08/14/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Lamar, Ann H.
  2007-CA-00925-SCT

Jessica A. Hewett v. Jonathan L. Hewett; Lowndes Chancery Court; LC Case #: 2006-0177-D; Ruling Date: 05/16/2007; Ruling Judge: H. Davidson, Jr.; Majority Opinion: Lamar, J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

In The Matter of the Enlarging, Extending and Defining the Corporate Limits and Boundaries of the City of Meridian, Lauderdale County, Mississippi: The Town of Marion, Mississippi, Lauderdale County, Mississippi, Citizens Against Annexation and Eagle Pointe Homeowner's Association, Inc. v. City of Meridian, Mississippi; Lauderdale Chancery Court; LC Case #: 02-845-M; Ruling Date: 08/10/2006; Ruling Judge: Jason Floyd, Jr.; Majority Opinion: Graves, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion.

Michael Wayne Williams v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 06-0-072; Ruling Date: 10/12/2006; Ruling Judge: W. Yerger; Majority Opinion: Smith, C.J. Disposition: Count I: Conviction of Armed Robbery and Sentence of Twenty-Five (25) Years in the custody of the Mississippi Department of Corrections, Affirmed. Count II: Conviction of Kidnapping and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count II shall run concurrently with the sentence in Count 1. Count III: Conviction of Possession of a Handgun by a Convicted Felon and Sentence of Three (3) Years in the custody of the Mississippi Department of Corrections, Affirmed. Sentence in Count III shall run consecutively with the sentence in Count I. Hinds County taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Dissents with Separate Written Opinion Joined by Diaz, P.J. Dissenting Opinion: Graves, J. Votes: Diaz, P.J., Joins This Opinion.

Tony Pratt v. Sylvia Dees Sessums; Washington Circuit Court; LC Case #: CI2003-0260; Ruling Date: 03/24/2006; Ruling Judge: Larry Lewis; Disposition: Motion for rehearing filed by appellant is denied. Smith, C.J., and Carlson, J., would strike the motion for rehearing. Waller, P.J., not participating.

Frederick C. Ellis a/k/a Frederick Charles Ellis v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2004-00374; Ruling Date: 03/23/2005; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed pro se by Frederick C. Ellis is denied. To Deny: All Justices. Order entered.

Bradford Staten v. State of Mississippi; Grenada Circuit Court; LC Case #: 2005-116; Ruling Date: 08/03/2006; Ruling Judge: C. Morgan, III; Disposition: Petition for writ of certiorari filed by counsel for Bradford Staten is denied. To Deny: All Justices. Order entered.

Caterpillar, Inc. and General Electric Company v. James Dean White and John Thompson; Hinds Circuit Court 1st District; LC Case #: 251-01-960; Ruling Date: 09/14/2006; Ruling Judge: Bobby DeLaughter; Consolidated with 2006-IA-01682-SCT A. O. Smith Corporation, The BOC Group, Inc. f/k/a Airco, Inc., The ESAB Group, Inc., Hobart Brothers Company, Lincoln Electric Company, TDY Industries, Inc., Union Carbide Corporation, CBS Corporation as Successor by Merger to Viacom, Inc. f/k/a Westinghouse Electric Corporation and General Electric Company v. John Thompson; Hinds Circuit Court 1st District; LC Case #: 251-05-1083; Ruling Date: 09/27/2006; Ruling Judge: Bobby DeLaughter; Disposition: Joint Motion to Voluntarily Dismiss Appellants'/Defendants' Interlocutory Appeal is granted. These interlocutory appeals are dismissed, and the stay issued as to all proceedings in the trial court is lifted so that the parties can proceed as agreed to in the aforesaid joint motion. Smith, C.J., for the Court. Order entered.

A. O. Smith Corporation, The BOC Group, Inc. f/k/a Airco, Inc., The ESAB Group, Inc., Hobart Brothers Company, Lincoln Electric Company, TDY Industries, Inc., Union Carbide Corporation, CBS Corporation as Successor by Merger to Viacom, Inc. f/k/a Westinghouse Electric Corporation and General Electric Company v. John Thompson; Hinds Circuit Court 1st District; LC Case #: 251-05-1083; Ruling Date: 09/27/2006; Ruling Judge: Bobby DeLaughter; Consolidated with 2006-IA-01678-SCT Caterpillar, Inc. and General Electric Company v. James Dean White and John Thompson; Hinds Circuit Court 1st District; LC Case #: 251-01-960; Ruling Date: 09/14/2006; Ruling Judge: Bobby DeLaughter; Disposition: Joint Motion to Voluntarily Dismiss Appellants'/Defendants' Interlocutory Appeal is granted. These interlocutory appeals are dismissed, and the stay issued as to all proceedings in the trial court is lifted so that the parties can proceed as agreed to in the aforesaid joint motion. Smith, C.J., for the Court. Order entered.

Ronald Henry Pierce v. Ernest Allan Cook, Sr.; Rankin Circuit Court; LC Case #: 2002-386; Ruling Date: 07/07/2006; Ruling Judge: Samac Richardson; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, P.J., and Easley, J., Dissent Without Separate Written Opinion.

Hazem Barmada v. Ara K. Pridjian, M.D.; Harrison Circuit Court 1st District; LC Case #: A2401-2002-0083; Ruling Date: 02/05/2007; Ruling Judge: Roger Clark; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Carlson, Dickinson and Lamar, JJ., Concur. Graves and Randolph, JJ., Concur in Result Only. Easley, J., Dissents Without Separate Written Opinion.

James Malcolm Harris, Jr. v. Kimbroughly (Elam) Harris; DeSoto Chancery Court; LC Case #: 06-02-0280; Ruling Date: 04/10/2007; Ruling Judge: Mitchell Lundy, Jr.; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Lamar, J., not participating.

