08/16/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
XXX  2006-IA-00455-SCT

O.Tuck Adams, Individually, and as Administrator of the Estate of Mary Jane Adams, Deceased v. Baptist Memorial Hospital-Desoto, Inc., Michael A. Dorrity, M.D., Jolee Rutherford, M.D., Mandalay Resort Group f/k/a Circus Circus Enterprises, Inc., and Circus Circus Mississippi, Inc. d/b/a Gold Strike Casino Resort; Tunica Circuit Court; LC Case #: 2005-0224; Ruling Date: 02/22/2006; Ruling Judge: Kenneth Thomas; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Dickinson, J., Concurs with Separate Written Opinion Joined by Smith, C.J., Waller, P.J., Easley, Carlson, Randolph and Lamar, JJ. Diaz, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined In Part by Graves, J. Concurring Opinion: Dickinson, J. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Randolph and Lamar, JJ., Join This Opinion. Concurring in Part and Dissenting in Part Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion in Part.

Gladys Gill, Edward F. "Red" Graham, Glenn Hopkins, Lonnie Meadows and David Tucker v. State of Mississippi, et al.; Forrest Circuit Court; LC Case #: 5833; Ruling Date: 06/15/2006; Ruling Judge: Robert Helfrich; Majority Opinion: Dickinson, J. Disposition: Appeal Dismissed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Randolph and Lamar, JJ., Concur.

Quang Thanh Tran v. State of Mississippi; Rankin Circuit Court; LC Case #: 15310; Ruling Date: 02/09/2004; Ruling Judge: William Chapman, III; Consolidated with 2004-CT-00369-SCT Johnson Quoc Nguyen v. State of Mississippi; Rankin Circuit Court; LC Case #: 15311; Ruling Date: 02/09/2004; Ruling Judge: William Chapman, III; Majority Opinion: Dickinson, J. Disposition: The Judgment of the Court of Appeals is Affirmed. As to Case No. 2004-CT-00368-SCT: Conviction of money laundering and sentence of twenty (20) years in the custody of the Mississippi Department of Corrections, Affirmed. As to Case No. 2004-CT-00369-SCT: The Judgment of the Rankin County Circuit Court is Reversed and Rendered. Case No. 2004-CT-00368-SCT: Appellant taxed with costs of appeal. Case No. 2004-CT-00369-SCT: Rankin County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves and Lamar, JJ., Concur. Randolph, J., Concurs in Part. Diaz, P.J., Dissents with Separate Written Opinion. Easley, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Randolph, J.; Smith, C.J., Joins In Part. Dissenting Opinion: Diaz, P.J. Concurring in Part and Dissenting in Part Opinion: Easley, J. Votes: Randolph, J., Joins This Opinion. Smith, C.J., Joins This Opinion in Part.

Lawrence Branch v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 2001-0003CR1; Ruling Date: 05/23/2002; Ruling Judge: C. Morgan, III; Disposition: Motion for rehearing filed by petitioner is denied. Diaz, P.J., and Graves, J., would grant.

Delta and Pine Land Company v. Monsanto Company and Pharmacia Corporation; Bolivar Circuit Court 1st District; LC Case #: 2000-0001; Ruling Date: 12/15/2004; Ruling Judge: Larry Lewis; Consolidated with 2005-IA-00016-SCT Delta and Pine Land Company v. Monsanto Company and Pharmacia Corporation; Bolivar Circuit Court 1st District; LC Case #: 2000-0001; Ruling Date: 12/16/2004; Ruling Judge: Larry Lewis; Disposition: Joint Motion for Dismissal filed by Delta and Pine Land Company, appellant and Monsanto Company and Pharmacia Corporation, appellees is granted. These two consolidated appeals are dismissed with the parties to bear their own costs. Waller, P.J., for the Court. Order entered.

Delta and Pine Land Company v. Monsanto Company and Pharmacia Corporation; Bolivar Circuit Court 1st District; LC Case #: 2000-0001; Ruling Date: 12/16/2004; Ruling Judge: Larry Lewis; Consolidated with 2005-IA-00015-SCT Delta and Pine Land Company v. Monsanto Company and Pharmacia Corporation; Bolivar Circuit Court 1st District; LC Case #: 2000-0001; Ruling Date: 12/15/2004; Ruling Judge: Larry Lewis; Disposition: Joint Motion for Dismissal filed by Delta and Pine Land Company, appellant and Monsanto Company and Pharmacia Corporation, appellees is granted. These two consolidated appeals are dismissed with the parties to bear their own costs. Waller, P.J., for the Court. Order entered.

