06/30/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2004-CA-01614-SCT

Thomas Max Nygaard v. Getty Oil Company, Chevron Texaco Corporation f/k/a Texaco U.S. and J. R. Pounds, Inc.; Marion Circuit Court; LC Case #: 2002-0143; Ruling Date: 07/30/2004; Ruling Judge: Michael Eubanks; Consolidated with 2003-CA-01605-SCT Thomas Max Nygaard, Trustee of the Daisy Keith Trust v. Getty Oil Company, Chevron Texaco, Corporation f/k/a Texaco U.S. and J.R. Pounds, Inc.; Marion Circuit Court; LC Case #: 2002-0143; Ruling Date: 06/17/2003; Ruling Judge: Michael Eubanks; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ., Concur. Diaz, J., not participating.

Chris Jones v. State of Mississippi; Tunica Circuit Court; LC Case #: 2001-0087; Ruling Date: 04/29/2004; Ruling Judge: Albert Smith, III; Majority Opinion: Carlson, J. Disposition: Conviction of Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Tunica County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Parker Tractor & Implement Company, Inc. v. Edward Johnson, Jr. d/b/a F & E Farms; Coahoma Circuit Court; LC Case #: CI950074 ; Ruling Date: 02/13/1998; Ruling Judge: John Hatcher; Disposition: Motion to Amend or Clarify Mandate filed by appellee is granted. The statutory penalty of fifteen percent of the judgment is assessed against appellant. The mandate shall be amended to read as follows, " Affirmed. Appellant taxed with costs of appeal. Statutory Penalty assessed against appellant." Cobb, P.J., would deny. Waller, P.J., Diaz, Dickinson and Randolph, JJ., not participating. Order entered.

Anthony Ratliff v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-800CRY; Ruling Date: 07/25/2002; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for Anthony Ratliff is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Brooks Barnes v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2001-0062-CR; Ruling Date: 02/07/2003; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by counsel for Brooks Barnes is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson and Randolph, JJ. To Grant: Cobb, P.J. Not Participating: Diaz, Graves and DIckinson, JJ. Order entered.

Linda Stribling v. Carl William Stribling; Madison Chancery Court; LC Case #: 098406; Ruling Date: 12/27/2002; Ruling Judge: Gail Barnett; Disposition: Petition for writ of certiorari filed by Linda Stribling is denied. To Deny: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Waller, P.J., and Diaz, J. Order entered.

Roman Catholic Diocese of Jackson, Mississippi, and Bishop William R. Houck v. Kenneth Morrison, Francis Morrison, Thomas Morrison, and Dorothy Morrison; Hinds Circuit Court 1st District; LC Case #: 251-02-744C11; Ruling Date: 04/18/2003; Ruling Judge: Winston Kidd; Consolidated with 2003-IA-00743-SCT Roman Catholic Diocese of Jackson, Mississippi, and Bishop William R. Houck v. Kenneth Morrison, Francis Morrison, Thomas Morrison, and Dorothy Morrison; Hinds Circuit Court 1st District; LC Case #: 251-02-744CIV; Ruling Date: 03/31/2003; Ruling Judge: Winston Kidd; Disposition: Appellants' Motion for Rehearing, considered by this Court as a Motion for Reconsideration, is denied. Smith, C.J., and Easley, J., would grant. Diaz and Randolph, JJ., not participating. Order entered.

Facilities, Inc. v. Rogers-Usry Chevrolet, Inc.; Rankin Chancery Court; LC Case #: 51117; Ruling Date: 04/04/2003; Ruling Judge: Thomas Zebert; Majority Opinion: Randolph, J. Disposition: The Judgment of the Chancery Court of Rankin County is Affirmed and Reinstated, and the Judgment of the Court of Appeals is Reversed. Facilities, Inc., taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley and Carlson, JJ., Concur. Dickinson, J., Concurs in Part and in Result. Graves, J., Dissents Without Separate Written Opinion. Smith, C.J., and Diaz, J., not participating.

