08/26/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Easley, Chuck
X  2003-KM-00672-SCT

Robert Spencer, Jr. v. State of Mississippi; Yalobusha Circuit Court 1st District; LC Case #: CR2000-10-LY1; Ruling Date: 01/23/2003; Ruling Judge: Ann Lamar; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Bethany Wooten, a Minor, by and through Her Parents, Next Friends, and Guardians, Betty Wooten and Charles Wooten v. Mississippi Farm Bureau Insurance Company; Marion Chancery Court; LC Case #: 2003-0083-G-D; Ruling Date: 10/13/2003; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Waller, P.J. Disposition: Appeal dismissed without prejudice. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Result Only. Diaz and Graves, JJ., not participating.

James M. Brennan v. Terrilee (Brennan) Ebel; Harrison Chancery Court 1st District; LC Case #: 91-01071/100,356; Ruling Date: 11/15/1999; Ruling Judge: Thomas Teel; Disposition: Petition for writ of certiorari filed by James M. Brennan is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

In the Matter of the Extension of the Boundaries of the City of Winona, Montgomery County, Mississippi: Harry Neal, Donna Neal, Scott Neal, Harriet Neal and Winona Elevator Co. Inc. v. City of Winona, Mississippi; Montgomery Chancery Court; LC Case #: 00-05-0110; Ruling Date: 08/28/2002; Ruling Judge: Percy Lynchard, Jr.; Disposition: Appellants' motion for rehearing is denied. Cobb, P.J., Dickinson and Randolph, JJ., would grant. Diaz, J., not participating.

Cindy M. Lynch and Deborah L. Fullen v. Mississippi Farm Bureau Casualty Insurance Company; Madison Circuit Court; LC Case #: CI-98-0113; Ruling Date: 11/22/2002; Ruling Judge: Samac Richardson; Disposition: Petition for writ of certiorari to the Mississippi Supreme Court filed by Cindy M. Lynch and Deborah L. Fullen is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.

Carol Renee Simpson v. Michael W. Boyd; Washington Circuit Court; LC Case #: CI-2001-204; Ruling Date: 01/28/2003; Ruling Judge: Richard Smith; Majority Opinion: Waller, P.J. Disposition: Affirmed in Part; Reversed and Remanded in Part; and Vacated and Remanded in Part. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

Joseph Dewayne Wash v. State of Mississippi; Jackson Circuit Court; LC Case #: 2002-10,184(1); Ruling Date: 02/05/2003; Ruling Judge: Robert Krebs; Disposition: Petition for writ of certiorari filed by Joseph Dewayne Wash is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Robert Spencer, Jr. v. State of Mississippi; Yalobusha Circuit Court 1st District; LC Case #: CR2000-10-LY1; Ruling Date: 01/23/2003; Ruling Judge: Ann Lamar; Disposition: Motion to Dismiss Appeal filed by the State of Mississippi is dismissed as moot. Diaz and Graves, JJ., not participating. Order entered.

William L. Wiley v. State of Mississippi; DeSoto Circuit Court; LC Case #: 3720; Ruling Date: 02/03/1995; Ruling Judge: Andrew Baker; Disposition: William Wiley's Application for Leave to File Motion to Vacate Death Sentence on the Basis of Atkins v. Virginia, 536 U.S. 304 (2002), denied. See Opinion of this Court handed down this date. Diaz and Graves, JJ., not participating.

William L. Wiley v. State of Mississippi; DeSoto Circuit Court; LC Case #: 3720; Ruling Date: 02/03/1995; Ruling Judge: Andrew Baker; Majority Opinion: Easley, J. Disposition: William Wiley's Application for Leave to File Motion to Vacate Death Sentence on the Basis of Atkins v. Virginia, 536 U.S. 304 (200), denied. DeSoto County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson and Randolph, JJ., Concur. Cobb, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion, Joined by Dickinson, J. Diaz and Graves, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Cobb, P.J. Votes: Dickinson, J., Joins This Opinion.

St. Paul Mercury Insurance Company v. Merchants & Marine Bank; Harrison Circuit Court 1st District; LC Case #: A2401-01-492; Ruling Date: 08/06/2003; Ruling Judge: Jerry Terry, Sr.; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., and Dickinson, J., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, Carlson, Graves and Randolph, JJ., not participating.

3M Company v. Simeon Johnson, et al.; Holmes Circuit Court; LC Case #: 2000-181; Ruling Judge: Jannie Lewis; Disposition: Petition for Permission to Appeal from an Interlocutory Order filed by counsel for the 3M Company is granted. The notice of appeal shall be deemed to have been filed and the filing fee is due and payable to the Clerk of this Court. The appeal of this matter shall proceed as required by M.R.A.P. 10 and 11. The trial court proceedings are hereby stayed pending resolution of this appeal. To Grant: Smith, C.J., Cobb, P.J., Carlson and Dickinson, JJ. To Deny: Easley, J. Not Participating: Waller, P.J., Diaz, Graves and Randolph, JJ. Order entered.

