Trustmark National Bank, Billy Welch and Welch Auto Plex, Inc Simpson Circuit Court; LC Case #980052; Ruling: 09/30/1999; Robert Evans; Majority Opinion: Smith, P.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Cobb and Carlson, JJ., Concur. Graves, J., Concurs in Result. McRae, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Diaz and Easley, JJ.. Waller, J., not participating. Concurring in Part and Dissenting in Part Opinion: McRae, P.J. Votes: Diaz and Easley, JJ., Join This Opinion.


EN BANC
XX 2000-CA-00252-SCT

Hensarling, James Kenneth v. Brenda Roxanne Gray Hensarling Hinds Chancery Court 1st District; LC Case # G95-2632(S/2); Ruling: 11/05/1999; William Singletary; Consolidated With 2000-CA-00333-SCT James Kenneth Hensarling v. Brenda Roxanne Gray Hensarling; Hinds Chancery Court 1st District; LC Case # 95-2632(S/2); Ruling: 02/24/2000; William Singletary; Majority Opinion: Graves, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: McRae, P.J., Diaz and Carlson, JJ., Concur. Cobb, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Smith, P.J. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Pittman, C.J., and Waller, J., not participating. Concurring in Part and Dissenting in Part Opinion: Cobb, J. Votes: Smith, P.J., Joins This Opinion.


EN BANC
XX 2000-CA-00778-SCT

Smith, Bennie Loyd, Deceased: In the Matter of the Estate of, Tyree Irving and Ethola Irving v. Hallie Phillips Streater Carroll Chancery Court 2nd District; LC Case #97-0020; Ruling: 02/23/2000; John Love, Jr.; Majority Opinion: Pittman, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, P.J., Cobb and Carlson, JJ., Concur. Easley, J., Dissents With Separate Written Opinion joined by McRae, P.J., Diaz and Graves, JJ. Waller, J., not participating. Dissenting Opinion: Easley, J. Votes: McRae, P.J., Diaz and Graves, JJ., Join This Opinion.


EN BANC
2000-CT-00826-SCT

Aronson, Nicholas Mark v. The University of Mississippi Lafayette Chancery Court; LC Case # 99-114; Ruling: 04/20/2000; Glenn Alderson; Disposition: On Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for decision on the petition for writ of certiorari filed by the University of Mississippi is extended until July 25, 2002. A final decision on whether to grant or deny the petition shall be entered on or before July 25, 2002. Order entered.


EN BANC
2000-CA-01345-SCT

Harrison Enterprises, Inc. d/b/a Paulding Cable Company, a Mississippi and Elvin Lee Harrison, Jr. v. Trilogy Communications, Inc., a Delaware Corporation Rankin Circuit Court; LC Case # 98-210; Ruling: 07/11/2000; Samac Richardson; Disposition: Motion for rehearing filed by appellant is denied. McRae, P.J., Diaz, Easley and Graves, JJ., would grant. Pittman, C.J., not participating.


EN BANC
XX 2000-CA-01354-SCT

Sanders, Debra and State of Mississippi v. Estate of Butch Chamblee Leflore Circuit Court; LC Case #20-0081 CI; Ruling: 07/18/2000; Gray Evans; Majority Opinion: Cobb, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, P.J., Waller, Diaz, Easley and Carlson, JJ., Concur. McRae, P.J., Dissents With Separate Written Opinion. Graves, J., Dissents Without Separate Written Opinion. Pittman, C.J., not participating. Dissenting Opinion: McRae, P.J.


EN BANC
X 2001-CA-00098-SCT

Lindsey, Elizabeth v. Mark Lindsey Tippah Chancery Court; LC Case # 00-0322; Ruling: 09/27/2000; Norman Gillespie; Disposition: Motion for rehearing filed by appellant is denied. McRae, P.J., dissents on denial of motion for rehearing with separate written opinion joined by Easley, J.


EN BANC
X 2001-KA-00325-SCT

Buffington, Crystal Lynn v. State of Mississippi Warren Circuit Court; LC Case # 00,0023-CR-V;Ruling: 12/14/2000; Frank Vollor; Majority Opinion: Smith, P.J. Disposition: Conviction of Felonious Child Abuse and Sentence of Twenty (20) Years in the Custody of the Mississippi Department of Corrections, with seven (7) years suspended and five (5) years of post-release supervision, with conditions, affirmed. Warren County taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only.


EN BANC
X 2001-BR-01834-SCT

Holleman, Michael B., In the Matter of the Petition for Reinstatement to the Practice of Law of LC Case # 98-BD-00566; Ruling: 11/12/1998; Majority Opinion: Easley, J. Disposition: Contingent Reinstatement Granted. Michael Holleman taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Carlson and Graves, JJ., Concur.