Wyeth Laboratories, A. Keith Lay, Jr., M.D., A. Keith Lay, Sr., M.D., et al. v. Lonelle James, et al.; Smith Circuit Court; LC Case #: 2002-95; Ruling Date: 06/06/2003; Ruling Judge: Robert Evans; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Randolph, J., Concurs in Result Only. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Graves, J., Concurs in Result Only With Separate Written Opinion. Diaz, J., not participating. Concur in result only Opinion: Graves, J.

Perry Leon Berryman v. Katherine Lynn (Hibbett)(Snyder) Berryman; Tate Chancery Court; LC Case #: 02-07-270 (ML); Ruling Date: 07/02/2003; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Easley, J. Disposition: Affirmed. Perry Leon Berryman taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Cobb, P.J., and Graves, J., Concur in Result Only. Diaz, J., not participating.

Denton Webb, Ruby Webb, Rachael Webb and Dan W. Webb v. Town Creek Master Water Management District of Lee, Pontotoc, Prentiss and Union Countries; and John Morgan, Jimmy Bucy, Kenneth Oswalt and Houston Pannell in Their Official Capacities as Members of the Board of Commissioners of Town Creek Master Water Management District of Lee, Pontotoc, Prentiss and Union Counties; Lee Chancery Court; LC Case #: 46,077; Ruling Date: 09/13/2003; Ruling Judge: Woodrow Brand, Jr.; Disposition: Motion for rehearing filed by appellees is denied. Diaz, J., not participating.

R. J. Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation, Phillip Morris USA Inc., The Corr-Williams Company, and Fayette Supermarket, Inc. v. Ursula R. King, Individually and on Behalf of All Wrongful Death Heirs and Beneficiaries of Mary Lee Latham, Deceased; Jefferson Circuit Court; LC Case #: 2002-319; Ruling Date: 03/02/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Randolph, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ., Concur. Diaz, J., not participating.

Mississippi Commission on Judicial Performance v. Billy Ray Brown; LC Case #: 2003-056; Ruling Date: 09/14/2004; Ruling Judge: Patricia Wise; Majority Opinion: Dickinson, J. Disposition: Billy Ray Brown is Removed from Office as Rankin County Justice Court Judge, District 3, effective from and after the date of this opinion and shall pay the costs of this proceeding in the amount of $1,336.79. Votes: Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Smith, C.J., and Diaz, J., not participating. Concurring in Part and Dissenting in Part Opinion: Easley, J.

Prudential Financial, Inc., The Prudential Life Insurance Company of America; Pruco Life Insurance Company v. Patty Stewart, Sally Stewart Hester, Giles Stewart and Larry Stewart, Individually and as Co-Executors of the Estate of Edsel Stewart; and Larry Stewart and Giles Stewart as Co-Trustees of the Stewart Life Insurance Trust; Hinds Circuit Court 1st District; LC Case #: 251-02-1269-CIV; Ruling Date: 01/25/2005; Ruling Judge: Winston Kidd; Disposition: Motion for Reconsideration of Order Denying Emergency Petition for Interlocutory Appeal and for Stay of Proceedings Pending Interlocutory Appeal filed by petitioners is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Nadine Kennedy Bush v. John Mathison Bush; Simpson Chancery Court; LC Case #: 2004-0342; Ruling Date: 02/25/2005; Ruling Judge: J. Buffington; Disposition: Motion for rehearing filed by John Mathison Bush, Respondent, is denied. Graves and Randolph, JJ., would grant. Diaz, J., not participating.

