07/31/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2007-CA-00232-SCT

Patricia Jones Spann, Individually and on behalf of all Wrongful Death Beneficiaries of Timothy Spann, Deceased v. Gerald J. Diaz, Jr., P.A., Formerly d/b/a Cherry, Givens, Peters, Lockett & Diaz and/or Diaz, Lewis & Giddens, PLLC; Hinds Circuit Court 1st District; LC Case #: 251-05-475-CIV; Ruling Date: 11/15/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Graves, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., not participating.

Sharon Parker and Aline Whisenant v. Harrison County Board of Supervisors and Wilfred E. Ross; Harrison Circuit Court 2nd District; LC Case #: A2402-2004-00034; Ruling Date: 02/26/2007; Ruling Judge: Lisa Dodson; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Dickinson, Randolph and Lamar, JJ., Concur. Graves, J. Dissents Without Separate Written Opinion. Diaz, P.J., Dissents With Separate Written Opinion Joined In Part by Graves, J. Easley, J., not participating. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion in Part.

Betty Reed v. Charles Ray Florimonte; Forrest Chancery Court; LC Case #: 06-0444-GN-F; Ruling Date: 06/11/2007; Ruling Judge: Eugene Fair, Jr.; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Kristy (Strait) Lorenz v. Travis Strait; Lowndes Chancery Court; LC Case #: 2005-0641-L; Ruling Date: 02/22/2007; Ruling Judge: Kenneth Burns; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Lamar, J., Concurs in Part and in Result.

Albert Edmond v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2001-0309-CI; Ruling Date: 05/04/2007; Ruling Judge: Richard Smith; Majority Opinion: Easley, J. Disposition: Affirmed. Sunflower County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

In Re: A.M.A., a Minor; Forrest Youth Court; LC Case #: 18-YC-04-P-0305-058; Ruling Date: 01/20/2005; Ruling Judge: Michael McPhail; Consolidated with 2005-CT-01846-SCT In Re: T.A., a Minor; Forrest Youth Court; LC Case #: 18-YC-04-P-0305-059; Ruling Date: 01/20/2005; Ruling Judge: Michael McPhail; Disposition: Petition for writ of certiorari filed by P.C. is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Lamar, JJ. To Grant: Randolph, J. Order entered.

In Re: T.A., a Minor; Forrest Youth Court; LC Case #: 18-YC-04-P-0305-059; Ruling Date: 01/20/2005; Ruling Judge: Michael McPhail; Consolidated with 2005-CT-01845-SCT In Re: A.M.A., a Minor; Forrest Youth Court; LC Case #: 18-YC-04-P-0305-058; Ruling Date: 01/20/2005; Ruling Judge: Michael McPhail; Disposition: Petition for writ of certiorari filed by P.C. is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Lamar, JJ. To Grant: Randolph, J. Order entered.

Anthony Tolliver, on Behalf of the Wrongful Death Beneficiaries of Shirley Ann Tolliver Green v. John Mladineo, M.D. and John Christopher Hancock, M.D.; Hinds Circuit Court 1st District; LC Case #: 251-02-1657CIV; Ruling Date: 04/21/2005; Ruling Judge: W. Yerger; Disposition: This Court granted the petition for writ of certiorari filed by appellant on April 17, 2008. After due consideration, the Court finds that the petition was improvidently granted and should be dismissed. On the Court's own motion, the petition for writ of certiorari filed by the appellant is dismissed. To Dismiss: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson, Randolph and Lamar, JJ. Not to Dismiss: Easley and Graves, JJ. Lamar, J., for the Court. Order entered.

Harriet Cantrell v. James Green, M.D. and Meridian Orthopaedic Clinic; Lauderdale Circuit Court; LC Case #: 02-CV-075B; Ruling Date: 12/06/2005; Ruling Judge: Robert Bailey; Disposition: This Court granted the petition for writ of certiorari filed by counsel for James R. Green, Jr., M.D., and Meridian Orthopaedic Clinic on May 22, 2008. After due consideration, the Court finds that the petition was improvidently granted and should be dismissed. On the Court's own motion, the petition for writ of certiorari filed by counsel for James R. Green, Jr., M.D., and Meridian Orthopaedic Clinic is hereby dismissed as improvidently granted. Disagrees: Smith, C.J. Easley, J., for the Court. Order entered.

