08/18/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2003-CA-02102-SCT

Wayne E. Ferrell, Jr. d/b/a Ferrell-Hubbard Investments v. River City Roofing, Inc., and Larry Montpelier, Jr.; Hinds Circuit Court 1st District; LC Case #: 251-01-1493; Ruling Date: 08/11/2003; Ruling Judge: W. Yerger; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion. Diaz, J., not participating.

Aaron D. Williams d/b/a Aaron Williams Auto Sales v. Tyco International (US) Inc.; ADT Automotive, Inc., d/b/a Mississippi Auto Auction, Inc.; Judy Taylor; Angie Taylor; and Bill Benton; Jones Circuit Court 2nd District; LC Case #: 2000-104-CV6; Ruling Date: 09/23/2003; Ruling Judge: Robert Walker; Consolidated with 2002-M-00048-SCT In Re: Tyco International (US) Inc., ADT Automotive, Inc., ADT Security Services, Inc., Mississippi Auto Auction, Inc., Bill Benton, Judy Taylor and Angie Taylor; Jones Circuit Court 2nd District; LC Case #: 2000-104-CV6; Ruling Judge: Billy Landrum; Majority Opinion: Randolph, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Graves and Dickinson, JJ., Concur. Smith, C.J., Concurs in Part and in the Result. Cobb, P.J., Concurs in Result Only. Diaz, J., not participating.

Justin Dale Hammons v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-03-555; Ruling Date: 03/05/2004; Ruling Judge: Robert Walker; Majority Opinion: Randolph, J. Disposition: Conviction of Capital Murder and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, without hope of parole or probation, Affirmed. Harrison County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Benjamin Stewart v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2003-16-CR2; Ruling Date: 06/08/2004; Ruling Judge: Kenneth Thomas; Majority Opinion: Easley, J. Disposition: Conviction of Burglary of a Dwelling and Sentence of Eight (8) Years, with conditions, in the custody of the Mississippi Department of Corrections, together with payment of a fine of $4,000.00 to be paid within two (2) years of release from incarceration, and all costs, Affirmed. After appellant has served six (6) years, the remaining two (2) years shall be suspended. Appellant shall receive credit for all time previously served in this cause. The sentence imposed in this cause shall run consecutively to any and all sentences previously imposed. Bolivar County 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.

Mississippi Farm Bureau Mutual Insurance Company v. Shirley Walters and Cynthia L. Guy; Jones Chancery Court 1st District; LC Case #: 2002-0095-E; Ruling Date: 05/07/2003; Ruling Judge: Franklin McKenzie, Jr.; Majority Opinion: Smith, C.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

PPG Architectural Finishes, Inc. v. Melissa Lowery and Animal Emergency Clinic, P. A.; Madison Circuit Court; LC Case #: 2000-0169; Ruling Date: 05/20/2004; Ruling Judge: Samac Richardson; Majority Opinion: Smith, C.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Linda Elston and Danny Elston v. Circus Circus Mississippi, Inc. d/b/a Gold Strike Casino Resort and Circus Circus Enterprises, Inc. d/b/a Gold Strike Casino; Tunica Circuit Court; LC Case #: 00-00239; Ruling Date: 08/18/2003; Ruling Judge: Albert Smith, III; Disposition: Petition for Writ of Certiorari filed by Circus Circus Mississippi, Inc., d/b/a Gold Strike Casino is denied. To Deny: Smith, C.J., Easley, Carlson, Graves and Randolph, JJ. To Grant: Waller and Cobb, P.JJ., and Dickinson, J. Not Participating: Diaz, J. Order entered.

Hill Brothers Construction & Engineering Company, Inc. v. Mississippi Transportation Commission; Hinds Circuit Court 1st District; LC Case #: 251-01-413CIV; Ruling Date: 09/12/2003; Ruling Judge: W. Yerger; Disposition: The motion for rehearing filed by appellant is denied. This Court's previous opinion is withdrawn and this opinion is substituted therefor. Affirmed. Waller, P.J., Carlson and Dickinson, JJ., would grant. Diaz, J., not participating.

Hill Brothers Construction & Engineering Company, Inc. v. Mississippi Transportation Commission; Hinds Circuit Court 1st District; LC Case #: 251-01-413CIV; Ruling Date: 09/12/2003; Ruling Judge: W. Yerger; Majority Opinion: Randolph, J. Disposition: The motion for rehearing is denied. This Court's previous opinion is withdrawn and this opinion is substituted therefor. Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley and Graves, JJ., Concur. Waller, P.J., Dissents with Separate Written Opinion Joined by Carlson and Dickinson, JJ. Diaz, J., not participating. Dissenting Opinion: Waller, P.J. Votes: Carlson and Dickinson, JJ., Join This Opinion.

