Mississippi Supreme Court

Hand Down Lists
September 02, 1999

09/02/1999 - Hand Down and published opinions in WordPerfect/ZIP format

Cobb, Kay Beevers
X 1998-CA-01068-SCT

Mississippi, State of v. Loranth and Associates, Inc. Warren Chancery Court; LC Case#: 97396GN; Ruling Date: 05/13/1998; Ruling Judge: Vicki Barnes; Majority Opinion: Cobb, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Prather, C.J., Sullivan, P.J., Pittman, P.J., Banks, J., Smith, J., Mills, J., Waller, J., Concur. McRae, J., Concurs in result only.


EN BANC
93-KA-01197-SCT

Shaffer, Justin David v. State of Mississippi Jackson Circuit Court; LC Case#: 91104632; Ruling Date: 11/24/1992; Ruling Judge: Kathy Jackson; Disposition: Motion for rehearing, denied. Banks, J., would grant.


EN BANC
96-CT-00635-SCT

AIKEN, LAURA MAY, IN RE: LAST WILL AND TESTAMENT AND ESTATE OF MS. , deceased: Ruth Watkins, Stella Sharp, Roberta McDevitt v. Carolyn Tillman and Daniel J. O'Beirne, Executor AND Daniel J . O'Beirne, Executor v. Carolyn Tillman and Roberta McDevitt Adams Chancery Court; LC Case#: 37224; Ruling Date: 03/22/1996; Ruling Judge: J. Clark; 96-CT-00702-SCT IN RE: LAST WILL AND TESTAMENT AND ESTATE OF MS. LAURA MAY AIKEN, deceased: Ruth Watkins, Stella Sharp, Roberta McDevitt v. Carolyn Tillman and Daniel J. O'Beirne, Executor AND Daniel J. O'Beirne, Executor v. Carolyn Tillman and Roberta McDevitt Adams Chancery Court; LC Case#: 37224; Ruling Date: 05/30/1996; Ruling Judge: Disposition: Petition for writ of certiorari filed by Daniel J. O'Beirne, denied. To Deny: All Justices. Order entered.


EN BANC
96-CT-00941-SCT

Peterson, Jon Kurrie v. State of Mississippi Harrison Circuit Court 1st District; LC Case#: 9500755; Ruling Date: 04/19/1996; Ruling Judge: Robert Walker; Disposition: Petition for writ of certiorari filed by Jon Kurrie Peterson, denied. To Deny: All Justices. Order entered.


EN BANC
XX 96-CT-01326-SCT

Clark, Terrence a/k/a Terrance Clark a/k/a "Pooh-Poo" v. State of Mississippi Chickasaw Circuit Court 1st District; LC Case#: HK96005; Ruling Date: 09/19/1996; Ruling Judge: Henry Lackey; Majority Opinion: Waller, J. Disposition: Motion for rehearing, denied. The original opinion is withdrawn and this opinion is substituted therefor. Reversed and Remanded. Chickasaw County taxed with costs of appeal. Votes: Pittman, P.J., Banks, J., Smith, J., Mills, J., Cobb, J., Concur. Concurring in Part and Dissenting in Part Opinion:Prather, C.J.Votes: Sullivan, P.J., McRae, J., Join. Disposition: Clark's Motion to Strike the Appellee's Response to Motion for Rehearing, granted. The response to the motion for rehearing filed in this matter by the State shall be stricken from the record. Order entered. Disposition: Petitioner's motion to expedite, denied. Order entered.


EN BANC
X 97-CA-00265-SCT

Mississippi, State of v. William Henry Pittman a/k/a William H. Pittman, Jr. Rankin Circuit Court; LC Case#: 16394; Ruling Date: 01/22/1997; Ruling Judge: T. Wicker; Majority Opinion: Banks, J. Disposition: Pittman's motion for rehearing, granted. The original opinions are withdrawn, and this opinion is substituted therefor. Affirmed. Rankin County taxed with costs of appeal.Votes: Prather, C.J., Sullivan, P.J., McRae, J., Mills, J., Cobb, J., Concur. Pittman, P.J., Smith, J., Waller, J., Not Participating.


