Mississippi Supreme Court

Hand Down Lists
August 29, 2002

08/29/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
XX 2001-CA-00867-SCT

Hastings, Dwight L. v. Walter L. Guillot, III Jones Chancery Court 2nd District; LC Case # 99-0787; Ruling: 05/10/2001; Franklin McKenzie, Jr.; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Diaz and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only. Cobb, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Easley, J. Concurring in Part and Dissenting in Part Opinion: Cobb, J. Votes: Easley, J., Joins This Opinion.


Waller, William L.
X 2001-IA-00531-SCT

Oakwood Homes Corporation, Oakwood Mobile Homes, Inc., Oakwood Acceptance Corporation and Joe Lott v. Ralph Randall Rankin Circuit Court; LC Case # 99-119; Ruling: 03/21/2001; John Kitchens; Majority Opinion: Waller, J. Disposition: Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Easley and Carlson, JJ., Concur. Graves, J., Not Participating.


Pittman, Edwin Lloyd
XX 2000-CA-01843-SCT

Sawyer, Reverend Jessie L. and Ebernezer Missionary Baptist Church v. Ezell Brandon, Robert Wilson, Sam Straughter, Willie Smith, James Hill and Frankie L. Quinn Monroe Chancery Court; LC Case # 98-0417; Ruling: 10/24/2000; John Ross, Jr.; Majority Opinion: Pittman, C.J. Disposition: On Direct Appeal: Reversed and Remanded. On Cross-Appeal: Affirmed. Appellees taxed with costs of appeal. Votes: Smith, P.J., Cobb, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only. Waller, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Diaz, J. Easley, J., Not Participating. Concurring in Part and Dissenting in Part Opinion: Waller, J. Votes: Diaz, J., Joins This Opinion.


EN BANC
97-CT-01639-SCT

Bickham, Ruby Lorene, as the Administratrix for the Estate of Tamara Bickham; Christopher Matthew Bickham; and Christopher Matthew Bickham, II, a Minor, By and Through His Next Friend, Christopher Matthew Bickham v. Dr. Fred Y. Grant, Dr. John S. Harris, Rush Foundation Hospital and Rush Medical Group, P. A. Lauderdale Circuit Court; LC Case # 93CV153; Ruling: 09/25/1997; Larry Roberts; Disposition: On Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Ruby Lorene Bickham, et al., and the petition for writ of certiorari filed by Dr. Fred Y. Grant, et al., is extended until September 26, 2002. A final decision on whether to grant or deny the petitions shall be entered on or before September 26, 2002. Order entered.


EN BANC
1999-CA-01745-SCT

United States Fidelity & Guaranty Company v. The Estate of Doris Francis, by and through Will Francis, Will Francis, Individually, Judy Draper, Individually and Emily Draper, by and through her Mother and Adult Next Friend, Judy Draper Simpson Chancery Court; LC Case # 980317; Ruling: 09/15/1999; J. Buffington; Disposition: Motion for rehearing filed by appellant is granted. McRae, P.J., Diaz, Easley and Graves, JJ., would deny. The original opinions are withdrawn, and these opinions are substituted therefor.


EN BANC
XX 1999-CA-01745-SCT

United States Fidelity & Guaranty Company v. The Estate of Doris Francis, by and through Will Francis, Will Francis, Individually, Judy Draper, Individually and Emily Draper, by and through her Mother and Adult Next Friend, Judy Draper Simpson Chancery Court; LC Case # 980317; Ruling: 09/15/1999; J. Buffington; Majority Opinion: Carlson, J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn, and these opinions are substituted therefor. Affirmed in Part; Reversed and Rendered in Part and Remanded in Part. Appellant and appellees taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller and Cobb, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by McRae, P.J., and Graves, J. Concurring in Part and Dissenting in Part Opinion: Diaz, J. Votes: McRae, P.J. and Graves, J., Join This Opinion.


EN BANC
1999-CT-01836-SCT

Robison, Thomas Lee v. Carol Denise Robison Lanford Sunflower Chancery Court; LC Case # 24305; Ruling: 07/28/1999; Jane Weathersby; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Carol Denise Robison Lanford is extended until September 30, 2002. A final decision on whether to grant or deny the petition shall be entered on or before September 30, 2002. Order entered.


