08/12/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2003-CA-01971-SCT

Randy Braswell d/b/a Worldwide Drilling v. T & T Welding, Inc. and T & T Communications, LLC; Jones Circuit Court 2nd District; LC Case #: 2002-162-CV5; Ruling Date: 08/15/2003; Ruling Judge: Billy Landrum; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Deborah Gayle Thornton West v. Charles Timothy West; Jones Chancery Court 1st District; LC Case #: 94-0191; Ruling Date: 07/08/2002; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Easley, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

Kevin Scott v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 8338; Ruling Date: 10/23/1998; Ruling Judge: Kenneth Thomas; Disposition: Motion for rehearing filed by appellant is denied. Graves and Randolph, JJ., would grant. Diaz, J., not participating.

State of Mississippi v. Tommy Dean Shaw; Stone Circuit Court; LC Case #: B6601-2000-0076; Ruling Date: 11/08/2001; Ruling Judge: Jerry Terry, Sr.; Disposition: Motion for rehearing filed by the State of Mississippi is granted. The original opinions are withdrawn and these opinions are substituted therefor. Diaz and Graves, JJ., not participating. See Opinion of this Court handed down this date.

State of Mississippi v. Tommy Dean Shaw; Stone Circuit Court; LC Case #: B6601-2000-0076; Ruling Date: 11/08/2001; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Easley, J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. Presented Question Answered. Appellant taxed with costs of appeal. Votes: Smith, C.J., Dickinson and Randolph, JJ., Concur. Waller, P.J., Concurs in Result Only. Carlson, J., Dissents with Separate Written Opinion Joined by Cobb, P.J. Diaz and Graves, JJ., not participating. Dissenting Opinion: Carlson, J. Votes: Cobb, P.J., Joins This Opinion.

Freddie Walker v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-0-238; Ruling Date: 02/08/2002; Ruling Judge: W. Yerger; Disposition: Motion for rehearing filed by the State of Mississippi is denied. Easley and Randolph, JJ., would grant. Diaz, J., not participating.

Robert Preston Cooper, III v. Aaron Missey; Jackson Circuit Court; LC Case #: 99-0371(1); Ruling Date: 12/17/2002; Ruling Judge: James Backstrom; Disposition: Petition for writ of certiorari filed by counsel for Robert Preston Cooper, III, is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Graves, JJ. To Deny: Easley, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Edward A. Williamson, Individually, and Edward A. Williamson, P. A. v. Lisa Edmonds and Larry Edmonds; Kemper Circuit Court; LC Case #: 2002-CV-42(R); Ruling Date: 04/10/2003; Ruling Judge: Larry Roberts; Majority Opinion: Smith, C.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Cobb, P.J., Carlson and Dickinson, JJ., Concur. Waller, P.J., Dissents with Separate Written Opinion Joined by Easley and Randolph, JJ. Easley, J., Dissents with Separate Written Opinion Joined by Waller, P.J., and Randolph, J. Diaz and Graves, JJ., not participating. Dissenting Opinion: Waller, P.J. Votes: Easley and Randolph, JJ., Join This Opinion. Dissenting Opinion: Easley, J. Votes: Waller, P.J., and Randolph, J., Join This Opinion.

Mississippi Valley Title Insurance Company v. Stephanie Bolton and Randy Wayne Bolton; Hinds Circuit Court 1st District; LC Case #: 251-02-967CIV; Ruling Judge: Winston Kidd; Consolidated with 2004-IA-00551-SCT Equiprime, Inc. v. Randy Wayne Bolton and Stephanie Bolton; Hinds Circuit Court 1st District; LC Case #: 251-02-967 CIV; Ruling Date: 03/02/2004; Ruling Judge: Winston Kidd; Consolidated with 2004-IA-00536-SCT Roger M. Tubbs and Joseph F. Lukas v. Randy Wayne Bolton and Stephanie Bolton; Hinds Circuit Court 1st District; LC Case #: 251-02-967CIV; Ruling Date: 03/02/2004; Ruling Judge: Winston Kidd; Disposition: Motion to file Rebuttal to Response to Petition for Interlocutory Appeal filed by counsel for Mississippi Valley Title Insurance Company is granted and the rebuttal is accepted for filing. Petition for Interlocutory Appeal by Permission filed by counsel for Mississippi Valley Title Insurance Company; the Petition for Interlocutory Appeal filed by counsel for Roger M. Tubbs and Joseph Lukas; and the Petition for Interlocutory Appeal filed by counsel for Equiprime, Inc., are granted. This matter is remanded to the circuit court with instructions that the court enter an order dismissing the declaratory judgment action. Costs of this appeal are assessed to the petitioners. Easley, J., objects. Diaz and Graves, JJ., not participating. Smith, C.J., for the Court. Order entered.

General Motors Corporation v. Willie Newell, as the Personal Friend and Representative of Ahmar Allen, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-01-1236CIV; Ruling Date: 04/08/2004; Ruling Judge: Tomie Green; Disposition: Request to file a response out of time filed by counsel for Willie Newell is granted and the response has been considered. Petition for Interlocutory Appeal filed by counsel for General Motors Corporation is granted. This matter is remanded to the circuit court with instructions that summary judgment be granted as to Willie Newell's individual wrongful death claim. Costs of this appeal are assessed to petitioner. Easley, J., objects. Diaz and Graves, JJ., not participating. Cobb, J., for the Court. Order entered.

Terri C. Campbell v. Ray A. Coyle and Amber P. Coyle; Panola Circuit Court 2nd District; LC Case #: CV2002-47-BP2; Ruling Judge: Andrew Baker; Disposition: Petition for Permission to Appeal Interlocutory Order filed by counsel for Terri C. Campbell is granted. This matter is remanded to the Circuit Court of Panola County, Mississippi, for further proceedings consistent with this order. Petitioner is taxed with all costs of this appeal. To Deny: Easley, J. Not Participating: Diaz, J. Dickinson, J., for the Court. Order entered.