Mississippi Supreme Court

Hand Down Lists
August 01, 2002

08/01/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Easley, Chuck
XXX 2000-CA-00692-SCT

Classic Coach, Inc. and Albert Rush, Sr. v. James Johnson, Individually, and on behalf of April Johnson and Jenna Johnson, Minors, Marlene Johnson, Julie Johnson and All Heirs-At-Law of Matthew Johnson, Deceased Tunica Circuit Court; LC Case # 94-0214; Ruling: 12/21/1999; John Hatcher; Consolidated With 2000- CA-00694-SCT Classic Coach, Inc. and Albert Rush, Sr. v. Rachel McBride, Next of Kin, Heir and Administratrix of the Estate of Larry McBride, Deceased, Individually and Wrongful Death Beneficiary of Larry McBride, Deceased; Tunica Circuit Court; LC Case # 94-0217; Ruling: 12/21/1999; John Hatcher; Majority Opinion: Easley, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Diaz and Graves, JJ., Concur. Smith, P.J., Dissents With Separate Written Opinion Joined by Waller and Cobb, JJ. Cobb, J., Dissents With Separate Written Opinion Joined by Smith, P.J.; Waller, J. Joins In Part. Carlson, J., not participating. Dissenting Opinion: Smith, P.J. Votes: Waller and Cobb, JJ., Join This Opinion. Dissenting Opinion: Cobb, J. Votes: Smith, P.J., Joins This Opinion. Waller, J., Joins This Opinion in Part.


EN BANC
X 1999-CT-02000-SCT

Mason, Annie v. Southern Mortgage Company Benton Chancery Court; LC Case # 99-0088; Ruling: 11/03/1999; Glenn Alderson; Majority Opinion: Carlson, J. Disposition: The judgment of the Court of Appeals is reversed, and the judgment of the Chancery Court of Benton County is affirmed in part and reversed in part. Appellant and appellee taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb and Diaz, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion.


EN BANC
2000-CT-00787-SCT

Southeastern Medical Supply, Inc. v. Boyles, Moak & Brickell Insurance, Inc. Hinds Circuit Court 1st District; LC Case # 251-97-1439; Ruling: 03/31/2000; W. Yerger; Disposition: Petition for writ of certiorari filed by Southeastern Medical Supply, Inc., is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Easley, Carlson and Graves, JJ. To Grant: McRae, P.J. Not Participating: Diaz, J. Order entered.


EN BANC
2000-CA-00823-SCT

Bresnahan, Gloria (Gigi) Wright v. Robert James Bresnahan Lauderdale Chancery Court; LC Case # 98-1187; Ruling: 01/27/2000; Edward Cortright, Jr.; Disposition: Motion for Clarification of Taxation of Costs filed by Gloria (Gigi) Wright Bresnahan is denied. Order entered.


EN BANC
2000-CA-00968-SCT

Boston, Louise, Administratrix of the Estate of Mae Evelyn Boston, Deceased v. Hartford Accident and Indemnity Company, Lafayette County, Mississippi, F. D. East, Vera Theobold, Bill Plunk, Ricky Miller, Lyndon Carpenter and John Thomas Hinds Circuit Court 1st District; LC Case # 251-95-403; Ruling: 05/31/2000; R. Coleman; Disposition: Motion for rehearing filed by appellant is denied. Easley, J., would grant. Cobb and Carlson, JJ., not participating.


EN BANC
2000-CT-01155-SCT

Madison, Lars v. DeSoto County, Mississippi DeSoto Chancery Court; LC Case # 99-6-726; Ruling: 06/19/2000; Percy Lynchard, Jr.; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Lars Madison is extended until August 8, 2002. A final decision on whether to grant or deny the petition shall be entered on or before August 8, 2002. Order entered.


EN BANC
XX 2000-CA-01545-SCT

Gamble, Heather, a Minor, by and through Her Mother and Adult Next Friend, Rebecca Gamble v. Dollar General Corporation, a Tennessee Corporation, and Sheri Thornton Lamar Circuit Court; LC Case # 99-0075; Ruling: 08/14/2000; Michael Eubanks; Majority Opinion: Diaz, J. Disposition: Affirmed on Direct Appeal and Cross-Appeal. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Easley and Graves, JJ., Concur. Carlson, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Smith, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Waller and Cobb, JJ. Concurring in Part and Dissenting in Part Opinion: Smith, P.J. Votes: Waller and Cobb, JJ., Join This Opinion.


EN BANC
2000-AN-01808-SCT

Horn Lake, Mississippi, In the Matter of the Enlargement and Extension of the Municipal Boundaries of the City of, Don Cox v. City of Horn Lake, Mississippi DeSoto Chancery Court; LC Case # 97-12-1605; Ruling: 10/17/2000; Ray Montgomery; Disposition: Motion for rehearing filed by appellant is denied.