Dillard's, Inc. f/k/a Dillard Department Stores, Inc. v. Africia Johnson; Hinds Circuit Court 1st District; LC Case #: 251-01-981-CIV; Ruling Date: 12/16/2003; Ruling Judge: Tomie Green; Consolidated with 2002-IA-01422-SCT Dillard's, Inc. v. Michael J. Scott; Hinds Circuit Court 1st District; LC Case #: 251-00-1257 CIV; Ruling Date: 08/06/2002; Ruling Judge: Tomie Green; Disposition: Motion for Reconsideration, in actuality a Motion for Rehearing, filed by Michael J. Scott and Africia Johnson is dismissed as untimely filed. Appellants' Motion to Strike "Reconsideration Brief for Plaintiffs" is dismissed as moot. Diaz, J., Not Participating. Order entered.

Dillard's, Inc. f/k/a Dillard Department Stores, Inc. v. Africia Johnson; Hinds Circuit Court 1st District; LC Case #: 251-01-981-CIV; Ruling Date: 12/16/2003; Ruling Judge: Tomie Green; Consolidated with 2002-IA-01422-SCT Dillard's, Inc. v. Michael J. Scott; Hinds Circuit Court 1st District; LC Case #: 251-00-1257 CIV; Ruling Date: 08/06/2002; Ruling Judge: Tomie Green; Disposition: Motion for Reconsideration, in actuality a Motion for Rehearing, filed by Michael J. Scott and Africia Johnson is dismissed as untimely filed. Appellants' Motion to Strike "Reconsideration Brief for Plaintiffs" is dismissed as moot. Diaz, J., Not Participating. Order entered.

Ellis Dawkins v. State of Mississippi; Marshall Circuit Court; LC Case #: 2003-456; Ruling Date: 11/06/2003; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed pro se by Ellis Dawkins is dismissed as untimely filed. M.R.A.P. 17(b). Order entered.

Donniver Terrell Johnson v. State of Mississippi; Leake Circuit Court; LC Case #: 03-CR-045-LE-C; Ruling Date: 01/23/2004; Ruling Judge: V. Cotten; Disposition: Motion for Rehearing filed pro se by Donniver Terrell Johnson is denied. Diaz, J., not participating.

Mississippi Farm Bureau Mutual Insurance Company v. Shirley Walters and Cynthia L. Guy; Jones Chancery Court 1st District; LC Case #: 2002-0095-E; Ruling Date: 05/07/2003; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Appellant's Motion for Modification of the Record is denied. Diaz and Randolph, JJ., not participating. Order entered.

Children's Medical Group, P. A. v. Robert Phillips, Individually and as Next Friend and Natural Guardian of Tanner Wade Phillips and Grant Russell Phillips, Minors; Hinds Circuit Court 1st District; LC Case #: 251-04-1202civ; Ruling Date: 03/08/2005; Ruling Judge: Winston Kidd; Disposition: On the Court's own motion, Chief Justice James W. Smith, Jr., recuses and will not participate in the consideration of this matter. The Motion to Recuse filed by attorney for Robert Phillips, insofar as it seeks recusal of Chief Justice James W. Smith, Jr., is dismissed as moot. Diaz, J., not participating. Order entered.

Children's Medical Group, P. A. v. Robert Phillips, Individually and as Next Friend and Natural Guardian of Tanner Wade Phillips and Grant Russell Phillips, Minors; Hinds Circuit Court 1st District; LC Case #: 251-04-1202civ; Ruling Date: 03/08/2005; Ruling Judge: Winston Kidd; Disposition: On the Court's own motion, Chief Justice James W. Smith, Jr., recuses and will not participate in the consideration of this matter. The Motion to Recuse filed by attorney for Robert Phillips, insofar as it seeks recusal of Chief Justice James W. Smith, Jr., is dismissed as moot. Diaz, J., not participating. Order entered.