Illinois Cent. RR Co. v. Ira B. Harris, Irvin C. Benjamin, Eddie B. Boaz, Larry T. Bonner, Robert L. Dowell, Williams H. Eldridge, Williams F. Emmons, Williams L. Gates, Roy Hankins, Owen D. Heady, Gary E. Hutchison, L. T. Maxie, Lonnie D. McClain, James A. McReynolds, Roy D. Rushing, John M. Sanders, John M. Shahan, Gary L. Soger, Norman G. Sprehe, James S. Tilley, Lewis E. Wallace and Gerald B. Woley; Pike Circuit Court; LC Case #: 03-205-B; Ruling Judge: Mike Smith; Disposition: Petition for Permission to Appeal and Motion to Stay filed by the Petitioners is granted in part and denied in part. This matter is remanded to the Pike County Circuit Court for further proceedings consistent with this order. Petitioner is taxed with all costs of this appeal. Diaz, J., not participating. Smith, C.J., for the Court. Order entered.

Illinois Cent. RR Co. v. Ira B. Harris, Irvin C. Benjamin, Eddie B. Boaz, Larry T. Bonner, Robert L. Dowell, Williams H. Eldridge, Williams F. Emmons, Williams L. Gates, Roy Hankins, Owen D. Heady, Gary E. Hutchison, L. T. Maxie, Lonnie D. McClain, James A. McReynolds, Roy D. Rushing, John M. Sanders, John M. Shahan, Gary L. Soger, Norman G. Sprehe, James S. Tilley, Lewis E. Wallace and Gerald B. Woley; Pike Circuit Court; LC Case #: 03-205-B; Ruling Judge: Mike Smith; Disposition: Petition for Permission to Appeal and Motion to Stay filed by the Petitioners is granted in part and denied in part. This matter is remanded to the Pike County Circuit Court for further proceedings consistent with this order. Petitioner is taxed with all costs of this appeal. Diaz, J., not participating. Smith, C.J., for the Court. Order entered.

Harold's Auto Parts, Inc.,et al. v. Flower Mangialardi, et al.; Bolivar Circuit Court 1st District; LC Case #: 2001-37; Ruling Judge: Kenneth Thomas; Disposition: Petition for Interlocutory Appeal by Permission filed by counsel for petitioners is granted. This matter is hereby remanded to the Circuit Court of Bolivar County, Mississippi, for entry of an order granting the petitioners' motion to sever in accordance with the provisions of this order. The Circuit Court of Bolivar County shall dismiss, without prejudice, each plaintiff who fails to provide the defendants and the court, within forty-five days of the date of this Order, with sufficient information as specified herein which allows the trial court to determine the appropriate court for transfer. Respondents are taxed with all costs of this appeal. Easley, J., would deny. Diaz and Randolph, JJ., not participating. Smith, C.J., for the Court. Order entered.

River Oaks Health System d/b/a Woman's Hospital, William Bush, MD, OB-GYN Clinic of Jackson, PLLC and Charles Knight, MD v. Lashawn Steptoe- Finley, Willis Finley and Kaitlyn Jai Steptoe- Finley; Hinds Circuit Court 1st District; LC Case #: 251-01-1270CIV; Ruling Judge: Winston Kidd; Disposition: Petitioners' and Respondents' request for clarification of the July 15, 2004, order is granted to the extent that the Court now addresses the recusal of Circuit Judge Winston Kidd. Petitioners' request that this Court order the recusal of Judge Kidd and vacate the order transferring venue are denied. Respondents' alternative requests that Chief Justice Smith, Presiding Justice Waller, Presiding Justice Cobb, Justice Carlson, Justice Dickinson and Justice Randolph recuse, and their orders be vacated, is denied. Waller, P.J., Diaz and Graves, JJ., not participating. Order entered.

River Oaks Health System d/b/a Woman's Hospital, William Bush, MD, OB-GYN Clinic of Jackson, PLLC and Charles Knight, MD v. Lashawn Steptoe- Finley, Willis Finley and Kaitlyn Jai Steptoe- Finley; Hinds Circuit Court 1st District; LC Case #: 251-01-1270CIV; Ruling Judge: Winston Kidd; Disposition: Petitioners' and Respondents' request for clarification of the July 15, 2004, order is granted to the extent that the Court now addresses the recusal of Circuit Judge Winston Kidd. Petitioners' request that this Court order the recusal of Judge Kidd and vacate the order transferring venue are denied. Respondents' alternative requests that Chief Justice Smith, Presiding Justice Waller, Presiding Justice Cobb, Justice Carlson, Justice Dickinson and Justice Randolph recuse, and their orders be vacated, is denied. Waller, P.J., Diaz and Graves, JJ., not participating. Order entered.

River Oaks Health System d/b/a Woman's Hospital, William Bush, MD, OB-GYN Clinic of Jackson, PLLC and Charles Knight, MD v. Lashawn Steptoe- Finley, Willis Finley and Kaitlyn Jai Steptoe- Finley; Hinds Circuit Court 1st District; LC Case #: 251-01-1270CIV; Ruling Judge: Winston Kidd; Disposition: Petitioners' and Respondents' request for clarification of the July 15, 2004, order is granted to the extent that the Court now addresses the recusal of Circuit Judge Winston Kidd. Petitioners' request that this Court order the recusal of Judge Kidd and vacate the order transferring venue are denied. Respondents' alternative requests that Chief Justice Smith, Presiding Justice Waller, Presiding Justice Cobb, Justice Carlson, Justice Dickinson and Justice Randolph recuse, and their orders be vacated, is denied. Waller, P.J., Diaz and Graves, JJ., not participating. Order entered.