07/29/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2003-CA-01246-SCT

Eller Media Company v. Mississippi Transportation Commission; DeSoto Special Court of Eminent Domain; LC Case #: CO-2000-0160; Ruling Date: 05/21/2003; Ruling Judge: Mills Barbee; Consolidated with 2003-CA-01248-SCT Eller Media Company v. Mississippi Transportation Commission; DeSoto Special Court of Eminent Domain; LC Case #: CO-2000-0155; Ruling Date: 05/21/2003; Ruling Judge: Mills Barbee; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Steven Page v. The University of Southern Mississippi; J. Yarbrough and S. Ray, Individually and in Their Official Capacity as Police Officers of The University of Southern Mississippi; Forrest Circuit Court; LC Case #: CI02-0254; Ruling Date: 04/11/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Carlson, J. Disposition: Reversed and Remanded Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves and Dickinson, JJ., Concur. Diaz and Randolph, JJ., not participating.

Constrilla Washington Wilson v. General Motors Acceptance Corporation and American Lenders Service Company of Jackson, Mississippi, Inc.; Claiborne Circuit Court; LC Case #: CV-99-0002; Ruling Date: 12/20/2002; Ruling Judge: Lamar Pickard; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Gloria Mercer v. Progressive Gulf Insurance Company; Tippah Circuit Court; LC Case #: T-03-001; Ruling Date: 06/13/2003; Ruling Judge: Andrew Howorth; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Wallace M. Graves Family Trust No.1 v. Mississippi Transportation Commission; DeSoto Special Court of Eminent Domain; LC Case #: CO-2000-0149; Ruling Date: 04/22/2002; Ruling Judge: Mills Barbee; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ., Concur. Diaz and Carlson, JJ., not participating.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rule 5 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 the Court and shall forward a true 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). Diaz and Graves, JJ., not participating. Order entered.

Clyde Wendell Smith v. State of Mississippi; Leflore Circuit Court; LC Case #: 22161; Ruling Date: 07/01/1993; Ruling Judge: Gray Evans; Disposition: Motion for rehearing filed pro se by Clyde Wendell Smith is denied. Diaz, J., not participating.

Randal R. Palmer and Lynn I. Palmer Individually and on behalf of Anne Palmer, a Minor v. Volkswagen of America, Inc., Van-Trow Volkswagen, Inc., Volkswagen A.G. a/k/a Volkswagenwerk Aktiengesellschaft and Volkswagen de Mexico, S. A. de C. V. a/k/a Volkswagen of Mexico; Hinds Circuit Court 1st District; LC Case #: 251-98-1112CIV; Ruling Date: 03/28/2001; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Volkswagen of America, Inc., et al., is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Deny: Graves, J. Not Participating: Diaz, J. Order entered.

Pamela Hobson, Individually and as Administratrix of the Estate of Charles Hobson, Deceased v. Waggoner Engineering, Inc. and National Seal Company; Scott Circuit Court; LC Case #: 96-0063; Ruling Date: 04/16/2001; Ruling Judge: V. Cotten; Disposition: Petition for writ of certiorari to the Court of Appeals filed by counsel for Pamela Hobson 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.

Edwin Eugene Pipkins v. State of Mississippi; George Circuit Court; LC Case #: 2000-10,080(2); Ruling Date: 07/27/2001; Ruling Judge: Kathy Jackson; Disposition: Petition for writ of certiorari filed by counsel for Edwin Eugene Pipkins 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.

Evan Johnson & Sons Construction, Inc. v. The State of Mississippi and Tompkins, Barron & Fields Architects, A Partnership; Hinds Circuit Court 1st District; LC Case #: 251-97-1410; Ruling Date: 08/27/2001; Ruling Judge: W. Yerger; Disposition: Appellant's Motion for Rehearing is denied. Cobb, P.J., would grant. Diaz, J., not participating.

Matthew M. Walker v. Delta Steel Buildings and Builders and Contractors Association of Mississippi; Leflore Circuit Court; LC Case #: 99-0125CICI(H); Ruling Date: 01/16/2002; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by Matthew M. Walker is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.

Joseph Griffith v. Sue Ann Pell, Next Friend and Parent of S. A. P., Minor; Warren Chancery Court; LC Case #: 00-072GN; Ruling Date: 02/12/2002; Ruling Judge: Jane Weathersby; Consolidated with 2003-CA-00202-SCT Robert "Sonny" Pell v. Sue Ann Pell; Warren Chancery Court; LC Case #: 98-284-GN; Ruling Date: 11/22/2002; Ruling Judge: Jane Weathersby; Majority Opinion: Waller, P.J. Disposition: No. 2002-CT-00532-SCT: Affirmed. No. 2003-CA-00202-SCT: Affirmed in Part and Reversed and Remanded in Part. 2002-CT-00532 - Appellant taxed with costs of appeal; 2003-CA-00202 - Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Sutherlands Lumber & Home Center, Inc. v. Felicia Whittington; Hinds Circuit Court 1st District; LC Case #: 251-98-779CIV; Ruling Date: 03/05/2002; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by counsel for Felicia Whittington 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.

