08/09/2007 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99027-SCT

In Re: Mississippi Rules of Appellate Procedure; Disposition: Petition to Amend Rule 6 of the Mississippi Rules of Appellate Procedure filed by the Mississippi Office of Indigent Appeals is granted in part. The Clerk of this Court shall spread this order upon the minutes of the Court and a true certified copy shall be forwarded forthwith to West Publishing Company for publication in Southern Reporter Second (Mississippi Edition) and the Mississippi Rules of Court. To Grant in Part: All Justices. Order entered.

General American Life Insurance Company v. Stephen McCraw; Jasper Circuit Court 1st District; LC Case #: 10-0115; Ruling Date: 10/12/2004; Ruling Judge: Robert Evans; Disposition: The Parties' Joint Motion for Dismissal of Appeal is granted, and this Court's prior opinion in this case is withdrawn. The Motion to Stay filed by General American Life Insurance Company is dismissed as moot. The Motion for Rehearing filed by Stephen McCraw is dismissed as moot. This appeal and cross-appeal are dismissed with the parties to bear their own costs, and this case is remanded to the trial court with instructions to vacate its judgment and dismiss this case. Diaz, P.J., for the Court. Order entered.

General American Life Insurance Company v. Stephen McCraw; Jasper Circuit Court 1st District; LC Case #: 10-0115; Ruling Date: 10/12/2004; Ruling Judge: Robert Evans; Disposition: The Parties' Joint Motion for Dismissal of Appeal is granted, and this Court's prior opinion in this case is withdrawn. The Motion to Stay filed by General American Life Insurance Company is dismissed as moot. The Motion for Rehearing filed by Stephen McCraw is dismissed as moot. This appeal and cross-appeal are dismissed with the parties to bear their own costs, and this case is remanded to the trial court with instructions to vacate its judgment and dismiss this case. Diaz, P.J., for the Court. Order entered.

John Edward Jackson, Jr. v. State of Mississippi; Lincoln Circuit Court; LC Case #: 03-188MS; Ruling Date: 02/12/2004; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by counsel for John Edward Jackson is denied. To Deny: All Justices. Order entered.

Art Scafide, Individually, and as Administrator of the Estate of Marlene E. Goss, Deceased v. Victor T. Bazzone, M.D., and John W. Godsey, M.D.; Jackson Circuit Court; LC Case #: CI-98-0078(1); Ruling Date: 03/24/2004; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by Art Scafide is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

Mark Dwayne Sumrell v. State of Mississippi; Washington Circuit Court; LC Case #: 2004-043; Ruling Date: 04/26/2005; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by counsel for Mark Dwayne Sumrell is granted. To Grant: Waller and Diaz, P.JJ., Graves and Randolph, JJ. To Deny: Smith, C.J., Easley, Carlson, Dickinson and Lamar, JJ. Order entered.

Industrial and Mechanical Contractors of Memphis, Inc. v. Tim Mote Plumbing, LLC; DeSoto Chancery Court; LC Case #: 04-01-0120(ML); Ruling Date: 04/05/2005; Ruling Judge: Mitchell Lundy, Jr.; Disposition: Petition for writ of certiorari filed by Industrial and Mechanical Contractors of Memphis, Inc., 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.

Roosevelt Jiles v. State of Mississippi; Leflore Circuit Court; LC Case #: 2004-0137CICR; Ruling Date: 04/11/2005; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by counsel for Roosevelt Jiles is denied. To Deny: All Justices. Order entered.

The Jackson Clinic for Women, P. A., Mercer Lee, III, M.D., Darden H. North, M.D. and Paracelsus Woman's Hospital, Inc. v. Linda P. Henley, Executrix of the Estate of Grace Polles Moore, Deceased, and Robert Alan Moore, Individually and as Personal Representatives and Wrongful Death Beneficiaries of Robert Alan Moore, Jr., Deceased; Hinds Circuit Court 1st District; LC Case #: 251-95-704CIV; Ruling Date: 09/06/2005; Ruling Judge: Tomie Green; Consolidated with 1999-IA-01286-SCT Jackson Medical Clinic for Women, P. A., Mercer Lee, III, M.D., Darden H. North, M.D. and Paracelsus Woman's Hospital, Inc. v. Grace Polles Moore and Robert Alan Moore, Individually and as Personal Representatives and Wrongful Death Beneficiaries of Robert Alan Moore, Jr., Deceased; Hinds Circuit Court 1st District; LC Case #: 95704CIV; Ruling Date: 07/19/1999; Ruling Judge: Tomie Green; Majority Opinion: Carlson, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., Concurs in Result Only With Separate Written Opinion. Graves, J., Dissents Without Separate Written Opinion. Concur in result only Opinion: Diaz, P.J.

Frederick Gordon, et al. v. Honeywell International, Inc., et al.; Noxubee Circuit Court; LC Case #: 2002-305; Ruling Date: 09/30/2005; Ruling Judge: James Kitchens, Jr.; Consolidated with 2005-CA-02065-SCT Curtis Bush, et al. v. Honeywell International, Inc., et al.; Noxubee Circuit Court; LC Case #: 2002-451; Ruling Date: 09/30/2005; Ruling Judge: James Kitchens, Jr.; Consolidated with 2005-CA-02066-SCT Johnnie Spann, et al. v. Honeywell International, Inc., et al.; Noxubee Circuit Court; LC Case #: 2002-452; Ruling Date: 09/30/2005; Ruling Judge: James Kitchens, Jr.; Consolidated with 2005-CA-02067-SCT Willie Spann, et al. v. Honeywell International, Inc., et al.; Noxubee Circuit Court; LC Case #: 2002-453; Ruling Date: 09/30/2005; Ruling Judge: James Kitchens, Jr.; Consolidated with 2005-CA-02068-SCT Jimmy King, et al. v. Honeywell International, Inc., et al.; Noxubee Circuit Court; LC Case #: 2002-454; Ruling Date: 09/30/2005; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Lamar, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Dickinson, JJ., Concur. Diaz, P.J., Concurs in Result Only. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Randolph, J., not participating.

Larry Westbrook v. State of Mississippi; Monroe Circuit Court; LC Case #: CV06-003(A)M; Ruling Date: 08/08/2006; Ruling Judge: Sharion Aycock; Disposition: Petition for writ of certiorari filed pro se by Larry Westbrook is dismissed pursuant to M.R.A.P. 17(b). Order entered.