Gary D. Nelson and Sheree Nelson v. Sanderson Farms, Inc.; Jones Circuit Court 1st District; LC Case #: 2002-97-CV12; Ruling Date: 01/19/2005; Ruling Judge: Billy Landrum; Disposition: Joint Motion to Dismiss Appeal filed by Appellants, Gary D. Nelson and Sheree Nelson and Appellee, Sanderson Farms, Inc., is granted. Each party shall bear their own costs of appeal. Lamar, J., not participating. Easley, J., for the Court. Order entered.

Mayor and Board of Alderman, City of Ridgeland, Mississippi, Shadowood/Wendover Homeowners' Association and Central Ridgeland Homeowners' Association v. The Estate of M.A. Lewis and Richard Wayne Parker; Madison Circuit Court; LC Case #: CI2001-0131; Ruling Date: 01/24/2005; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari filed by Richard Wayne Parker and the Estate of M. A. Lewis is denied. To Deny: Smith, C.J., Diaz, P.J., Carlson, Graves, Randolph and Lamar, JJ. To Grant: Waller, P.J., Easley and Dickinson, JJ. Order entered.

Roger Lionel Hancock v. David Steven Watson; Hinds Circuit Court 1st District; LC Case #: 251-04-343CIV; Ruling Date: 02/09/2005; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by counsel for Roger Lionel Hancock is denied. To Deny: Diaz, P.J., Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Not Participating: Smith, C.J., Waller, P.J., and Carlson, J. Order entered.

Thong Le v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,067(1); Ruling Date: 08/23/2002; Ruling Judge: James Backstrom; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post-Conviction Relief filed by counsel for petitioner is denied. See Opinion of this Court handed down this date. Smith, C.J., and Diaz, P.J., not participating.

Thong Le v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,067(1); Ruling Date: 08/23/2002; Ruling Judge: James Backstrom; Majority Opinion: Dickinson, J. Disposition: Leave to Seek Post Conviction Relief, denied. Jackson County taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Graves, Randolph and Lamar, JJ., Concur. Smith, C.J., and Diaz, P.J., not participating.

The Estate of Ladell Beckley, Deceased: Clarence Beckley, as Executor v. John Beckley; Pontotoc Chancery Court; LC Case #: 2002-0047; Ruling Date: 02/22/2005; Ruling Judge: Jason Floyd, Jr.; Disposition: Motion for Rehearing filed by John Beckley is denied. Graves, J., not participating.

Horace Paul Burrows v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2004-00531; Ruling Date: 06/17/2005; Ruling Judge: Stephen Simpson; Disposition: Motion for rehearing filed by appellant is denied.

Century 21 Maselle and Associates, Inc., and Cindy Smith v. Tony L. Smith and Linda N. Smith; Hinds Circuit Court 1st District; LC Case #: 251-04-1223CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Consolidated with 2005-CA-01814 Coldwell Banker Graham & Associates, Inc., Cindy Lai, Mark S. Bounds Realty Partners, Inc., Wayne C. Williams, Century 21 Maselle and Associates, Inc., and Cindy Smith and Donald Conn, Jr. v. Tony L. Smith and Linda N. Smith; Hinds Circuit Court 1st District; LC Case #: 251-04-1223CIV; Ruling Date: 08/17/2005; Ruling Judge: Winston Kidd; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson, Dickinson and Lamar, JJ., Concur. Diaz, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Graves, J. Graves, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Diaz, P.J. Waller, P.J., not participating. Concurring in Part and Dissenting in Part Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion. Concurring in Part and Dissenting in Part Opinion: Graves, J. Votes: Diaz, P.J., Joins This Opinion.

Latrell Dewayne Adams a/k/a Scott Tremayne Black v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 05-CV-117(R); Ruling Date: 08/18/2005; Ruling Judge: Larry Roberts; Disposition: Petition for writ of certiorari filed pro se by Latrell Adams is denied. To Deny: All Justices. Order entered.

Ronald Chris Foster a/k/a Ron Chris Foster v. State of Mississippi; Lowndes Circuit Court; LC Case #: 11,229; Ruling Date: 09/02/2005; Ruling Judge: Lee Howard; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., and Graves, J., would grant. Easley and Lamar, JJ., not participating.