Ronnie Shane Palmer v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,504(3); Ruling Date: 02/01/2002; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by counsel for Ronnie Shane Palmer 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.

Carlos Twillie v. State of Mississippi; Jasper Circuit Court 1st District; LC Case #: 9121-909; Ruling Date: 04/17/2002; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by Carlos Twillie is granted: To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Carlos Twillie v. State of Mississippi; Jasper Circuit Court 1st District; LC Case #: 9121-909; Ruling Date: 04/17/2002; Ruling Judge: Robert Evans; Disposition: Petition for writ of certiorari filed by the State of Mississippi is denied. To Deny: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Cobb, P.J., and Easley, J. Not Participating: Diaz, J. Order entered.

Joseph Jackson, Jr. a/k/a Joseph Leon Jackson, Jr. a/k/a Joe Jackson, Jr. v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2001-0074CR; Ruling Date: 10/18/0201; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Joseph Jackson, Jr., is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Cobb, P.J. Not Participating: Diaz, J. Order entered.

The Public Employees' Retirement System v. Willie Smith; Hinds Circuit Court 1st District; LC Case #: 251-99-1295 CIV; Ruling Date: 05/09/2002; Ruling Judge: Tomie Green; Disposition: Petition for writ of certiorari filed by Willie Smith is denied. To Deny: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ. To Grant: Waller, P.J., Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Harold D. McKee v. State of Mississippi; Leake Circuit Court; LC Case #: 02-CR-008-LE-G; Ruling Date: 05/09/2002; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari to the Honorable Court of Appeals of the State of Mississippi filed by counsel for Harold D. McKee 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.

Broderick Barshawn Powell and Markieves Raymond McAffee a/k/a Markives Raymond McAfee v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 551-01; Ruling Date: 05/30/2002; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari to the Court of Appeals filed by Broderick Barshawn Powell and Markives Raymond McAfee 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.

Edwin Welsh v. William M. Mounger, II, E. B. Martin, Jr., MSM, Inc. and Mercury Wireless Management, Inc.; Hinds Chancery Court 1st District; LC Case #: G2000-1611 O/3; Ruling Date: 06/27/2002; Ruling Judge: Denise Owens; Disposition: Appellant Edwin Welsh's Motion for Rehearing and Motion for Recusal of Justices Smith and Dickinson is denied to the extent that it seeks recusal of Chief Justice James W. Smith, Jr. Order entered.

Jackie Owens, Individually and on Behalf of All Other Death Beneficiaries of Terry Owens v. Paul Mai d/b/a Crystal Springs Mobile Home Parks; Copiah Circuit Court; LC Case #: 2001-0637; Ruling Date: 06/14/2002; Ruling Judge: Lamar Pickard; Disposition: Petition for writ of certiorari filed by counsel for Paul Mai is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Deny: Easley, J. Not Participating: Diaz, J. Order entered.

Pearl River Valley Water Supply District and Harold Gray v. Bobby Bridges; Leake Circuit Court; LC Case #: 98-CV-121-LB; Ruling Date: 06/14/2002; Ruling Judge: Marcus Gordon; Disposition: Petition for writ of certiorari filed by Bobby Bridges 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.

Mississippi Manufactured Housing Association v. Board of Supervisors of Tate County, Mississippi; Tate Circuit Court; LC Case #: CV-2001-241 B/T; Ruling Date: 08/23/2002; Ruling Judge: Andrew Baker; Disposition: Petition for writ of certiorari filed by Mississippi Manufactured Housing Association is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ. To Grant: Easley, J. Not Participating: Diaz and Randolph, JJ. Order entered.

Leo Luther Davis v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B-2402-2001-368; Ruling Date: 08/15/2002; Ruling Judge: Robert Walker; Disposition: Petition for writ of certiorari filed by Leo Luther Davis 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.

Clouis W. Witt a/k/a Clovis Witt v. State of Mississippi; Montgomery Circuit Court; LC Case #: 2001-0066-CV-M; Ruling Date: 05/18/2001; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed pro se by Clouis W. Witt is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Cobb, P.J. Not Participating: Diaz, J. Order entered.

William F. Muirhead and Ruby Faye Muirhead v. Tracy Vaughn, Brad Vaughn and Bowman Timber Co., Inc.; Choctaw Chancery Court; LC Case #: 2001-44; Ruling Date: 09/24/2002; Ruling Judge: John Love, Jr.; Disposition: Petitions for writ of certiorari filed by counsel for Tracy and Brad Vaughn and for Bowman Timber Company are denied. To Deny: Smith C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz and Easley, JJ. Order entered.

Johnnie E. Pack, a Minor, and Vincent Pack v. Nationwide Mutual Fire Insurance Company and Karen Pack AND Karen Pack, Johnnie E. Pack, a Minor, and Vincent Pack v. Nationwide Mutual Fire Insurance Company; Rankin Circuit Court; LC Case #: 2002-147; Ruling Date: 01/22/2003; Ruling Judge: William Chapman, III; Disposition: Petition for writ of certiorari filed by counsel for Johnnie E. Pack, a minor, and Vincent Pack 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.