EN BANC
97-CT-00369-SCT

THOMAS, FRANCES W. ,IN THE MATTER OF THE ESTATE OF DECEASED: Thomas Calvin Wells, John Pope Wells and William Paul Wells, Executors of the Estate of Frances W. Thomas, Deceased v. Frances P. Evans, Beneficiary Lowndes Chancery Court; LC Case#: 12854; Ruling Date: 02/13/1997; Ruling Judge: Woodrow Brand, Jr.; Disposition: Petition for writ of certiorari filed by Frances P. Evans, denied. To Deny: Sullivan and Pittman, P.JJ., Banks, McRae, Smith, Waller and Cobb, JJ. To Grant: Mills, J. Not Participating: Prather, C.J. Order entered.


EN BANC
97-CT-00500-SCT

Bell, Rodney v. State of Mississippi Lowndes Circuit Court; LC Case#: 12613; Ruling Date: 05/21/1993; Ruling Judge: John Montgomery; Disposition: Petition for writ of certiorari filed by Rodney Bell, denied. To Deny: Pittman, P.J., McRae, Smith, Mills, Waller and Cobb, JJ. To Dismiss as Untimely: Sullivan, P.J., and Banks, J. Not Participating: Prather, C.J. Order entered


EN BANC
XX 97-CA-01083-SCT

Mississippi Gaming Commission, General Paul A. Harvey, in His Official Capacity as Executive Director of the Mississippi Gaming Commission, W. W. Gresham, Jr., Robert Engram and Victor P. Smith, all in Their Official Capacity as Commissioners of the Mis v. Imperial Palace of Mississippi, Inc., a Nevada Corporation Harrison Chancery Court 2nd District; LC Case#: 97871; Ruling Date: 08/11/1997; Ruling Judge: J. Randall, Jr.; Majority Opinion: Banks, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Prather, C.J., Smith, J., Waller, J., Cobb, J., Concur. Mills, J., Concurs in result only. Dissenting Opinion: Pittman, P.J. Votes: Sullivan, P.J., McRae, J., Join.


EN BANC
97-CT-01220-SCT

Gayle, Dennis C. a/k/a Dennis Caral Gayle v. State of Mississippi Jackson Circuit Court; LC Case#: 9610193; Ruling Date: 07/31/1997; Ruling Judge: Kathy Jackson; Disposition: Petition for writ of certiorari filed by Dennis C. Gayle, denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Smith, Mills and Cobb, JJ. To Grant: McRae and Waller, JJ. Order entered.


EN BANC
X 97-CT-01376-SCT

ABC Manufacturing Corporation and Continental Casualty Company (CNA Insurance Company) v. Martha Jane Doyle Benton Circuit Court; LC Case#: B96063; Ruling Date: 09/24/1997; Ruling Judge: Henry Lackey; Majority Opinion: Waller, J. Disposition: Reversed and Remanded. ABC Manufacturing Corporation and Continental Casualty Company (CNA Insurance Company) taxed with all costs of this appeal. Votes: Prather, C.J., Pittman, P.J., Banks, J., McRae, J., Smith, J., Mills, J., Cobb, J., Concur. Sullivan, P.J., Not Participating.