In the Matter of the Estate of Lela W. Holmes: Ollie Holmes-Pickett, et al. v. Bertha Holmes-Price, as Executrix of the Last Will and Testament of Lela W. Holmes, et al.; Madison Chancery Court; LC Case #: 2003-0380; Ruling Date: 09/29/2005; Ruling Judge: William Lutz; Disposition: Motion for rehearing filed by appellees is denied. Easley, J., not participating.

Alice Lockwood v. Isle of Capri Corporation d/b/a Isle of Capri Casino; Coahoma Circuit Court; LC Case #: 14-CI-03-0108; Ruling Date: 09/23/2005; Ruling Judge: Larry Lewis; Disposition: Petition for writ of certiorari filed by the Isle of Capri Corporation d/b/a Isle of Capri Casino 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.

Malikah Glover, by and through Her Parents and Next of Kin, Greguick Glover and Sandra Glover v. Jackson State University; Hinds Circuit Court 1st District; LC Case #: 251-96-1190CIV; Ruling Date: 09/23/2005; Ruling Judge: Bobby DeLaughter; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Diaz, P.J., and Randolph, J., Concur. Waller, P.J., Concurs in Result Only. Lamar, J., Concurs in Part and in Result. Easley, J., Dissents with Separate Written Opinion Joined by Smith, C.J., and Carlson, J. Graves, J., not participating. Dissenting Opinion: Easley, J. Votes: Smith, C.J., and Carlson, J., Join This Opinion.

Danny Jones v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2001-265-KR2; Ruling Date: 01/24/2006; Ruling Judge: Billy Landrum; Majority Opinion: Easley, J. Disposition: Conviction of Murder and Sentence of Life Imprisonment, with conditions, in the custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, P.J., Dissents with Separate Written Opinion. Dissenting Opinion: Diaz, P.J.

Martha M. Harmon and James V. Harmon v. Regions Bank; Chickasaw Circuit Court 1st District; LC Case #: H-2003-082; Ruling Date: 09/19/2005; Ruling Judge: Andrew Howorth; Disposition: Motion for rehearing filed by appellants is denied. Diaz, P.J., Easley, Graves and Randolph, JJ., would grant. Lamar, J., not participating.

Jon Marc Downs a/k/a John Marc Downs v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-882-CR; Ruling Date: 10/07/2005; Ruling Judge: Robert Helfrich; Majority Opinion: Dickinson, J. Disposition: Conviction of robbery and sentence of fifteen (15) years in the custody of the Mississippi Department of Corrections, Affirmed. The appellant shall serve seven (7) years of said sentence and upon completion of the service of the seven (7) years, the remaining eight (8) years of said fifteen (15) year sentence are hereby suspended pursuant to and in conformity with the post-release supervision set out and authorized in Miss. Code Ann. Section 47-7-34 (1972), as Amended, and appellant shall be placed on post-release supervision, with conditions, for a period of five (5) years. Appellant shall pay a fine in the amount of $1,000.00; make restitution to the Forrest County Public Defender's Fund in the amount of $250.00 and $100.00 assessment to the Mississippi Crime Victims Compensation Program and pay all court costs. Forrest County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Randolph and Lamar, JJ., Concur. Diaz, P.J., and Graves, J., Concur in Result Only.

John A. (Pap) Moore v. Stacey W. Parker; Chickasaw Circuit Court 1st District; LC Case #: H2005-070; Ruling Date: 06/09/2006; Ruling Judge: James Kitchens, Jr.; Disposition: The motion to correct the record and the motion for rehearing filed by John A. (Pap) Moore are both granted. The previous opinion is withdrawn, and this opinion is substituted therefor. Affirmed in Part; Reversed and Rendered in Part. Easley and Lamar, JJ., not participating.

John A. (Pap) Moore v. Stacey W. Parker; Chickasaw Circuit Court 1st District; LC Case #: H2005-070; Ruling Date: 06/09/2006; Ruling Judge: James Kitchens, Jr.; Disposition: The motion to correct the record and the motion for rehearing filed by John A. (Pap) Moore are both granted. The previous opinion is withdrawn, and this opinion is substituted therefor. Affirmed in Part; Reversed and Rendered in Part. Easley and Lamar, JJ., not participating.

John A. (Pap) Moore v. Stacey W. Parker; Chickasaw Circuit Court 1st District; LC Case #: H2005-070; Ruling Date: 06/09/2006; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Smith, C.J. Disposition: The motion to correct the record and the motion for rehearing filed by John A. (Pap) Moore are both granted. The previous opinion is withdrawn, and this opinion is substituted therefor. Affirmed in Part; Reversed and Rendered in Part. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Easley and Lamar, JJ., not participating.

