08/03/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2005-CA-00388-SCT

Illinois Central Railroad Company v. Phillip Acuff, Charles W. Brown, William Carlisle, James M. Carpenter, Lamar Clark, C. H. Cobb, Hubert Deer, William R. Johnston, Dan C. Jones, Clythus Mason, Charlie E. McNeil, Johnny W. Mitchell, York Sit, Charles R. Warren, Lester Ray Warren, and Willie Woodberry AND James Expose v. Illinois Central Railroad Company; Jefferson Circuit Court; LC Case #: 2001-65; Ruling Date: 12/06/2004; Ruling Judge: Lamar Pickard; Majority Opinion: Dickinson, J. Disposition: Affirmed on Direct Appeal and Cross-Appeal. Illinois Central Railroad Company taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson and Graves, JJ., Concur. Easley, J., Concurs in Part. Randolph, J., not participating.

Danny Edmonds v. Sharon Edmonds and Department of Human Services; Clay Chancery Court; LC Case #: 18,030B; Ruling Date: 04/19/2005; Ruling Judge: Kenneth Burns; Majority Opinion: Graves, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Result Only.

Salvador Arceo, M.D. and St. Dominic - Jackson Memorial Hospital v. Myrtis Tolliver, as Administratrix of the Estate of Tommie C. Tolliver, Deceased, Individually, and on Behalf of the Wrongful Death Beneficiaries of Tommie C. Tolliver, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-04-518 CIV; Ruling Date: 03/03/2005; Ruling Judge: Bobby DeLaughter; Majority Opinion: Carlson, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Dickinson and Randolph, JJ., Concur. Graves, J., Dissents with Separate Written Opinion Joined by Diaz and Easley, JJ. Dissenting Opinion: Graves, J. Votes: Diaz and Easley, JJ., Join This Opinion.

Willie James Gates v. State of Mississippi; Leake Circuit Court; LC Case #: 04-CR-079-LE-C; Ruling Date: 05/31/2005; Ruling Judge: V. Cotten; Majority Opinion: Easley, J. Disposition: Conviction of aggravated assault and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, payment of a fine of $5,000 and all costs, with conditions, Affirmed. Ten (10) years of said sentence is suspended leaving ten (10) years to serve and appellant is placed on probation for five (5) years. Leake County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Carlson, Dickinson and Randolph, JJ., Concur. Cobb, P.J., and Graves, J., Concur in Result Only.

Devin A. Bennett v. State of Mississippi; Rankin Circuit Court; LC Case #: 12699; Ruling Date: 02/28/2003; Ruling Judge: William Chapman, III; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Keith David Ward v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-01-01056; Ruling Date: 06/06/2003; Ruling Judge: Kosta Vlahos; Disposition: Petition for writ of certiorari filed by Keith David Ward is denied. To Deny: All Justices. Order entered.

Cash Distributing Company, Inc. v. James Neely; Lowndes Circuit Court; LC Case #: 2000-0153-CV1; Ruling Date: 05/27/2004; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for writ of certiorari filed by counsel for Cash Distributing Company, Inc., is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Diaz, Easley, Graves and Randolph, JJ. Order entered.

F. C. Chatman, Jr. a/k/a Frank C. Chatman, Jr. v. State of Mississippi; Lowndes Circuit Court; LC Case #: 2000-0004-CV1; Ruling Date: 09/01/2004; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed pro se by Frank C. Chatman, Jr., is denied. To Deny: All Justices. Order entered.

Donald Hales v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-96-KR2; Ruling Date: 09/24/2004; Ruling Judge: Billy Landrum; Disposition: Motion for rehearing filed pro se by appellant is denied. Graves, J., would grant. Diaz, J., not participating.

Donald Hales v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-96-KR2; Ruling Date: 09/24/2004; Ruling Judge: Billy Landrum; Disposition: Motion for rehearing filed by counsel for appellant is denied. Graves, J., would grant. Diaz, J., not participating.

Donald Hales v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2004-96-KR2; Ruling Date: 09/24/2004; Ruling Judge: Billy Landrum; Disposition: Appellant's Motion to Dismiss Counsel and Proceed Pro Se on Motion for Rehearing is denied. Order entered.

Pat Cuneo v. B & L Development Corporation and Grand Casinos, Inc.; Tunica Circuit Court; LC Case #: 01-360; Ruling Date: 10/25/2004; Ruling Judge: Kenneth Thomas; Disposition: Motion for rehearing filed by appellant is denied. Cobb, P.J., and Randolph, J., would grant.

Lavon Kay Pitalo v. GPCH-GP, Inc. d/b/a Garden Park Medical Center, and Dr. Ronald Graham; Harrison Circuit Court 2nd District; LC Case #: A2401-2003-316; Ruling Date: 10/25/2004; Ruling Judge: Stephen Simpson; Disposition: Motion for rehearing filed by appellant is denied. Diaz and Graves, JJ., would grant.