EN BANC
XX 1999-CA-02032-SCT

United States Fidelity & Guaranty Company v. John Deere Insurance Company, Albert L. East, IV, Albert L. East, III and Ella May East Hinds Circuit Court 1st District; LC Case # 251-94-1203CIV; Ruling: 11/23/1999; Tomie Green; Majority Opinion: Waller, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ., Concur. Diaz, J., Dissents With Separate Written Opinion Joined by McRae, P.J., Easley and Graves, JJ. Dissenting Opinion: Diaz, J. Votes: McRae, P.J., Easley and Graves, JJ., Join This Opinion.


EN BANC
XX 2000-KA-00786-SCT

Kolberg, Bryan a/k/a Bryan Joseph Kolberg v. State of Mississippi Hinds Circuit Court 1st District; LC Case # E-0109; Ruling: 03/12/2000; L. Hilburn; Majority Opinion: Carlson, J. Disposition: Conviction of Capital Murder and Sentence of Life Imprisonment in the Custody of the Mississippi Department of Corrections, Affirmed. Hinds County taxed with costs of appeal. Votes: Smith, P.J., Waller, Cobb and Easley, JJ., Concur. McRae, P.J., Concurs in Result Only. Pittman, C.J., Dissents with Separate Written Opinion Joined by Diaz, J. Graves, J., not participating. Dissenting Opinion: Pittman, C.J. Votes: Diaz, J., Joins This Opinion.


EN BANC
2000-KA-00903-SCT

Robert, David Martin v. State of Mississippi Kemper Circuit Court; LC Case # 2000-CR-017; Ruling: 05/04/2000; Larry Roberts; Disposition: Motion to Correct the Mandate filed by Appellant, David Martin Robert, is granted. Opinion corrected at paragraph 26. Order entered.


EN BANC
X 2000-DR-01077-SCT

Puckett, Larry Matthew v. State of Mississippi Forrest Circuit Court; LC Case # 18729; Ruling: 08/07/1996; Richard McKenzie; Majority Opinion: Smith, P.J. Disposition: Motions Granted. Votes: Pittman, C.J., Waller, Cobb, Diaz, Easley, Carlson and Graves, JJ., Concur. McRae, P.J., Dissents Without Separate Written Opinion.


EN BANC
2000-CC-01115-SCT

Grand Casino Biloxi v. David Hallmark Harrison Circuit Court 2nd District; LC Case # A-2402-98-00218; Ruling: 06/21/2000; John Whitfield; Disposition: Motion of Mississippi Gaming Commission for Leave to File Amicus Curiae Brief is granted. Beau Rivage Resorts, Inc.'s Motion for Leave to File Amicus Curiae Brief is granted. Appellee's Motion to Strike the Motion for Rehearing filed by Grand Casino Biloxi is denied. Order entered.


EN BANC
2000-CC-01115-SCT

Grand Casino Biloxi v. David Hallmark Harrison Circuit Court 2nd District; LC Case # A-2402-98-00218; Ruling:06/21/2000; John Whitfield; Disposition: Motion of Mississippi Gaming Commission for Leave to File Amicus Curiae Brief is granted. Beau Rivage Resorts, Inc.'s Motion for Leave to File Amicus Curiae Brief is granted. Appellee's Motion to Strike the Motion for Rehearing filed by Grand Casino Biloxi is denied. Order entered.


EN BANC
2000-CC-01115-SCT

Grand Casino Biloxi v. David Hallmark Harrison Circuit Court 2nd District; LC Case # A-2402-98-00218; Ruling:06/21/2000; John Whitfield; Disposition: The motion for rehearing filed by appellant is denied. Smith, P.J., Waller, Carlson and Cobb, JJ., would grant. The original opinions are withdrawn, and these opinions are substituted therefor.


EN BANC
XX 2000-CC-01115-SCT

Grand Casino Biloxi v. David Hallmark Harrison Circuit Court 2nd District; LC Case # A-2402-98-00218; Ruling:06/21/2000; John Whitfield; Majority Opinion: Diaz, J. Disposition: The motion for rehearing is denied. The original opinions are withdrawn, and these opinions are substituted therefor. Affirmed. Statutory penalty and post-judgment interest awarded. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae, P.J., Easley and Graves, JJ., Concur. Smith, P.J., Dissents With Separate Written Opinion Joined by Waller, Cobb and Carlson, JJ. Dissenting Opinion: Smith, P.J. Votes: Waller, Cobb and Carlson, JJ., Join This Opinion.