Gladys Gill, Edward F. "Red" Graham, Glenn Hopkins, Lonnie Meadows and David Tucker v. State of Mississippi, et al.; Forrest Circuit Court; LC Case #: 5833; Ruling Date: 06/15/2006; Ruling Judge: Robert Helfrich; Disposition: Motion to Strike Certain Parties to this action filed by appellants is denied. Order entered.

Mississippi Commission on Judicial Performance v. Darrin J. Westfaul; LC Case #: 2006-064; Ruling Date: 02/09/2007; Ruling Judge: Patricia Wise; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance is granted. Judge Darrin J. Westfaul, Municipal Judge Pro Tem of Batesville, Municipal Judge of Pope, and Municipal Judge of Courtland, shall be publicly reprimanded and assessed costs of $100.00. See Opinion of this Court handed down this date. Diaz, P.J., not participating.

Mississippi Commission on Judicial Performance v. Darrin J. Westfaul; LC Case #: 2006-064; Ruling Date: 02/09/2007; Ruling Judge: Patricia Wise; Majority Opinion: Randolph, J. Disposition: Judge Darrin J. Westfaul, Municipal Judge Pro Tem of Batesville, Municipal Judge of Pope, and Municipal Judge of Courtland, shall be publicly reprimanded and assessed costs of $100.00. Judge Darrin J. Westfaul taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Lamar, JJ., Concur. Diaz, P.J., not participating.

Brown & Williamson Tobacco Corporation and BATUS Holdings, Inc. v. Cynthia Langston; Hinds Circuit Court 1st District; LC Case #: 251-98-CIV; Ruling Judge: Tomie Green; Disposition: Petition for Interlocutory Appeal and Motion for Stay of Proceedings in the Circuit Court filed by counsel for Brown & Williamson Tobacco Corp. and BATUS Holdings, Inc., is denied. Joint Motion of Petitioners to Consolidate Petitions for Interlocutory Appeal is dismissed as moot. Joint Motion of Petitioners for Leave to File Reply Brief is denied. Smith, C.J., would grant. Diaz, P.J., not participating. Order entered.

Brown & Williamson Tobacco Corporation and BATUS Holdings, Inc. v. Cynthia Langston; Hinds Circuit Court 1st District; LC Case #: 251-98-CIV; Ruling Judge: Tomie Green; Disposition: Petition for Interlocutory Appeal and Motion for Stay of Proceedings in the Circuit Court filed by counsel for Brown & Williamson Tobacco Corp. and BATUS Holdings, Inc., is denied. Joint Motion of Petitioners to Consolidate Petitions for Interlocutory Appeal is dismissed as moot. Joint Motion of Petitioners for Leave to File Reply Brief is denied. Smith, C.J., would grant. Diaz, P.J., not participating. Order entered.

Brown & Williamson Tobacco Corporation and BATUS Holdings, Inc. v. Cynthia Langston; Hinds Circuit Court 1st District; LC Case #: 251-98-CIV; Ruling Judge: Tomie Green; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5(a) and Request for Stay by BellSouth Telecommunications, Inc., d/b/a AT&T Mississippi is denied. Joint Motion of Petitioners to Consolidate Petitions for Interlocutory Appeal is dismissed as moot. Joint Motion of Petitioners for Leave to File Reply Brief is denied. Smith, C.J., would grant. Diaz, P.J., not participating. Order entered.

Brown & Williamson Tobacco Corporation and BATUS Holdings, Inc. v. Cynthia Langston; Hinds Circuit Court 1st District; LC Case #: 251-98-CIV; Ruling Judge: Tomie Green; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5(a) and Request for Stay by BellSouth Telecommunications, Inc., d/b/a AT&T Mississippi is denied. Joint Motion of Petitioners to Consolidate Petitions for Interlocutory Appeal is dismissed as moot. Joint Motion of Petitioners for Leave to File Reply Brief is denied. Smith, C.J., would grant. Diaz, P.J., not participating. Order entered.

BellSouth Telecommunications, Inc. d/b/a AT&T Mississippi v. Cynthia Langston; Hinds Circuit Court 1st District; LC Case #: 251-98-601CIV; Ruling Date: 05/01/2007; Ruling Judge: Tomie Green; Disposition: Petition for Interlocutory Appeal and Motion for Stay of Proceedings in the Circuit Court filed by counsel for Brown & Williamson Tobacco Corp. and BATUS Holdings, Inc., is denied. Joint Motion of Petitioners to Consolidate Petitions for Interlocutory Appeal is dismissed as moot. Joint Motion of Petitioners for Leave to File Reply Brief is denied. Smith, C.J., would grant. Diaz, P.J., not participating. Order entered.