Children's Medical Group, P. A. v. Robert Phillips, Individually and as Next Friend and Natural Guardian of Tanner Wade Phillips and Grant Russell Phillips, Minors; Hinds Circuit Court 1st District; LC Case #: 251-04-1202civ; Ruling Date: 03/08/2005; Ruling Judge: Winston Kidd; Disposition: On the Court's own motion, Presiding Justice Kay B. Cobb recuses and will not participate in the consideration of this matter. The Motion to Recuse filed by attorney for Robert Phillips, insofar as it seeks recusal of Presiding Justice Kay B. Cobb, is dismissed as moot. Diaz, J., not participating. Order entered.

Children's Medical Group, P. A. v. Robert Phillips, Individually and as Next Friend and Natural Guardian of Tanner Wade Phillips and Grant Russell Phillips, Minors; Hinds Circuit Court 1st District; LC Case #: 251-04-1202civ; Ruling Date: 03/08/2005; Ruling Judge: Winston Kidd; Disposition: On the Court's own motion, Presiding Justice Kay B. Cobb recuses and will not participate in the consideration of this matter. The Motion to Recuse filed by attorney for Robert Phillips, insofar as it seeks recusal of Presiding Justice Kay B. Cobb, is dismissed as moot. Diaz, J., not participating. Order entered.

Children's Medical Group, P. A. v. Robert Phillips, Individually and as Next Friend and Natural Guardian of Tanner Wade Phillips and Grant Russell Phillips, Minors; Hinds Circuit Court 1st District; LC Case #: 251-04-1202civ; Ruling Date: 03/08/2005; Ruling Judge: Winston Kidd; Disposition: On the Court's own motion, Justice George C. Carlson, Jr., recuses and will not participate in the consideration of this matter. The Motion to Recuse filed by attorney for Robert Phillips, insofar as it seeks recusal of Justice George C. Carlson, Jr., is dismissed as moot. Diaz, J., not participating. Order entered.

Children's Medical Group, P. A. v. Robert Phillips, Individually and as Next Friend and Natural Guardian of Tanner Wade Phillips and Grant Russell Phillips, Minors; Hinds Circuit Court 1st District; LC Case #: 251-04-1202civ; Ruling Date: 03/08/2005; Ruling Judge: Winston Kidd; Disposition: On the Court's own motion, Justice George C. Carlson, Jr., recuses and will not participate in the consideration of this matter. The Motion to Recuse filed by attorney for Robert Phillips, insofar as it seeks recusal of Justice George C. Carlson, Jr., is dismissed as moot. Diaz, J., not participating. Order entered.

Children's Medical Group, P. A. v. Robert Phillips, Individually and as Next Friend and Natural Guardian of Tanner Wade Phillips and Grant Russell Phillips, Minors; Hinds Circuit Court 1st District; LC Case #: 251-04-1202civ; Ruling Date: 03/08/2005; Ruling Judge: Winston Kidd; Disposition: On the Court's own motion, Justice James E. Graves, Jr., recuses and will not participate further in the consideration of this matter. Diaz, J., not participating. Order entered.

Children's Medical Group, P. A. v. Robert Phillips, Individually and as Next Friend and Natural Guardian of Tanner Wade Phillips and Grant Russell Phillips, Minors; Hinds Circuit Court 1st District; LC Case #: 251-04-1202civ; Ruling Date: 03/08/2005; Ruling Judge: Winston Kidd; Disposition: The Court finds that six justices of the Court have recused or are otherwise not participating in this case, leaving only three participating. There are insufficient justices available to form a quorum of the Court for consideration and decision of this case, and unless the attorneys engaged in this matter can agree upon two members of the bar to serve as special justices, the Governor should be advised under the provisions of Article 6, Section 165 of the Mississippi Constitution of 1890 of the need to commission two others to form a quorum and to serve in this case. Chief Justice Smith, Presiding Justices Waller and Cobb and Justices Carlson and Graves join in this order of administrative management of this case pursuant to the mandates of Article 6, Section 165 for the limited purpose of notifying counsel and the Governor of the status of this matter. On the Court's own motion, the attorneys in this matter shall be notified by the Clerk of this Court of the absence of a sufficient number of Justices and given twenty days from the entry of this Order to file with the Court an agreed list of two names of members of the bar to serve as special justices to consider and determine all issues in this case. If at the end of that time no such agreed list has been filed with the Court, the Governor shall be immediately notified by this Court's Administrator under the provisions of Article 6, Section 165 of the Mississippi Constitution of 1890 of the need to commission two others as special justices. Smith, C.J., Waller and Cobb, P.JJ., and Carlson and Graves, JJ., participating for limited administrative purposes only. Diaz, J., not participating. Order entered.