EN BANC
2000-CT-01337-SCT

Carson, David a/k/a David Devon Carson v. State of Mississippi Walthall Circuit Court; LC Case # 99-100-B; Ruling: 02/22/2000; Mike Smith; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by David Carson is extended until September 26, 2002. A final decision on whether to grant or deny the petition shall be entered on or before September 26, 2002. Order entered.


EN BANC
2000-CT-01353-SCT

Harris Propane, Inc., William T. Harris and Joseph P. Harris v. Mississippi Transportation Commission Warren Special Court of Eminent Domain; LC Case # 940916-CO; Ruling: 06/09/2000; H. Hosemann; Disposition: On Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Harris Propane, Inc., is extended until September 26, 2002. A final decision on whether to grant or deny the petition shall be entered on or before September 26, 2002. Order entered.


EN BANC
2000-CT-01869-SCT

Hearne, Allan K. v. City of Brookhaven, Mississippi Lincoln Circuit Court; LC Case # 2000-123; Ruling: 10/11/2000; Mike Smith; Disposition: Petition for writ of certiorari filed by Allan K. Hearne is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley and Carlson, JJ. Not Participating: Graves, J. Order entered.


EN BANC
2000-CT-01885-SCT

Adkins, Samuel, Individually and on Behalf of the Statutory Wrongful Death Beneficiaries of Linda Kay Adkins, Deceased v. Curren J. Sanders, M.D., and Sanders Clinic for Women, P.A. Lee Circuit Court; LC Case # 95-213-(F)L; Ruling: 09/26/2000; Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by Curren J. Sanders is granted. To Grant: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb and Carlson, JJ. To Deny: Diaz, Easley and Graves, JJ. Order entered.


EN BANC
2000-CT-01886-SCT

T.P.I. Restaurants, Inc. and Insurance Company of North America v. John Q. Stephens Chickasaw Circuit Court 1st District; LC Case # H93065; Ruling: 09/29/2000; Henry Lackey; Disposition: Petition for writ of certiorari filed by T.P.I. Restaurants, Inc., is denied. To Deny: All Justices. Order entered.


EN BANC
2000-CT-01986-SCT

Graves, Jerry D. a/k/a Jerry Donnell Graves v. State of Mississippi Hinds Circuit Court 1st District; LC Case # 251-00-461; Ruling: 11/09/2000; W. Yerger; Disposition: On Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed by Jerry D. Graves is extended until October 3, 2002. A final decision on whether to grant or deny the petition shall be entered on or before October 3, 2002. Order entered.


EN BANC
2000-CA-02050-SCT

The Harrison County Board of Supervisors v. Carlo Corporation, Inc. Harrison Circuit Court 2nd District; LC Case # 98-00269; Ruling: 08/01/2000; John Whitfield; Disposition: Motion for rehearing filed by appellee is granted. Easley, J., would deny. The original opinions are withdrawn, and these opinions are substituted therefor.


EN BANC
XX 2000-CA-02050-SCT

The Harrison County Board of Supervisors v. Carlo Corporation, Inc. Harrison Circuit Court 2nd District; LC Case # 98-00269; Ruling: 08/01/2000; John Whitfield; Majority Opinion: Waller, J. Disposition: The motion for rehearing is granted. The original opinions are withdrawn and these opinions are substituted therefor. Affirmed in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Diaz, Carlson and Graves, JJ., Concur. McRae, P.J., Concurs in Result Only. Easley, J., Dissents With Separate Written Opinion. Dissenting Opinion: Easley, J.


EN BANC
2001-CT-00082-SCT

Hackett, James a/k/a James Hatchett v. State of Mississippi Hinds Circuit Court 1st District; LC Case # 97-2-59; Ruling: 05/08/2000; W. Yerger; Disposition: Petition for writ of certiorari filed by James Hackett is denied. To Deny: All Justices. Order entered.


EN BANC
X 2002-BD-00424-SCT

The Mississippi Bar v. James Anthony Keith Majority Opinion: Carlson, J. Disposition: James Anthony Keith is hereby disbarred from the practice of law in the State of Mississippi. James Anthony Keith is taxed with all costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Waller, Cobb, Diaz, Easley and Graves, JJ., Concur.