BellSouth Telecommunications, Inc. d/b/a AT&T Mississippi v. Cynthia Langston; Hinds Circuit Court 1st District; LC Case #: 251-98-601CIV; Ruling Date: 05/01/2007; Ruling Judge: Tomie Green; Disposition: Petition for Interlocutory Appeal and Motion for Stay of Proceedings in the Circuit Court filed by counsel for Brown & Williamson Tobacco Corp. and BATUS Holdings, Inc., is denied. Joint Motion of Petitioners to Consolidate Petitions for Interlocutory Appeal is dismissed as moot. Joint Motion of Petitioners for Leave to File Reply Brief is denied. Smith, C.J., would grant. Diaz, P.J., not participating. Order entered.

BellSouth Telecommunications, Inc. d/b/a AT&T Mississippi v. Cynthia Langston; Hinds Circuit Court 1st District; LC Case #: 251-98-601CIV; Ruling Date: 05/01/2007; Ruling Judge: Tomie Green; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5(a) and Request for Stay by BellSouth Telecommunications, Inc., d/b/a AT&T Mississippi is denied. Joint Motion of Petitioners to Consolidate Petitions for Interlocutory Appeal is dismissed as moot. Joint Motion of Petitioners for Leave to File Reply Brief is denied. Smith, C.J., would grant. Diaz, P.J., not participating. Order entered.

BellSouth Telecommunications, Inc. d/b/a AT&T Mississippi v. Cynthia Langston; Hinds Circuit Court 1st District; LC Case #: 251-98-601CIV; Ruling Date: 05/01/2007; Ruling Judge: Tomie Green; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5(a) and Request for Stay by BellSouth Telecommunications, Inc., d/b/a AT&T Mississippi is denied. Joint Motion of Petitioners to Consolidate Petitions for Interlocutory Appeal is dismissed as moot. Joint Motion of Petitioners for Leave to File Reply Brief is denied. Smith, C.J., would grant. Diaz, P.J., not participating. Order entered.

Melvin Pierce Painting, Inc. and Melvin Pierce, Individually v. Bay South, LTD.; Harrison County Court 2nd District; LC Case #: D2402-05-00442; Ruling Date: 05/18/2007; Ruling Judge: Gaston Hewes, Jr.; Disposition: Petition for Interlocutory Appeal filed by petitioners is granted. That portion of the Orders dated March 19, 2007, and May 18, 2007, in cause no. D2402-05-00442, County Court of Harrison County, Second Judicial District, pertaining to Petitioners' Motion for Leave to File Counterclaim is vacated, and leave to file the counterclaim is granted. This matter is remanded to the County Court of Harrison County for further proceedings consistent with this order. Costs of appeal are taxed to respondent. Graves, J., not participating. Smith, C.J., for the Court. Order entered.

Melvin Pierce Painting, Inc. and Melvin Pierce, Individually v. Bay South, LTD.; Harrison County Court 2nd District; LC Case #: D2402-05-00442; Ruling Date: 05/18/2007; Ruling Judge: Gaston Hewes, Jr.; Disposition: Petition for Interlocutory Appeal filed by petitioners is granted. That portion of the Orders dated March 19, 2007, and May 18, 2007, in cause no. D2402-05-00442, County Court of Harrison County, Second Judicial District, pertaining to Petitioners' Motion for Leave to File Counterclaim is vacated, and leave to file the counterclaim is granted. This matter is remanded to the County Court of Harrison County for further proceedings consistent with this order. Costs of appeal are taxed to respondent. Graves, J., not participating. Smith, C.J., for the Court. Order entered.

Melvin Pierce Painting, Inc. and Melvin Pierce, Individually v. Bay South, LTD.; Harrison County Court 2nd District; LC Case #: D2402-05-00442; Ruling Date: 05/18/2007; Ruling Judge: Gaston Hewes, Jr.; Disposition: Petition for Interlocutory Appeal filed by petitioners is granted. That portion of the Orders dated March 19, 2007, and May 18, 2007, in cause no. D2402-05-00442, County Court of Harrison County, Second Judicial District, pertaining to Petitioners' Motion for Leave to File Counterclaim is vacated, and leave to file the counterclaim is granted. This matter is remanded to the County Court of Harrison County for further proceedings consistent with this order. Costs of appeal are taxed to respondent. Graves, J., not participating. Smith, C.J., for the Court. Order entered.

