08/11/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
  2004-IA-00744-SCT

Leelin Mallory and Vicki Mallory v. A. P. Soriano, M.D., and Neshoba County General Hospital; Neshoba Circuit Court; LC Case #: 00-CV-270-NS; Ruling Date: 03/02/2004; Ruling Judge: Marcus Gordon; Majority Opinion: Carlson, J. Disposition: Per Curiam Affirmance Appellants 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.

Richard J. Poole, on Behalf of Wrongful Death Beneficiaries of Linda Poole, Deceased v. William T. Avara, M.D. and South Mississippi Surgeons, P.A.; Jackson Circuit Court; LC Case #: 02-CV-100(B); Ruling Date: 01/16/2004; Ruling Judge: Dale Harkey; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

In the Matter of the Extension of the Boundaries of the City of Laurel, Mississippi: City of Laurel, Mississippi v. Sharon Waterworks Association, Shady Grove Water Works Association, Shady Grove Utility District, and Jones County Board of Supervisors; Jones Chancery Court 2nd District; LC Case #: 97,0498; Ruling Date: 05/30/2003; Ruling Judge: R. Reeves, Jr.; Majority Opinion: Easley, J. Disposition: Vacated and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ., Concur. Diaz and Randolph, JJ., not participating.

In the Matter of the Estate of Russell R. Necaise, Sr., Deceased: Raymond Necaise v. Cheryl Seay, Executrix; Harrison Chancery Court 1st District; LC Case #: 03-01185-2; Ruling Date: 06/08/2004; Ruling Judge: Carter Bise; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Graves, JJ., Concur. Diaz, Dickinson and Randolph, JJ., not participating.

In Re: The Rules of Civil Procedure; Disposition: On the Court's own motion, the Comment to Rule 6 of the Mississippi Rules of Civil Procedure is amended to read 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 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. Diaz and Randolph, JJ., not participating. Order entered.

In the Matter of the Extension of the Boundaries of the City of Pearl, Mississippi: Carol Poole, Robert Pitts, et al. v. City of Pearl, Mississippi; Rankin Chancery Court; LC Case #: 48,339; Ruling Date: 11/27/2002; Ruling Judge: James Roberts, Jr.; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson and Graves, JJ., Concur. Smith, C.J., Diaz and Randolph, JJ., not participating.

HWCC-Tunica, Inc. d/b/a Hollywood Casino v. Brenda Jenkins; Tunica Circuit Court; LC Case #: 99-0187-AS; Ruling Date: 09/26/2002; Ruling Judge: Albert Smith, III; Disposition: Motion for Rehearing filed by HWCC-Tunica, Inc., is denied. Carlson and Graves, JJ., would grant. Diaz and Randolph, JJ., not participating.

Chad B. Spencer v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 2003-0054-CR; Ruling Date: 04/30/2003; Ruling Judge: James Kitchens, Jr.; Disposition: Petition for Writ of Certiorari filed by counsel for Chad B. Spencer is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Graves, J. Not Participating: Diaz, J. Order entered.

Mark Balius v. Melanie Gaines; Harrison Chancery Court 2nd District; LC Case #: 2402-99-01310; Ruling Date: 06/02/2003; Ruling Judge: Sanford Steckler; Disposition: Petition for Writ of Certiorari filed by counsel for Mark Balius is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz and Randolph, JJ. Order entered.

Gerald M. Warren, Hancock Bank and Gannett River States Publishing Company, Inc. d/b/a The Hattiesburg American v. Nevon Johnston d/b/a Johnston Properties; Lamar Chancery Court; LC Case #: 2003-0061-GN-W; Ruling Date: 11/25/2003; Ruling Judge: Johnny Williams; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Carlson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Jack Hayes and George S. Whitten, Sr. v. Leflore County Board of Supervisors; Leflore Chancery Court; LC Case #: G 98-0152; Ruling Date: 06/16/2003; Ruling Judge: William Willard, Jr.; Disposition: Motion to Review the Denial of Reconsideration on a Motion to Disqualify filed by appellants is denied. Diaz, J., Not Participating. Order entered.