Beverly Enterprises-Mississippi, Inc. d/b/a Beverly Healthcare-Eason Boulevard and Beverly Healthcare Tupelo and Beverly Health and Rehabilitation Services, Inc. v. Delores Crump, as Conservator of Jonathan Dillard; Hinds Circuit Court 1st District; LC Case #: 251-04-943 CIV; Ruling Date: 02/22/2005; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Rehearing filed by counsel for Beverly Enterprises-Mississippi, Beverly Heathcare-Easom, Beverly Health and Rehabilitation Services, Inc., James C. Landers and Deborah Spence, seeking a rehearing on the denial of petitioners' Petition for Permission to Appeal Interlocutory Order, is granted. All trial court proceedings in the Circuit Court of the First Judicial District of Hinds County, Civil Action No. 251-04-943-CIV, are stayed pending further order of this Court. No additional briefing shall be submitted by the parties unless requested by this Court. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Green Point Credit v. Doris M. Carter and Leon C. Sawyer; Yazoo Circuit Court; LC Case #: 2001-C144; Ruling Date: 03/15/2005; Ruling Judge: Jannie Lewis; Disposition: Petition for Permission to Appeal and Motion to Stay Trial Court Proceedings filed by Green Point Credit is denied. Motion to Strike and for Sanctions is denied. To Deny: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves and Randolph, JJ. To Grant: Dickinson, J. Not Participating: Waller, P.J., and Diaz, J. Order entered.

Jimmy Craig Duncan v. Steve Pierce; Lowndes Chancery Court; LC Case #: 2003-0253; Ruling Date: 03/18/2005; Ruling Judge: Kenneth Burns; Disposition: Petition for Permission to File Interlocutory Appeal filed by Jimmy Craig Duncan is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ. To Grant: Randolph, J. Not Participating: Diaz and Easley, JJ. Order entered.

Mississippi Farm Bureau Mutual Insurance Company, Mississippi Farm Bureau Casualty Insurance Company and Southern Farm Bureau Casualty Insurance Company v. Kim Parker; Jones Circuit Court 2nd District; LC Case #: 2002-270-CV9; Ruling Date: 03/18/2005; Ruling Judge: Billy Landrum; Disposition: Combined Petition for Interlocutory Appeal filed by Mississippi Farm Bureau Mutual Insurance Company, Mississippi Farm Bureau Casualty Insurance Company, and Southern Farm Bureau Casualty Insurance Company is granted. The three orders granting Parker's motions to compel discovery, which orders are dated October 15, 2004, and were entered October 18, 2004, are hereby set aside. This matter is hereby remanded to the Circuit Court of the Second Judicial District of Jones County, Mississippi, for further proceedings consistent with this order. All costs of this appeal are taxed equally to the Petitioners and Respondents. This Order shall be published, and the Clerk of this Court shall spread this Order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of the Southern Reporter, Second Series (Mississippi Edition). Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents to the Order and Files Separate Written Statement. Diaz, J., not participating. Carlson, J., for the Court. Order entered.

Herbert C. Hanson, Jr. v. John Gregory Distotell, J & J Investments, LLC, The Estate of Ben G. Clark and Harrison County, Mississippi; Harrison Circuit Court 1st District; LC Case #: A-2401-98-00302; Ruling Date: 04/12/2005; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for Interlocutory Appeal filed by counsel for Herbert C. Hanson, Jr., is granted. This matter is remanded to the Circuit Court of Harrison County, Mississippi, for further proceedings consistent with this Order. The petitioner is taxed with all costs of this appeal. Graves, J., would grant and decide after briefing. Easley, J., would deny. Diaz, J., not participating. Randolph, J., for the Court. Order entered.

Surgicare of Gulfport d/b/a Health South Outpatient Center v. Carla D. Broadus; Harrison Circuit Court 1st District; LC Case #: A2401-2000-425; Ruling Date: 04/27/2005; Ruling Judge: Roger Clark; Disposition: Combined Petition and Memorandum Brief Requesting Interlocutory Appeal filed by counsel for Surgicare of Gulfport d/b/a Health South Outpatient Center is granted. The petitioner's request for stay is dismissed as moot. This matter is hereby remanded to the Circuit Court of the First Judicial District of Harrison County, Mississippi, for further proceedings consistent with this Order. Petitioner is taxed with all costs of this appeal. Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., would deny. Diaz, J., not participating. Carlson, J., for the Court. Order entered.