Lincoln Electric Company, The BOC Group, Inc. f/k/a Airco, Inc., The ESAB Group, Inc. and Hobart Brothers Company v. Stanley McLemore; Copiah Circuit Court; LC Case #: 2005-0378; Ruling Date: 05/30/2007; Ruling Judge: Lamar Pickard; Disposition: Emergency Petition for Permission to Appeal Interlocutory Order Denying Motion for Summary Judgment Based on the Statute of Limitations filed by petitioners is denied. The previously granted stay of trial court proceedings is vacated, and this matter is remanded to the trial court for further proceedings. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. Not Participating: Diaz, P.J., and Graves, J. Order entered.

Lincoln Electric Company, The BOC Group, Inc. f/k/a Airco, Inc., The ESAB Group, Inc. and Hobart Brothers Company v. Stanley McLemore; Copiah Circuit Court; LC Case #: 2005-0378; Ruling Date: 05/30/2007; Ruling Judge: Lamar Pickard; Disposition: Emergency Petition for Permission to Appeal Interlocutory Order Denying Motion for Summary Judgment Based on the Statute of Limitations filed by petitioners is denied. The previously granted stay of trial court proceedings is vacated, and this matter is remanded to the trial court for further proceedings. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. Not Participating: Diaz, P.J., and Graves, J. Order entered.

Kevin J. Clark, James N. Ward, Douglas J. Murphy, Michael K. Fulton and Rodney L. Case v. Eaton Corporation, Aeroquip-Vickers, Inc., Eaton Hydraulics, Inc. f/k/a Vickers, Inc., Eaton Aerospace, LLC, Jeffrey D. Frisby, Frisby Aerospace, LLC, and Triumph Group, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-04-642 CIV; Ruling Date: 06/04/2007; Ruling Judge: Bobby DeLaughter; Disposition: Motion for Reconsideration of this Court's Order Granting an Interlocutory Appeal and Staying Certain Depositions and for Expedited Consideration filed by appellees is granted. The Petition for Interlocutory Appeal granted by a panel of this Court on June 25, 2007, is denied and the stay of depositions entered by that panel is vacated. Diaz, P.J., and Graves, J., not participating. Order entered.

Kevin J. Clark, James N. Ward, Douglas J. Murphy, Michael K. Fulton and Rodney L. Case v. Eaton Corporation, Aeroquip-Vickers, Inc., Eaton Hydraulics, Inc. f/k/a Vickers, Inc., Eaton Aerospace, LLC, Jeffrey D. Frisby, Frisby Aerospace, LLC, and Triumph Group, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-04-642 CIV; Ruling Date: 06/04/2007; Ruling Judge: Bobby DeLaughter; Disposition: Motion for Reconsideration of this Court's Order Granting an Interlocutory Appeal and Staying Certain Depositions and for Expedited Consideration filed by appellees is granted. The Petition for Interlocutory Appeal granted by a panel of this Court on June 25, 2007, is denied and the stay of depositions entered by that panel is vacated. Diaz, P.J., and Graves, J., not participating. Order entered.

Kevin J. Clark, James N. Ward, Douglas J. Murphy, Michael K. Fulton and Rodney L. Case v. Eaton Corporation, Aeroquip-Vickers, Inc., Eaton Hydraulics, Inc. f/k/a Vickers, Inc., Eaton Aerospace, LLC, Jeffrey D. Frisby, Frisby Aerospace, LLC, and Triumph Group, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-04-642 CIV; Ruling Date: 06/04/2007; Ruling Judge: Bobby DeLaughter; Disposition: Motion for Reconsideration of this Court's Order Granting an Interlocutory Appeal and Staying Certain Depositions and for Expedited Consideration filed by appellees is granted. The Petition for Interlocutory Appeal granted by a panel of this Court on June 25, 2007, is denied and the stay of depositions entered by that panel is vacated. Diaz, P.J., and Graves, J., not participating. Order entered.

In Re: The Matter of Kathleen L. Smiley, Attorney; Disposition: Joint Motion of The Mississippi Bar and Kathleen L. Smiley for Reconsideration of Order denying Motion to Place Matter Under Seal, or Alternatively, Separate Motion for Restricted Access to Docket is denied. Order entered.