Mississippi Supreme Court

Hand Down Lists
July 18, 1996

07/18/1996 - Hand Down and published opinions in WordPerfect/ZIP format

Michael Sullivan, P.J.
U 95-CA-00469-SCT

M. S. R.: IN THE MATTER OF THE ADOPTION OF THE MINOR CHILD NAMED IN THE PETITION v. L. W. L. and D. W. L. Appeal No. A93 from Judgment dated APRIL 17, 1995, Yalobusha County Chancery Court, First Judicial District; Affirmed. Lee, C.J., Concurs in result only. Appellant is taxed with all costs of this appeal.


EN BANC
89-R-99027-SCT

In Re: Mississippi Rules of Appellate Procedure DISPOSITION - On Court's own motion order of this Court entered June 27, 1996, amending Rule 40(a) of the Mississippi Rules of Appellate Procedure is corrected to reflect the word "motion" instead of "petition." Order entered.


EN BANC
90-M-00892-SCT

Rudd, IN RE: Lafeldt Rudd Appeal No. 2519586 Hinds County Circuit Court First Judicial District; DISPOSITION - Rudd's "Writ for Mandamus and Complaint" and his "Motion to Proceed in Forma Pauperis Mandamus" denied. Order entered. DISPOSITION - On Court's own motion and under authority of M.R.A.P. 38 Rudd shall pay sanctions in the amount of twenty-five dollars to the Clerk of this Court and all costs normally taxable upon the filing of independent petitions for mandamus. No further motions or petitions seeking mandamus or other extraordinary relief will be filed with this Court by Rudd without the prepayment of costs. Nothing in this order shall be deemed to restrict the continued pursuit of the direct appeal now pending in No. 95-TS-006ll. Order entered.


EN BANC
93-DP-00418-SCT

Russell, Willie v. State of Mississippi Appeal No. 10130 from Judgment dated MARCH 04, 1993, Sunflower County Circuit Court; DISPOSITION - Appellant's Motion for Stay of Execution granted. Execution of Willie Russell is stayed pending disposition of the petition for writ of certiorari by the United States Supreme Court. Pittman and Mills, JJ., Not Participating. Order entered.


EN BANC
93-CT-00513-SCT

Baltar, John D. v. W. R. Fairchild Construction Company, Ltd. Appeal No. 11903174 from Judgment dated MARCH 29, 1993, Forrest County Circuit Court; CONSOLIDATED WITH: 93-CT-00982-SCT John D. Baltar v. W. R. Fairchild Construction Company, Ltd.; Appeal No. 11903174 from Judgment dated JULY 26, 1993, Forrest County Circuit Court; DISPOSITION - Baltar's Petition for Writ of Certiorari denied. To Deny: Prather and Sullivan, P.JJ., Roberts, Smith and Mills, JJ. To Grant: Lee, C.J., Banks and McRae, JJ.; Pittman, J., Not Participating. Order entered.


EN BANC
93-CT-00982-SCT

Baltar, John D. v. W. R. Fairchild Construction Company, Ltd. Appeal No. 11903174 from Judgment dated JULY 26, 1993, Forrest County Circuit Court; DISPOSITION - Baltar's Petition for Writ of Certiorari denied. To Deny: Prather and Sullivan, P.JJ., Roberts, Smith and Mills, JJ. To Grant: Lee, C.J., Banks and McRae, JJ.; Pittman, J., Not Participating. Order entered. CONSOLIDATED WITH: 93-CT-00513-SCT John D. Baltar v. W. R. Fairchild Construction Company, Ltd.; Appeal No. 11903174 from Judgment dated MARCH 29, 1993, Forrest County Circuit Court.


EN BANC
X 95-BA-00062-SCT

Mississippi Bar v. Alan Carter Appeal No. 94B58 from Judgment dated DECEMBER 02, 1994, Complaint Tribunal; Reversed and Rendered. Alan Carter is prohibited from applying for readmission to the Bar for a period of three years after the judgment in this case is final. Prather, P.J., Lee, C.J., Sullivan, P.J., Pittman, Banks, McRae, Roberts, Smith and Mills, JJ., Concur. Respondent is taxed with all costs of this appeal.



X 96-M-00717-SCT

IN RE: Kirk Fordice, Governor, State of Mississipp Appeal No. G961343 Hinds County Chancery Court First Judicial District; DISPOSITION - Petitioner's Petition for Writ of Prohibition and for Emergency Relief granted. The relief granted by the Circuit Court of the First Judicial District of Hinds County in Cause No. 251-96-660 Civ on July 9, 1996, is vacated and the action in the circuit court is dismissed. Lee, C.J., Roberts, Smith and Mills, JJ., would grant. Prather and Sullivan, P.JJ., Concur in result only. Pittman, J., Specially Concurs with Separate Written Opinion. Banks, J., does not join and files a Separate Statement. McRae, J., does not join, objects to the procedure and files a Separate Statement. Order entered. DISPOSITION - Motion of Respondents to Strike and to Dismiss the Petition of Kirk Fordice for a Writ of Prohibition and for Emergency Relief denied. Lee, C.J., Roberts, Smith and Mills, JJ., would deny. Prather and Sullivan, P.JJ., concur in result only. Pittman, J., Specially Concurs with Separate Written Opinion. Banks, J., does not join and files a separate Statement. McRae, J., does not join, objects to the procedure and files a separate Statement. Order entered.