Hinds County School District Board of Trustees v. R.B., a Minor by and through His Next Friend, D.L.B.; Hinds Chancery Court 1st District; LC Case #: G2004-563-W/4; Ruling Date: 01/30/2006; Ruling Judge: Patricia Wise; Disposition: Petition for writ of certiorari filed by the Hinds County School District Board of Trustees is granted. To Grant: Smith, C.J., Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Diaz, P.J., Easley, Graves, JJ. Order entered.

Harvey Daniel Hasty, Mack Arthur Hasty, Louis Gene Hasty, Hugh Allen Hasty, Roger Wayne Hasty, Plezy Leon Hasty, Beverly Lorraine Hasty, and Timothy Wayne Hasty, Individually and as the Wrongful Death Beneficiaries of Arthur I. Hasty v. Yoshinobu Namihira, M.D., and The Better Living Clinic-Endoscopy Center, P.A.; Warren Circuit Court; LC Case #: 01,0044-CI; Ruling Date: 08/31/2004; Ruling Judge: Frank Vollor; Disposition: Petition for writ of certiorari filed by counsel for Harvey Daniel Hasty, et al., is denied. To Deny: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Diaz, P.J., and Easley, J. Order entered.

Andrea Pittman v. State of Mississippi; Madison Circuit Court; LC Case #: 2005-0598; Ruling Date: 04/13/2006; Ruling Judge: Samac Richardson; Disposition: This Court granted the petition for writ of certiorari filed by counsel for Andrea Pittman on May 29, 2008. After due consideration, the Court finds that the petition was improvidently granted and should be dismissed. On the Court's own motion, the petition for writ of certiorari filed by counsel for Andrea Pittman is dismissed as improvidently granted. Dickinson, J., for the Court. Order entered.

James Herman Avara v. State of Mississippi; Pike Circuit Court; LC Case #: 99-169-KB; Ruling Date: 04/18/2006; Ruling Judge: Mike Smith; Disposition: This Court granted the petition for writ of certiorari filed by appellant on May 22, 2008. After due consideration, the Court finds that the petition was improvidently granted and should be dismissed. On the Court's own motion, the petition for writ of certiorari filed by the appellant is dismissed. Randolph, J., for the Court. Order entered.

Geraldine Crews v. Lisa Mahaffey; Hinds Circuit Court 1st District; LC Case #: 251-00-1097-CIV; Ruling Date: 04/18/2006; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Geraldine Crews is denied. The motion to strike the response filed by Crews is dismissed as moot. To Deny: Smith, C.J., Diaz, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Not Participating: Waller, P.J. Order entered.

Geraldine Crews v. Lisa Mahaffey; Hinds Circuit Court 1st District; LC Case #: 251-00-1097-CIV; Ruling Date: 04/18/2006; Ruling Judge: Winston Kidd; Disposition: Petition for writ of certiorari filed by Geraldine Crews is denied. The motion to strike the response filed by Crews is dismissed as moot. To Deny: Smith, C.J., Diaz, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Not Participating: Waller, P.J. Order entered.

Trinity Mission Health & Rehabilitation of Clinton and LPNH Holdings Limited, LLC v. The Estate of Mary Scott, by and through Elzenia Johnson, Individually and as the Personal Representative of the Estate of Mary Scott, and on Behalf of and for the Use and Benefit of the Wrongful Death Beneficiaries of Mary Scott; Hinds Circuit Court 1st District; LC Case #: 251-04-858CIV; Ruling Date: 05/17/2006; Ruling Judge: Winston Kidd; Disposition: Joint Motion to Dismiss Appeal filed by the parties herein is granted. This appeal is finally dismissed with prejudice and with each party to bear its own costs. Diaz, P.J., for the Court. Order entered.