Henry J. Peters, Sr. v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2004-192-M; Ruling Date: 01/18/2005; Ruling Judge: Betty Sanders; Disposition: Petition for writ of certiorari filed pro se by Henry J. Peters, Sr., is denied. To Deny: All Justices. Order entered.

Isaac K. Byrd, Jr., Katrina M. Gibbs, and Byrd, Gibbs & Martin, PLLC f/k/a Byrd & Associates, PLLC v. Willie J. Bowie, Individually, and Charles Brown, Individually, Being the Sole Wrongful Death Beneficiaries of Lois Brown, Deceased; Rankin Circuit Court; LC Case #: 2004-84-R; Ruling Date: 01/27/2005; Ruling Judge: Samac Richardson; Disposition: Motion for rehearing filed by appellants is denied. Diaz, Easley and Graves, JJ., would grant.

Salvador Arceo, M.D. and St. Dominic - Jackson Memorial Hospital v. Myrtis Tolliver, as Administratrix of the Estate of Tommie C. Tolliver, Deceased, Individually, and on Behalf of the Wrongful Death Beneficiaries of Tommie C. Tolliver, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-04-518 CIV; Ruling Date: 03/03/2005; Ruling Judge: Bobby DeLaughter; Disposition: Motion to Withdraw as Counsel of Record for Appellee filed by David Neil McCarty is granted. Order entered.

Mary Jenkins, Administrator of the Estate of Mildred Woodson, Deceased; Personal Representative of the Wrongful Death Beneficiaries of Mildred Woodson, Deceased; and Individually as the Daughter and Heir at Law of Mildred Woodson, Deceased v. Pensacola Health Trust, Inc., a Mississippi Corporation, Owner, d/b/a Greenbough Nursing Center and Its Representatives, Agents and All Related to Such Defendants; Amanda Kirk, A Mississippi Resident, Administrator at Greenbough Nursing Center; (All Unspecified Defendants Being Fictitious Parties and Unknown Parties in Interest); Coahoma Circuit Court; LC Case #: 14-CI-02-0186; Ruling Date: 11/30/2005; Ruling Judge: Albert Smith, III; Disposition: Motion for rehearing filed by appellants is denied. Diaz, Graves and Randolph, JJ., would grant.

Children's Clinic, PLLC v. Shannah Kittrell and Randy S. Kittrell, Jr., Individually and as the Parents and Next Friend of Cameron Lee Kittrell; Hinds Circuit Court 1st District; LC Case #: 251-02-1384CIV; Ruling Date: 01/03/2006; Ruling Judge: Winston Kidd; Disposition: Children's Clinic, PLLC's Petition for Permission for Interlocutory Appeal is denied. The stay of trial court proceedings previously entered by a panel of this Court is hereby lifted and the trial court is permitted to proceed. Order entered.

Tommy J. Cobb, M.D. v. Bridget R. Bounds, Individually and Christopher A. Bounds, Individually and Bridget R. Bounds and Christopher A. Bounds for and on Behalf of Christopher Lane Bounds, Deceased; Neshoba Circuit Court; LC Case #: 05-CV-0006-NS-G; Ruling Date: 02/03/2006; Ruling Judge: Marcus Gordon; Disposition: Petition for Permission to Appeal from Interlocutory Order filed by counsel for Tommy J. Cobb, M.D., is denied. Carlson, J., would grant. Order entered.

RAS Family Partners, LP and Ray A. Sims v. Onnam Biloxi, LLC; Harrison Chancery Court 2nd District; LC Case #: 2402-06-61-(1); Ruling Date: 05/22/2006; Ruling Judge: Margaret Alfonso; Disposition: Petition for Interlocutory Appeal filed by RAS Family Partners, LP and Ray A. Sims is granted. The notice of appeal shall be deemed to have been filed. The appeal in this matter shall proceed pursuant to M.R.A.P. 10 and 11. All proceedings in cause number C2402-06-61(1) in the Chancery Court of Harrison County shall be stayed until a final decision is handed down by this Court. The filing fee is due and payable to the Clerk of this Court. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Diaz, Easley and Graves, JJ. Order entered.

Shannah Kittrell, Randy L. Kittrell, Jr. Randy S. Kittrell, Jr. and Cameron Lee Kittrell v. Children's Clinic, PLLC; Hinds Circuit Court 1st District; LC Case #: 251-02-1384CIV; Ruling Date: 06/08/2006; Ruling Judge: Winston Kidd; Disposition: Plaintiffs' Petition for Permission for Interlocutory Appeal and for Consolidation of Petitions filed by counsel for the Kittrells is denied. The motion to consolidate is dismissed as moot. Order entered.

Shannah Kittrell, Randy L. Kittrell, Jr. Randy S. Kittrell, Jr. and Cameron Lee Kittrell v. Children's Clinic, PLLC; Hinds Circuit Court 1st District; LC Case #: 251-02-1384CIV; Ruling Date: 06/08/2006; Ruling Judge: Winston Kidd; Disposition: Plaintiffs' Petition for Permission for Interlocutory Appeal and for Consolidation of Petitions filed by counsel for the Kittrells is denied. The motion to consolidate is dismissed as moot. Order entered.