08/21/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2007-CA-01189-SCT

Guy "Phil " Ruff, Jr. v. The Estate of Guy P. Ruff, Sr., Myra Eason Ruff, In Her Capacity as Executrix of the Estate of Guy P. Ruff, Sr., Margaret Anne Ruff Cargo, In Her Capacity as Executrix of the Estate of Guy P. Ruff, Sr., and David Clifton Ruff, In His Capacity as Executor of the Estate of Guy P. Ruff, Sr.; Benton Chancery Court; LC Case #: 07-0009; Ruling Date: 06/18/2007; Ruling Judge: Glenn Alderson; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

James Paul Dahl v. State of Mississippi; Jackson Circuit Court; LC Case #: 2004-10,057(3); Ruling Date: 10/10/2005; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by counsel for James Paul Dahl is denied. To Deny: All Justices. Order entered.

Mississippi State Veterans Affairs Board v. Beverly Pettigrew Kraft, Personal Representative of the Wrongful Death Beneficiaries and Heirs at Law of Billy L. Pettigrew, Deceased; and Individually as the Daughter and an Heir at Law of Billy L. Pettigrew, Deceased; and the Estate of Billy L. Pettigrew, By and Through Beverly Pettigrew Kraft, Administratrix of the Estate; Hinds Circuit Court 1st District; LC Case #: 251-03-465CIV; Ruling Date: 05/02/2006; Ruling Judge: Tomie Green; Disposition: On the Court's own motion, the Petition for Interlocutory Appeal filed by the appellant is dismissed as improvidently granted. Diaz, P.J., and Graves, J., Object. Smith, C.J., Waller, P.J., and Easley, J., not participating. Randolph, J., for the Court. Order entered.

Allen Diaz and Edna Diaz v. Mary Ethel Bounds; Lamar Chancery Court; LC Case #: 2004-0311-GN-W; Ruling Date: 09/21/2006; Ruling Judge: Johnny Williams; Disposition: Petition for writ of certiorari filed by counsel for Allen Diaz is denied. To Deny: Smith, C.J., Waller, P.J., Carlson, Graves and Lamar, JJ. To Grant: Easley, Dickinson and Randolph, JJ. Not Participating: Diaz, P.J. Order entered.

Marshall Jerry Lyle v. State of Mississippi; Leake Circuit Court; LC Case #: 06-CR-001-LE-C; Ruling Date: 05/25/2007; Ruling Judge: V. Cotten; Disposition: Motion for rehearing filed by appellant is denied.

In Re: Body of Victoria Spiers Age 10, Deceased: Carmen D. Hastings v. Joel Scott Spiers; Adams Circuit Court; LC Case #: C 06-KV-0222-J; Ruling Date: 01/10/2007; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Lamar, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Dissent Without Separate Written Opinion.

James Marshall v. Casey Wiggins and City of Greenwood; Leflore Chancery Court; LC Case #: G07-0126; Ruling Date: 08/15/2007; Ruling Judge: Jon Barnwell; Disposition: Joint Motion to Dismiss Appeal is granted. This appeal is dismissed and all parties shall bear their own costs. Diaz, P.J., for the Court. Order entered.

Gilmore Memorial Hospital, Inc., Gilmore Health Services, Inc., Gilmore Health System, Inc., Gilmore Chickasaw Health Services, Inc. d/b/a Shearer-Richardson Memorial Nursing Home and Judy Dunn v. Billy Ray Mosby, Individually and as Administrator of the Estate of Willie D. Mosby, Deceased; Chickasaw Circuit Court 2nd District; LC Case #: 0-2007-016; Ruling Date: 09/25/2007; Ruling Judge: Henry Lackey; Disposition: Joint Motion to Dismiss Appeal filed by counsel for appellants and counsel for appellees is granted. This appeal is hereby dismissed upon entry of this order. All costs of this appeal are assessed to appellants. The stay of the circuit court proceedings, entered by this Court on November 29, 2007, is hereby vacated. Order entered.