Angelia K. Mieger, Donald Mieger, and Angelia Mieger as Next Friend of Her Children, Arielle Mieger and Andrew Mieger v. Pearl River County, Mississippi; Pearl River Circuit Court; LC Case #: 2005-0363; Ruling Date: 07/17/2006; Ruling Judge: R. Prichard, III; Disposition: Petition for writ of certiorari filed by Pearl River County is denied. To Deny: Diaz, P.J., Easley, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Smith, C.J., Waller, P.J., and Carlson, J. Order entered.

Nathan Jordan and Sandra Peters v. Roscoe E. Fountain, Jr.; Forrest Chancery Court; LC Case #: 04-0561-GN-T; Ruling Date: 10/09/2006; Ruling Judge: James Thomas, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Roscoe E. Fountain, Jr., is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson and Graves, JJ. To Grant: Diaz, P.J., Dickinson and Randolph, JJ. Not Participating: Lamar, J. Order entered.

Mississippi State University and The Iams Company v. People for the Ethical Treatment of Animals, Inc.; Oktibbeha Chancery Court; LC Case #: 06-0022; Ruling Date: 11/28/2006; Ruling Judge: Dorothy Colom; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Lamar, JJ., Concur. Diaz, P.J., Dissents with Separate Written Opinion. Easley and Graves, JJ., not participating. Dissenting Opinion: Diaz, P.J.

Jeffery A. Stallworth v. Mississippi Department of Public Safety; Hinds Circuit Court 1st District; LC Case #: 251-05-978 CIV; Ruling Date: 11/17/2006; Ruling Judge: Bobby DeLaughter; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., and Carlson, J., would grant. Graves, J., not participating.

Ardes Lee Johnson v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2004-049-CR2; Ruling Date: 01/08/2007; Ruling Judge: Albert Smith, III; Majority Opinion: Randolph, J. Disposition: Reversed and Rendered and Appellant Discharged. Bolivar County taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Carlson, Graves, Dickinson and Lamar, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Smith, C.J., not participating.

Lewis Jenkins v. State of Mississippi; Jones Circuit Court 1st District; LC Case #: 2006-38-CV10; Ruling Date: 11/01/2006; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed pro se by Lewis Jenkins is denied. To Deny: All Justices. Order entered.

In Re: Petition for Reinstatement to the Practice of Law of Azki Shah; LC Case #: 2004-BD-1245; Ruling Date: 06/23/2005; Disposition: Motion for rehearing filed by appellant is denied. Easley, J., would grant. Graves, J., not participating.

Mississippi Commission on Judicial Performance v. William Agin; LC Case #: 2006-248; Ruling Date: 10/18/2007; Ruling Judge: Patricia Wise; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance is granted. Judge William Agin, County Court Judge for Madison County, shall be publicly reprimanded in open court when the venire panel meets by the Presiding Judge of the Madison County Circuit Court on the first day of the next term of that court after this decision becomes final and is assessed costs in the amount of $100.00. See Opinion of this Court handed down this date. Smith, C.J., Diaz, P.J., and Easley, J., not participating.

Mississippi Commission on Judicial Performance v. William Agin; LC Case #: 2006-248; Ruling Date: 10/18/2007; Ruling Judge: Patricia Wise; Majority Opinion: Dickinson, J. Disposition: Judge William Agin, County Court Judge for Madison County, shall be publicly reprimanded in open court when the venire panel meets by the Presiding Judge of the Madison County Circuit Court on the first day of the next term of that court after this decision becomes final and is assessed costs in the amount of $100.00. Judge William Agin taxed with costs of appeal. Votes: Waller, P.J., Carlson, Graves, Randolph and Lamar, JJ., Concur. Smith, C.J., Diaz, P.J., and Easley, J., not participating.