EN BANC
2000-AN-01808-SCT

Horn Lake, Mississippi: In the Matter of the Enlargement and Extension of the Municipal Boundaries of the City of, Don Cox v. City of Horn Lake, Mississippi DeSoto Chancery Court; LC Case # 97-12-1605; Ruling: 10/17/2000; Ray Montgomery; Disposition: Appellee's motion to expedite is dismissed as moot. Order entered.


EN BANC
X 2000-IA-01842-SCT

State of Mississippi v. Elliot Culp Holmes Circuit Court; LC Case # 10,607; Ruling: 10/24/2000; Jannie Lewis; Majority Opinion: Smith, P.J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur.


EN BANC
2000-CC-02011-SCT

Public Employees' Retirement System v. Robert Ann Shurden Hinds Circuit Court 1st District; LC Case # 251-99-1180; Ruling: 11/09/2000; James Graves, Jr.; Disposition: Motion for rehearing filed by appellant is denied. Cobb, J., would grant. Graves, J., not participating.


EN BANC
2000-KA-02080-SCT

Gathings, Marvin Dewayne v. State of Mississippi Chickasaw Circuit Court 2nd District; LC Case # OK98-28B; Ruling: 07/29/1999; R. Coleman; Disposition: Motion for rehearing filed by appellant is denied. Diaz and Graves, JJ., would grant.


EN BANC
X 2000-KP-02086-SCT

Sayles, Oscar Jr. v. State of Mississippi Tunica Circuit Court; LC Case # 00-120; Ruling: 09/03/2000; Elzy Smith, Jr.; Majority Opinion: Waller, J. Disposition: Conviction of Possession of a Firearm by a Convicted Felon and Sentence of Three (3) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Tunica County taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion.


EN BANC
2000-CT-02087-SCT

Robinson, Oral v. State of Mississippi Monroe Circuit Court; LC Case # CV-99-232(G)M; Ruling: 08/16/2000; Thomas Gardner, III; 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 consideration of the petition for writ of certiorari filed by Oral Robinson is extended until August 29, 2002. A final decision on whether to grant or deny the petition shall be entered on or before August 29, 2002. Order entered.


EN BANC
2001-CA-00078-SCT

Lewallen, Dennis Jr. v. Earnest E. Slawson, Jr., and Capital Elevator Company, Inc. Hinds Circuit Court 1st District; LC Case # 251-00-121CI; Ruling: 11/14/2000; W. Yerger; Disposition: Motion for rehearing filed by Capital Elevator Company, Inc., appellee is denied.


EN BANC
XX 2001-BR-01894-SCT

Watkins, William F., In the Matter of the Petition for Reinstatement to the Practice of Law of Majority Opinion: Smith, P.J. Disposition: Petition for Reinstatement to the Practice of Law is denied. William F. Watkins taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb, Diaz, Carlson and Graves, JJ., Concur. Easley, J., Concurs in Result Only Without Separate Written Opinion. McRae, P.J., Dissents With Separate Written Opinion. Dissenting Opinion: McRae, P.J.


EN BANC
2002-JP-00655

Mississippi Commission on Judicial Performance v. H. Gerald Hosemann Disposition: On the Court's own motion, the Commission on Judicial Performance shall no later than 12:00, noon, July 26, 2002 respond to the Third Emergency Motion to Terminate Interim Suspension, responding particularly to the ambiguities and concerns expressed in this order, and shall file with the Court true certified copies of any orders entered by the Commission bearing on the issues before this Court. Order entered.


EN BANC
2002-JP-00655

Mississippi Commission on Judicial Performance v. H. Gerald Hosemann Disposition: On the Court's own motion, the Commission on Judicial Performance shall no later than 12:00, noon, July 26, 2002 respond to the Third Emergency Motion to Terminate Interim Suspension, responding particularly to the ambiguities and concerns expressed in this order, and shall file with the Court true certified copies of any orders entered by the Commission bearing on the issues before this Court. This corrected order is issued to accurately reflect the vote of the justices. McRae, P.J., and Easley, J., Dissent. Diaz and Graves, JJ., Not Participating. Corrected Order entered.


EN BANC
2002-JP-00655

Mississippi Commission on Judicial Performance v. H. Gerald Hosemann Disposition: This matter came before the Court en banc on Emergency Motion to Terminate Interim Suspension, Emergency Supplemental Motion to Terminate Interim Suspension, and Third Emergency Motion to Terminate Suspension filed by Judge H. Gerald Hosemann who was suspended from his duties as Judge of the County Court of Warren County, Mississippi pending proceedings in the Mississippi Commission on Judicial Performance. Although the Commission on its own initiative filed responses to the first two motions opposing the termination of the suspension, it had not until today responded to the third motion, nor had it formerly reported the status of proceedings before it to this Court. Upon order of the Court directing a response, the Commission has now responded saying that the Formal Complaint has been dismissed by the Commission, that there is no complaint pending against Judge Hosemann, and that there is in the Commission's view no longer a legal basis for the interim suspension. On the Court's own motion, on this day, July 26, 2002, Judge Hosemann's interim suspension is terminated. Diaz, Easley and Graves, JJ., not participating. Order entered.