Janssen Pharmaceutica Inc., Johnson & Johnson, et al. v. Joe Keys, et al.; Smith Circuit Court; LC Case #: 2002-120; Ruling Date: 01/28/2003; Ruling Judge: Robert Evans; Majority Opinion: Graves, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Waller, P.J., Diaz and Randolph, JJ., not participating.

Scruggs, Millette, Bozeman & Dent, P.A .v. Merkel & Cocke, P.A., Charles M. Merkel, Jr., Individually and as Shareholder in Merkel & Cocke, P.A.; Cynthia I. Mitchell, Individually and as Shareholder in Merkel & Cocke, P.A.; Alwyn H. Luckey; William Roberts Wilson, Jr.; William Roberts Wilson, Jr., P.A.; and Asbestos Group, P.A . AND Asbestos Group, P.A. v. Alwyn H. Luckey; Jackson Chancery Court; LC Case #: 97-2573-WM; Ruling Date: 03/21/2003; Ruling Judge: James Thomas, Jr.; Disposition: Justice Michael K. Randolph in the exercise of his judicial discretion recuses himself from participation in this appeal. Order entered.

The Mississippi Bar v. Maurice Joseph Barry, Jr.; Majority Opinion: Waller, P.J. Disposition: Maurice Joseph Barry, Jr., is suspended from the practice of law in the State of Mississippi for a period of nine months. The nine month suspension shall begin on the date of entry of this order. Subsequent to the time of eligibility for reinstatement, Maurice Joseph Barry, Jr., shall take the Multi-State Professional Responsibility Exam as prepared by the National Conference of Bar Examiners and achieve a scaled score of not less than 80, and shall be reinstated to the privilege of practicing law only upon petition to the Court pursuant to Rule 12 of the Mississippi Rules of Discipline. The Clerk of this Court shall send, via certified mail, copies of this Order to Maurice Joseph Barry, Jr., and to The Mississippi Bar. Maurice Joseph Barry, Jr., taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson, Graves and Dickinson, JJ., Concur. Randolph, J., Concurs in Part and Dissents in Part with Separate Written Opinion joined by Cobb, P.J. Diaz, J., not participating. Concurring in Part and Dissenting in Part Opinion: Randolph, J. Votes: Cobb, P.J., Joins This Opinion.

Washington Mutual Bank, F. A. v. Jason Harlon Dykes and Jennifer Lane Dykes; Jones Chancery Court 2nd District; LC Case #: 2002-1174; Ruling Date: 02/18/2004; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Petition for Interlocutory Appeal filed by counsel for Washington Mutual Bank is granted. The denial of Washington Mutual Bank's motion to transfer to circuit court is reversed and remanded to the chancery court with instructions that an order be entered transferring this matter to circuit court. All costs of this appeal are assessed to the petitioner. Easley, J., would deny. Not Participating: Diaz, Dickinson and Randolph, JJ. Carlson, J., for the Court. Order entered.

Washington Mutual Bank, F. A. v. Jason Harlon Dykes and Jennifer Lane Dykes; Jones Chancery Court 2nd District; LC Case #: 2002-1174; Ruling Date: 02/18/2004; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Petition for Interlocutory Appeal filed by counsel for Washington Mutual Bank is granted. The denial of Washington Mutual Bank's motion to transfer to circuit court is reversed and remanded to the chancery court with instructions that an order be entered transferring this matter to circuit court. All costs of this appeal are assessed to the petitioner. Easley, J., would deny. Not Participating: Diaz, Dickinson and Randolph, JJ. Carlson, J., for the Court. Order entered.

In the Matter of the Petition for Reinstatement of B. Calvin Cosnahan to The Mississippi Bar; Majority Opinion: Smith, C.J. Disposition: B. Calvin Cosnahan's petition for reinstatement is granted and his license to practice law is reinstated subject to Cosnahan taking and achieving a passing grade on The Mississippi Bar Examination, including the Multistate Professional Responsibility Examination and certifying to this Court that he has done so. Upon certification by the Mississippi Board of Bar Examiners that Cosnahan has fulfilled this condition and filing of written certification to that effect, Cosnahan's license to practice shall immediately thereupon stand reinstated. B. Calvin Cosnahan taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

The Mississippi Bar v. Douglas R. Daniels; Majority Opinion: Smith, C.J. Disposition: Douglas R. Daniels is suspended from the practice of law in the State of Mississippi for a period of two years.The two year suspension shall begin on the date of entry of this order. Subsequent to the time of eligibility for reinstatement, Douglas R. Daniels shall (1) take the Multi-State Professional Responsibility Examination as prepared by the National Conference of Bar Examiners and achieve a scaled score of not less than 80, and shall be reinstated to the privilege of practicing law only upon petition to this Court; (2) show that he remained in psychiatric treatment until medically discharged; and (3) pay all applicable fees and penalties as set out in Miss. Code Ann. Section 73-3-127. The Clerk of this Court shall send, via certified mail, copies of this Order to Douglas R. Daniels and to The Mississippi Bar. Douglas R. Daniels taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.