EN BANC
XXX 97-CA-01465-SCT

W., L. , Individually and as Next Friend of her Son, J. A. v. The McComb Separate Municipal School District and Unknown John Does 1-5 Pike Circuit Court; LC Case#: 970004; Ruling Date: 10/09/1997; Ruling Judge: Keith Starrett; Majority Opinion: Smith, J. Disposition: Motion for rehearing, denied. The original opinion is withdrawn and this opinion is substituted therefor. Reversed and remanded for proceedings consistent with the opinion of this Court. Appellee taxed with costs of appeal. Votes: Prather, C.J., Mills, J., Waller, J., Cobb, J., Concur. Concurring in Part Opinion: Banks, J. Votes: Prather, C.J., Smith, J., Waller, J., Cobb, J., Join. Concurring in Part and Dissenting in Part Opinion: McRae, J. Votes: Sullivan, P.J., Pittman, P.J., Joins. Disposition: Motion for Appellee and Amicus Curiae to Make Brief Sufficient under Rule 28(a)(1), denied. Order entered.


EN BANC
XX 97-IA-01542-SCT

Tupelo, City of v. Heather J. Martin; Judy Smith, As Mother and Court Appointed Conservator of the Person and Estate of William Greg Smith; Annette McKay, Mother and Representative of the Heirs at Law of Lisa May, Deceased; Mamie Ivy, Mother and Representative of the Heirs Lee Circuit Court; LC Case#: 97193; Ruling Date: 12/18/1997; Ruling Judge: Frank Russell; Consolidated With 97-IA-01624-SCT City of Tupelo v. Heather J. Martin; Judy Smith, As Mother and Court Appointed Conservator of the Person and Estate of William Greg Smith; Annette McKay, Mother and Representative of the Heirs at Law of Lisa May, Deceased; Mamie Ivy, Mother and Representative of the Heirs at Law of Calandra C. Ivy, Deceased; Frankie M. Hughes, Mother and Representative of the Heirs at Law of Chris Hughes, Deceased; Delmontez Magee, Pamela Louise Harris and Lorie Lee Armstrong ; Lee Circuit Court; LC Case#: 96127; Ruling Date: 12/18/1997; Ruling Judge: Frank Russell; Consolidated With 97-IA-01647-SCT City of Tupelo v. Willie Paul Dixon, Father and Legal Heir at Law of Marcus Dixon, Deceased; Lee Circuit Court; LC Case#: 97212RL; Ruling Date: 12/18/1997; Ruling Judge: Frank Russell; Consolidated With 97-IA-01648-SCT City of Tupelo v. Annie Pearl Stevens, Mother and Legal Heir at Law of Yusef McKinley, Deceased Lee Circuit Court; LC Case#: 97193RL; Ruling Date: 12/18/1997; Ruling Judge: Frank Russell; Majority Opinion: Waller, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Prather, C.J., Pittman, P.J., Banks, J., Smith, J., Mills, J., Cobb, J., Concur. Dissenting Opinion: McRae, J. Votes: Sullivan, P.J., Joins.


EN BANC
XX 98-CA-00237-SCT

Owens, Lucille v. Dr. Keith R. Thomae, Dr. William N. Dixon, Dr. Yong W. Kim and John Does 1 Through 20 Hinds Circuit Court 1st District; LC Case#: 97699CIV; Ruling Date: 12/11/1997; Ruling Judge: W. Yerger; Majority Opinion: Smith, J. Disposition: Affirmed in Part; Reversed and Remanded in Part for proceedings consistent with the opinion of this Court. Appellant and Appellee taxed with costs of appeal. Votes: Prather, C.J., Banks, J., Mills, J., Waller, J., Cobb, J., Concur. Concurring in Part and Dissenting in Part Opinion: McRae, J. Votes: Sullivan, P.J., Pittman, P.J., Join.


EN BANC
98-CA-00368-SCT

Adams, Dennis and Rita Adams v. U. S. Homecrafters, Inc. Harrison Circuit Court 1st District; LC Case#: 9400049; Ruling Date: 09/11/1997; Ruling Judge: Jerry Terry, Sr.; Disposition: Motion for rehearing, denied. Mills, J., would grant.