Gorman-Rupp Company v. Bobby G. Hall, et al.; Adams Circuit Court; LC Case #: 02-KV-0187-J; Ruling Date: 05/19/2004; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for Expedited Oral Argument and Consideration Pursuant to Amended M.R.A.P. Rule 5(e) filed by counsel for the appellant is denied as moot. Diaz and Randolph, JJ., not participating. Order entered.

Gorman-Rupp Company v. Bobby G. Hall, et al.; Adams Circuit Court; LC Case #: 02-KV-0187-J; Ruling Date: 05/19/2004; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Easley, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Ardes Johnson v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2004-049-CR2; Ruling Date: 05/25/2004; Ruling Judge: Albert Smith, III; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Bolivar County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, Graves and Randolph, JJ., not participating.

The Mississippi Bar v. Stephen B. Catron; Majority Opinion: Easley, J. Disposition: Based on Rules 13 and 18 of the Mississippi Rules of Discipline, Stephen B. Catron is suspended from the practice of law in the State of Mississippi. He shall be placed on disability inactive status and not permitted to practice law in the State of Mississippi until reinstatement of privileges by order of this Court from and after the date of the entry of this order. Stephen B. Catron shall seek reinstatement pursuant to Rules 12 and 25 of the Mississippi Rules of Discipline, should he seek to be reinstated to the practice of law in Mississippi. The Clerk of this Court shall send, via certified mail, copies of this order to Stephen B. Catron and to The Mississippi Bar. Stephen B. Catron taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Dickinson, JJ., Concur. Diaz and Randolph, JJ., not participating.

The Mississippi Bar v. James L. Champion; Disposition: The Mississippi Bar's Rule 41(a)(i) Notice of Dismissal is granted, and this case is dismissed without prejudice. The Mississippi Bar is taxed with all costs of this appeal. Diaz, J., not participating. Carlson, J., for the Court. Order entered.

In Re: Mike Moore, Attorney General Ex Rel., State of Mississippi Tobacco Litigation and Mississippi Health Care Trust Fund; Jackson Chancery Court; LC Case #: 94-1429; Ruling Judge: Pat Watts, Jr.; Disposition: Petition for Interlocutory Appeal and/or Extraordinary Writ and Request for Expedited Review filed by the Mississippi Health Care Trust Fund is granted. The Order granting continuance entered by the Jackson County Chancery Court in cause No. 94-1429 is vacated, and this cause is remanded to the chancery court to rule on the pending motions to intervene and motions to vacate, and for further proceedings consistent with this order. Motion for Leave to File an Answer to Petitions for Interlocutory Appeal filed by The Partnership for a Healthy Mississippi is granted. Petitioners are taxed with all costs of this appeal. Graves, J., would deny the Petition for Interlocutory Appeal and/or Extraordinary Writ and Request for Expedited Review. Diaz and Carlson, JJ., not participating. Smith, C.J., for the Court. Order entered.

Haley Barbour, Governor of the State of Mississippi and the Mississippi Division of Medicaid in the Office of the Governor v. Jim Hood, Attorney General Ex Rel State of Mississippi Tobacco Litigation; Jackson Chancery Court; LC Case #: 94-1429; Ruling Date: 06/21/2005; Ruling Judge: Jaye Bradley; Disposition: Petition for Permission to Appeal and for Extraordinary Relief and Request for Expedited Appeal filed by petitioners is granted. The Order granting continuance entered by the Jackson County Chancery Court in cause No. 94-1429 is vacated, and this cause is remanded to the chancery court to rule on the pending motions to intervene and motions to vacate, and for further proceedings consistent with this order. Motion for Leave to File an Answer to Petitions for Interlocutory Appeal filed by The Partnership for a Healthy Mississippi is granted. Petitioners are taxed with all costs of this appeal. Graves, J., would deny the Petition for Permission to Appeal and for Extraordinary Relief and Request for Expedited Appeal. Diaz and Carlson, JJ., not participating. Smith, C.J., for the Court. Order entered.