09/06/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
X  2005-CA-00048-SCT

United American Insurance Company v. Natalie Merrill; Jasper Circuit Court 1st District; LC Case #: 10-0075; Ruling Date: 01/05/2005; Ruling Judge: Robert Evans; Majority Opinion: Randolph, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Lamar, JJ., Concur.

Raphael Goodwin, Jr., Administrator of the Estate of Barbara Gray Goodwin; Raphael Goodwin, Jr., Individually; Emma Delores Goodwin, a Minor, by and through Her Mother and Next Friend Valerie Hughes; and the Estate of Raphael Goodwin, Sr. v. Culpepper Enterprises, Inc., and APAC Mississippi, Inc.; Lauderdale Circuit Court; LC Case #: 02-CV-109(B); Ruling Date: 05/03/2006; Ruling Judge: Robert Bailey; Consolidated with 2006-IA-00975-SCT William Ivy v. Culpepper Enterprises, Inc., and APAC Mississippi, Inc.; Lauderdale County Court; LC Case #: CA-03-0444; Ruling Date: 05/22/2006; Ruling Judge: Franklin Coleman; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Randolph and Lamar, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion.

One South, Inc. v. George F. Hollowell, Jr., June H. Weathers and Williams S. Weathers; Washington Circuit Court; LC Case #: CI2005-19; Ruling Date: 04/18/2006; Ruling Judge: Richard Smith; Majority Opinion: Carlson, J. Disposition: The Washington County Circuit Court's Grant of Partial Summary Judgment in favor of the Guarantors, George F. Hollowell, Jr., June H. Weathers, and William S. Weathers, and against One South, Inc., is Affirmed; the Washington County Circuit Court's denial of One South, Inc.'s Motion for Summary Judgment is Affirmed in Part and Reversed in Part and Remanded for further proceedings consistent with this Opinion. Appellant and appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

AmSouth Bank v. Charles Quimby; Smith Circuit Court; LC Case #: 2005-59; Ruling Date: 05/10/2006; Ruling Judge: Robert Evans; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., and Graves, J., Concur in Result Only.

Huff-Cook, Inc., Peoples Benefit Life Insurance Company, and Veterans Life Insurance Company v. George Dale, Commissioner of Insurance of the State of Mississippi, Mississippi Life & Health Insurance Guaranty Association, and National Organization of Life and Health Insurance Guaranty Associations; Hinds Chancery Court 1st District; LC Case #: G99-908S2; Ruling Date: 05/17/2006; Ruling Judge: William Singletary; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Appellants taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Natchez Electric and Supply Co., Inc. v. Wayne Johnson d/b/a Johnson Electric; Forrest Circuit Court; LC Case #: CI97-0129; Ruling Date: 10/17/2003; Ruling Judge: Robert Helfrich; Disposition: The motion for rehearing filed by Natchez Electric and Supply Co., Inc., is granted. The prior opinions are withdrawn and these opinions are substituted therefor. The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The Judgment of the Forrest County Circuit Court is Reversed and this case is Remanded to the Forrest County Circuit Court for further proceedings in accordance with the Opinion of this Court. Diaz, P.J., Graves and Randolph, JJ., would deny. Lamar, J., not participating.

Natchez Electric and Supply Co., Inc. v. Wayne Johnson d/b/a Johnson Electric; Forrest Circuit Court; LC Case #: CI97-0129; Ruling Date: 10/17/2003; Ruling Judge: Robert Helfrich; Majority Opinion: Waller, P.J. Disposition: The motion for rehearing is granted. The prior opinions are withdrawn and these opinions are substituted therefor. The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. The Judgment of the Forrest County Circuit Court is Reversed and this case is Remanded to the Forrest County Circuit Court for further proceedings in accordance with this opinion. Appellee taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson and Dickinson, JJ., Concur. Diaz, P.J., Dissents With Separate Written Opinion Joined by Graves and Randolph, JJ. Lamar, J., not participating. Dissenting Opinion: Diaz, P.J. Votes: Graves and Randolph, JJ., Join This Opinion.

United American Insurance Company v. Natalie Merrill; Jasper Circuit Court 1st District; LC Case #: 10-0075; Ruling Date: 01/05/2005; Ruling Judge: Robert Evans; Disposition: Appellee's Substitute Second Motion to Dismiss the Appeal, or in the Alternative, for Other Sanctions and Motion to Modify the Record filed by counsel for Natalie Merrill is denied. Order entered.

Earnest Smith v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2004-0227-M; Ruling Date: 08/01/2005; Ruling Judge: Betty Sanders; Disposition: Petition for writ of certiorari filed pro se by Earnest Smith is denied. To Deny: All Justices. Order entered.

Willie Joe Wright v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 582-04; Ruling Date: 05/24/2005; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari and the Motion to Return Certiorari filed pro se by appellant are dismissed. Order entered.

Willie Joe Wright v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 582-04; Ruling Date: 05/24/2005; Ruling Judge: Robert Bailey; Disposition: Petition for writ of certiorari and the Motion to Return Certiorari filed pro se by appellant are dismissed. Order entered.

Daryl Morris a/k/a Darryl Morris v. State of Mississippi; Washington Circuit Court; LC Case #: 2004-0250; Ruling Date: 07/21/2005; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by Daryl Morris is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ. To Grant: Diaz, P.J., Graves and Lamar, JJ. Order entered.

Steve Windham, James E. Smith and Chad L. Garvin v. LATCO of Mississippi, Inc. and Fabral, Inc.; Scott Circuit Court; LC Case #: 2004-CV-190-SC-G; Ruling Date: 09/30/2005; Ruling Judge: V. Cotten; Disposition: Petition for writ of certiorari filed by Steve Windham, James E. Smith and Chad L. Garvin is granted. To Grant: Smith, C.J., Diaz, P.J., Easley, Carlson, Dickinson and Randolph, JJ. To Deny: Waller, P.J., and Graves, J. Not Participating: Lamar, J. Order entered.

James Franklin Putnam v. Christopher B. Epps; Harrison Circuit Court 1st District; LC Case #: A2401-2005-23600239; Ruling Date: 04/05/2006; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed pro se by James Franklin Putnam is denied. To Deny: All Justices. Order entered.

Oxford Land & Timber Company, Rex M. Deloach and Ruthann Ray v. Curtis Knight, Terry Lytal and Inside Oxford, Inc.; Lafayette Circuit Court; LC Case #: 2006-248(R); Ruling Date: 08/10/2006; Ruling Judge: Edwin Roberts, Jr.; Disposition: On the Court's own motion, this interlocutory appeal is dismissed as improvidently granted. All costs of this appeal are assessed against the appellants. Easley, J., not participating. Diaz, P.J., for the Court. Order entered.

Maryland Casualty Company v. Guy Anthony Layton; Harrison Circuit Court 1st District; LC Case #: A2401-04-024; Ruling Date: 10/03/2006; Ruling Judge: Jerry Terry, Sr.; Disposition: Joint Motion to Dismiss Appeal filed by Maryland Casualty Company and Guy Anthony Layton is granted. This appeal is hereby dismissed. All costs of this appeal shall be borne by the appellant, Maryland Casualty Company, and all such costs have been paid. Dickinson, J., for the Court. Order entered.