EN BANC
X 98-CT-00494-SCT

Sharp, Gregory A. and wife, Vickie Lynn Sharp v. Shirley Douglas White Oktibbeha Chancery Court; LC Case#: 970071; Ruling Date: 12/08/1997; Ruling Judge: Robert Lancaster; Majority Opinion: Sullivan, P.J. Disposition: Reversed and Rendered. Shirley Douglas White taxed with all costs of this appeal. Votes: Prather, C.J., Pittman, P.J., Banks, J., McRae, J., Smith, J., Mills, J., Waller, J., Cobb, J., Concur.


EN BANC
98-CT-00512-SCT

Adams, Katherine A. v. Lemuria, Inc., A Member of the MUBA Self-Insurers' Fund Hinds Circuit Court 1st District; LC Case#: 97116CIV; Ruling Date: 12/02/1997; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by Lemuria, Inc., denied. To Deny: Prather, C.J., Sullivan and Pittman, P.JJ., Banks, Smith, Mills, Waller and Cobb, JJ. To Grant: McRae, J. Order entered


EN BANC
1998-CA-01210-SCT

Jones, Sarah, Lottie Still and James L. Still v. The Mississippi Department of Transportation, Tunica County, Tunica County Board of Supervisors and Other Unknown Defendants Tunica Circuit Court; LC Case#: 960014; Ruling Date: 06/11/1998; Ruling Judge: Elzy Smith, Jr.; 1998-CA-01211-SCT James L. Still and Lottie Still v. Mississippi Department of Transportation, Tunica County, Tunica County Board of Supervisors and Other Unknown Defendants; Tunica Circuit Court; LC Case#: 960015; Ruling Date: 06/11/1998; Ruling Judge: Elzy Smith, Jr.; Disposition: Motion for rehearing, denied. Mills, J., would grant.


EN BANC
1998-CA-01210-SCT

Jones, Sarah , Lottie Still and James L. Still v. The Mississippi Department of Transportation, Tunica County, Tunica County Board of Supervisors and Other Unknown Defendants Tunica Circuit Court; LC Case#: 960014; Ruling Date: 06/11/1998; Ruling Judge: Elzy Smith, Jr.; 1998-CA-01211-SCT James L. Still and Lottie Still v. Mississippi Department of Transportation, Tunica County, Tunica County Board of Supervisors and Other Unknown Defendants; Tunica Circuit Court; LC Case#: 960015; Ruling Date: 06/11/1998; Ruling Judge: Elzy Smith, Jr.; Disposition: Appellees' Petition to Supplement the Record, denied. Order entered.


EN BANC
1999-M-00845

Brister, Clayton, Jr. v. Lawrence County School District and Estate of James A. Blackmon, Deceased Lawrence Chancery Court; LC Case#: 98-0069; Ruling Date:; Ruling Judge: J. Buffington; Disposition: "Petition for Permission to Appeal and to Stay Enforcement of Chancery Court Order and Trial Setting Pending Appeal" filed by the Lawrence County School District, granted. The order handed down on May 21, 1999, staying this matter shall remain in effect until such time as this Court renders a decision on the merits of this appeal. McRae, J., would deny. Sullivan, P.J., not participating. Order entered.


Cobb, Kay Beevers
1999-BD-01249-SCT

Marshall, In Re: The Irrevocable Resignation of Jimmie D. Disposition: Irrevocable Resignation of an Attorney filed by Jimmie D. Marshall in which he requests permission to resign with prejudice from The Mississippi Bar, granted. Order entered.


EN BANC
1999-BD-01361-SCT

Bar, The Mississippi v. Attorney OOO Disposition: Attorney OOO shall respond to the Order to Show Cause within thirty (30) days of the date the clerk effectuates the mailing of said order. Order to Show Cause entered.


EN BANC
1999-BD-01373-SCT

Bar, The Mississippi v. Attorney PPP Disposition: Attorney PPP shall respond to the Order to Show Cause within thirty (30) days of the date the clerk effectuates the mailing of said order. Order to Show Cause entered