The Mississippi Bar v. Sidney A. Backstrom; Disposition: Motion to Disbar or Grant Other Relief filed by the Bar is granted. Sidney A. Backstrom is hereby permanently disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of permanent disbarment in this cause. The Clerk of this Court shall forward an attested copy of this order to Sidney A. Backstrom and the Executive Director of The Mississippi Bar. Sidney A. Backstrom shall, within thirty days following entry of this order, notify clients and affected courts of his disbarment and comply with all other requirements applicable to disbarred attorneys pursuant to MRD 11. Sidney A. Backstrom shall, within forty-five days following entry of this order, file an affidavit with this Court stating that all of his clients have been notified of his disbarment and his consequent inability to practice law in Mississippi and that he has complied fully with all the requirements set forth in MRD 11. The Clerk of this Court shall immediately forward an attested copy of this order to the circuit court judges and chancellors in and for Lafayette County, Mississippi, and the senior judge of each court shall enter this order upon the minutes of his or her respective court. The Clerk of this Court likewise shall immediately forward an attested copy of this order to the Clerks of the United States District Courts for the Northern and Southern Districts of Mississippi, the Clerk of the United States Court of Appeals for the Fifth Circuit, and the Clerk of the Supreme Court of the United States. The Bar shall recover from Sidney A. Backstrom all of its costs and expenses of this disciplinary action. Smith, C.J., for the Court. Order entered.

The Mississippi Bar v. Richard F. "Dickie" Scruggs; Disposition: Richard F. Scruggs' Motion to Dismiss Formal Complaint is hereby dismissed as moot. The Bar's Motion for Indefinite Suspension and Suspending and Staying Proceedings is dismissed as moot. The name of Richard F. Scruggs shall be stricken from the rolls of The Mississippi Bar. The Bar's Motion to Disbar or to Grant Other Relief is granted. Richard F. Scruggs is hereby permanently disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of permanent disbarment in this cause. The Clerk of this Court shall forward an attested copy of this order to Richard F. Scruggs and the Executive Director of The Mississippi Bar. Richard F. Scruggs shall, within thirty days following entry of this order, notify clients and affected courts of his disbarment and comply with all other requirements applicable to disbarred attorneys pursuant to MRD 11. Richard F. Scruggs shall, within forty-five days following entry of this order, file an affidavit with this Court stating that all of his clients have been notified of his disbarment and his consequent inability to practice law in Mississippi and that he has complied fully with all the requirements set forth in MRD 11. The Clerk of this Court shall immediately forward an attested copy of this order to the circuit court judges and chancellors in and for Lafayette County, Mississippi, and the senior judge of each court shall enter this order upon the minutes of his or her respective court. The Clerk of this Court likewise shall immediately forward an attested copy of this order to the Clerks of the United States District Courts for the Northern and Southern Districts of Mississippi, the Clerk of the United States Court of Appeals for the Fifth Circuit, and the Clerk of the Supreme Court of the United States. The Bar shall recover from Richard F. Scruggs all of its costs and expenses of this disciplinary action. Randolph, J., for the Court. Order entered.

The Mississippi Bar v. Richard F. "Dickie" Scruggs; Disposition: Richard F. Scruggs' Motion to Dismiss Formal Complaint is hereby dismissed as moot. The Bar's Motion for Indefinite Suspension and Suspending and Staying Proceedings is dismissed as moot. The name of Richard F. Scruggs shall be stricken from the rolls of The Mississippi Bar. The Bar's Motion to Disbar or to Grant Other Relief is granted. Richard F. Scruggs is hereby permanently disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of permanent disbarment in this cause. The Clerk of this Court shall forward an attested copy of this order to Richard F. Scruggs and the Executive Director of The Mississippi Bar. Richard F. Scruggs shall, within thirty days following entry of this order, notify clients and affected courts of his disbarment and comply with all other requirements applicable to disbarred attorneys pursuant to MRD 11. Richard F. Scruggs shall, within forty-five days following entry of this order, file an affidavit with this Court stating that all of his clients have been notified of his disbarment and his consequent inability to practice law in Mississippi and that he has complied fully with all the requirements set forth in MRD 11. The Clerk of this Court shall immediately forward an attested copy of this order to the circuit court judges and chancellors in and for Lafayette County, Mississippi, and the senior judge of each court shall enter this order upon the minutes of his or her respective court. The Clerk of this Court likewise shall immediately forward an attested copy of this order to the Clerks of the United States District Courts for the Northern and Southern Districts of Mississippi, the Clerk of the United States Court of Appeals for the Fifth Circuit, and the Clerk of the Supreme Court of the United States. The Bar shall recover from Richard F. Scruggs all of its costs and expenses of this disciplinary action. Randolph, J., for the Court. Order entered.