Jessica A. Hewett v. Jonathan L. Hewett; Lowndes Chancery Court; LC Case #: 2006-0177-D; Ruling Date: 05/16/2007; Ruling Judge: H. Davidson, Jr.; Disposition: Motion to Dismiss Cross-Appeal filed by appellant is dismissed as moot. There was no cross-appeal filed in this case. Order entered.

Richard F. Scruggs, Individually and Scruggs Law Firm, P.A. v. Jones, Funderburg, Sessums, Peterson & Lee, LLC; Lafayette Circuit Court; LC Case #: L07-135; Ruling Date: 02/26/2008; Ruling Judge: William Coleman; Disposition: Petition for Interlocutory Appeal filed by petitioners is granted. All proceedings in cause no. LO7-135, Lafayette County Circuit Court, are stayed pending this Court's decision in this appeal. Easley, J., not participating. Order entered.

Richard F. Scruggs, Individually and Scruggs Law Firm, P.A. v. Jones, Funderburg, Sessums, Peterson & Lee, LLC; Lafayette Circuit Court; LC Case #: L07-135; Ruling Date: 02/26/2008; Ruling Judge: William Coleman; Disposition: Petition for Interlocutory Appeal filed by petitioners is granted. All proceedings in cause no. LO7-135, Lafayette County Circuit Court, are stayed pending this Court's decision in this appeal. Easley, J., not participating. Order entered.

Don Barrett, Individually, Barrett Law Office, P.A., Nutt & McAlister, PLLC and Lovelace Law Firm, P.A., Richard Scruggs and Scruggs Law Firm, P.A. v. Jones, Funderburg, Sessums, Peterson & Lee, LLC; Lafayette Circuit Court; LC Case #: L07-135; Ruling Date: 04/16/2008; Ruling Judge: William Coleman; Disposition: Motion for Reconsideration of Order Denying Petition for Interlocutory Appeal and for Stay of Proceedings filed by Petitioners is granted. The Petition for Interlocutory Appeal and for Stay of Proceedings filed by Petitioners is granted. All proceedings in cause no. L07-135, Lafayette County Circuit Court, are stayed pending this Court's decision in this appeal. Easley, J., not participating. Order entered.

Don Barrett, Individually, Barrett Law Office, P.A., Nutt & McAlister, PLLC and Lovelace Law Firm, P.A., Richard Scruggs and Scruggs Law Firm, P.A. v. Jones, Funderburg, Sessums, Peterson & Lee, LLC; Lafayette Circuit Court; LC Case #: L07-135; Ruling Date: 04/16/2008; Ruling Judge: William Coleman; Disposition: Motion for Reconsideration of Order Denying Petition for Interlocutory Appeal and for Stay of Proceedings filed by Petitioners is granted. The Petition for Interlocutory Appeal and for Stay of Proceedings filed by Petitioners is granted. All proceedings in cause no. L07-135, Lafayette County Circuit Court, are stayed pending this Court's decision in this appeal. Easley, J., not participating. Order entered.

Melvean Tennison v. Linda K. Hughes and Wade D. Hughes; Prentiss Circuit Court; LC Case #: CV0H-341F PR; Ruling Date: 06/04/2008; Ruling Judge: Paul Funderburk; Disposition: Petition for Interlocutory Appeal and Emergency Motion for Stay filed by petitioner was considered by the en banc Court and the request for a stay was granted. The Court now finds that the stay should be lifted. Petition for Interlocutory Appeal is dismissed. The stay imposed in this matter is hereby lifted. Motion for Reconsideration filed by respondents is dismissed as moot. Interlocutory Appeal: To Dismiss as Moot: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Easley, J. Not Participating: Graves, J. Motion for Reconsideration: To Dismiss as Moot: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Randolph and Lamar, JJ. To Deny: Easley, J. Not Participating: Graves and Dickinson, JJ. Order entered.

Melvean Tennison v. Linda K. Hughes and Wade D. Hughes; Prentiss Circuit Court; LC Case #: CV0H-341F PR; Ruling Date: 06/04/2008; Ruling Judge: Paul Funderburk; Disposition: Petition for Interlocutory Appeal and Emergency Motion for Stay filed by petitioner was considered by the en banc Court and the request for a stay was granted. The Court now finds that the stay should be lifted. Petition for Interlocutory Appeal is dismissed. The stay imposed in this matter is hereby lifted. Motion for Reconsideration filed by respondents is dismissed as moot. Interlocutory Appeal: To Dismiss as Moot: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Easley, J. Not Participating: Graves, J. Motion for Reconsideration: To Dismiss as Moot: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Randolph and Lamar, JJ. To Deny: Easley, J. Not Participating: Graves and Dickinson, JJ. Order entered.

Melvean Tennison v. Linda K. Hughes and Wade D. Hughes; Prentiss Circuit Court; LC Case #: CV0H-341F PR; Ruling Date: 06/04/2008; Ruling Judge: Paul Funderburk; Disposition: Petition for Interlocutory Appeal and Emergency Motion for Stay filed by petitioner was considered by the en banc Court and the request for a stay was granted. The Court now finds that the stay should be lifted. Petition for Interlocutory Appeal is dismissed. The stay imposed in this matter is hereby lifted. Motion for Reconsideration filed by respondents is dismissed as moot. Interlocutory Appeal: To Dismiss as Moot: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson, Randolph and Lamar, JJ. To Deny: Easley, J. Not Participating: Graves, J. Motion for Reconsideration: To Dismiss as Moot: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Randolph and Lamar, JJ. To Deny: Easley, J. Not Participating: Graves and Dickinson, JJ. Order entered.