The Mississippi Bar v. David Zachary Scruggs; Disposition: David Zachary Scruggs' Motion to Dismiss Formal Complaint is dismissed as moot. The Bar's Motion for Indefinite Suspension, Striking from Rolls, Suspending and Staying Proceedings is dismissed as moot. The name of David Zachary Scruggs shall be stricken from the rolls of The Mississippi Bar. The Bar's Motion to Disbar or to Grant Other Relief is granted. David Zachary Scruggs is hereby permanently disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of permanent disbarment in this cause. The Clerk of this Court shall forward an attested copy of this order to David Zachary Scruggs and the Executive Director of The Mississippi Bar. David Zachary Scruggs shall, within thirty days following entry of this order, notify clients and affected courts of his disbarment and comply with all other requirements applicable to disbarred attorneys pursuant to MRD 11. David Zachary Scruggs shall, within forty-five days following entry of this order, file an affidavit with this Court stating that all of his clients have been notified of his disbarment and his consequent inability to practice law in Mississippi and that he has complied fully with all the requirements set forth in MRD 11. The Clerk of this Court shall immediately forward an attested copy of this order to the circuit court judges and chancellors in and for Lafayette County, Mississippi, and the senior judge of each court shall enter this order upon the minutes of his or her respective court. The Clerk of this Court likewise shall immediately forward an attested copy of this order to the Clerks of the United States District Courts for the Northern and Southern Districts of Mississippi, the Clerk of the United States Court of Appeals for the Fifth Circuit, and the Clerk of the Supreme Court of the United States. The Bar shall recover from David Zachary Scruggs all of its costs and expenses of this disciplinary action. Lamar, J., for the Court. Order entered.

The Mississippi Bar v. David Zachary Scruggs; Disposition: David Zachary Scruggs' Motion to Dismiss Formal Complaint is dismissed as moot. The Bar's Motion for Indefinite Suspension, Striking from Rolls, Suspending and Staying Proceedings is dismissed as moot. The name of David Zachary Scruggs shall be stricken from the rolls of The Mississippi Bar. The Bar's Motion to Disbar or to Grant Other Relief is granted. David Zachary Scruggs is hereby permanently disbarred from the practice of law in the State of Mississippi. This order shall constitute notice of permanent disbarment in this cause. The Clerk of this Court shall forward an attested copy of this order to David Zachary Scruggs and the Executive Director of The Mississippi Bar. David Zachary Scruggs shall, within thirty days following entry of this order, notify clients and affected courts of his disbarment and comply with all other requirements applicable to disbarred attorneys pursuant to MRD 11. David Zachary Scruggs shall, within forty-five days following entry of this order, file an affidavit with this Court stating that all of his clients have been notified of his disbarment and his consequent inability to practice law in Mississippi and that he has complied fully with all the requirements set forth in MRD 11. The Clerk of this Court shall immediately forward an attested copy of this order to the circuit court judges and chancellors in and for Lafayette County, Mississippi, and the senior judge of each court shall enter this order upon the minutes of his or her respective court. The Clerk of this Court likewise shall immediately forward an attested copy of this order to the Clerks of the United States District Courts for the Northern and Southern Districts of Mississippi, the Clerk of the United States Court of Appeals for the Fifth Circuit, and the Clerk of the Supreme Court of the United States. The Bar shall recover from David Zachary Scruggs all of its costs and expenses of this disciplinary action. Lamar, J., for the Court. Order entered.

Baker Donelson Bearman, Caldwell & Berkowitz, P.C. and William N. Reed v. Sam Seay; Hinds Circuit Court 1st District; LC Case #: 251-05-477; Ruling Date: 05/14/2008; Ruling Judge: Tomie Green; Disposition: Petition and Supporting Brief Requesting Permission to Appeal from Interlocutory Order filed by Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. is granted. The Limited Joinder in Petition for Interlocutory Appeal filed by William N. Reed is granted. Diaz, P.J., Easley and Graves, JJ., would deny. Order entered.