09/10/2009 - Hand Down and published opinions in WordPerfect/ZIP format

Waller, William L.
X  2008-CA-00778-SCT

Donna D. Zumwalt and Zumwalt, Inc. d/b/a Jones County Rest Home v. Jones County Board of Supervisors, South Central Regional Medical Center d/b/a Comfort Care Nursing Center and Mississippi State Department of Health.; Hinds Chancery Court 1st District; LC Case #: G2005-2343-W/4; Ruling Date: 04/16/2008; Ruling Judge: Patricia Wise; Majority Opinion: Waller, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Carlson and Graves, P.JJ., Dickinson, Randolph, Lamar, Kitchens, Chandler and Pierce, JJ., Concur.

Alvin Da'von Thompson v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 07-CV-032(W); Ruling Date: 09/26/2007; Ruling Judge: Lester Williamson, Jr.; Disposition: Petition for writ of certiorari filed pro se by Alvin Da'von Thompson is denied. To Deny: All Justices. Order entered.

Franklin Corporation v. Pauline Tedford, Lora Smith, Judy Haire and Samantha Mixon; Calhoun Circuit Court; LC Case #: C2004-110; Ruling Date: 07/26/2007; Ruling Judge: Andrew Howorth; Disposition: The motion for rehearing filed by Franklin Corporation is denied. The previous opinions of this Court are withdrawn and these opinions are substituted therefor. Affirmed.

Franklin Corporation v. Pauline Tedford, Lora Smith, Judy Haire and Samantha Mixon; Calhoun Circuit Court; LC Case #: C2004-110; Ruling Date: 07/26/2007; Ruling Judge: Andrew Howorth; Majority Opinion: Randolph, J. Disposition: The motion for rehearing filed by Franklin Corporation is denied. The previous opinions of this Court are withdrawn and these opinions are substituted therefor. Affirmed. Appellant taxed with costs of appeal. Votes: Waller, C.J., Carlson and Graves, P.JJ., Dickinson, Lamar, Kitchens, Chandler and Pierce, JJ., Concur. Graves, P.J., Specially Concurs with Separate Written Opinion. Dickinson, J., Specially Concurs with Separate Written Opinion Joined by Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ. Specially Concurring Opinion: Graves, P.J. Specially Concurring Opinion: Dickinson, J. Votes: Waller, C.J., Carlson, P.J., Randolph, Lamar and Pierce, JJ., Join This Opinion.

Barbara A. Price v. Omnova Solutions, Inc.; Lowndes Circuit Court; LC Case #: 2006-0120-CV1; Ruling Date: 08/22/2007; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by counsel for Barbara A. Price is denied. To Deny: All Justices. Order entered.

Kittle Heavy Hauling, Inc. and Cecil Higgerson v. M. Brian Raines, as Administrator of the Estate of Michael C. Raines, Deceased; Leflore Circuit Court; LC Case #: 2002-0043CI; Ruling Date: 02/21/2008; Ruling Judge: W. Hines; Disposition: Motion and Memorandum for Statutory Penalty filed by counsel for appellee is granted. The statutory penalty of fifteen (15) percent of the judgment is hereby assessed againt the appellants. The mandate shall be amended to read as follows: "Per Curiam Affirmance. Statutory Penalty Assessed Against Appellants." To Grant. All Justices. Order entered.

Mississippi Commission on Judicial Performance v. Solomon C. Osborne; LC Case #: 2006-117; Ruling Date: 07/09/2008; Ruling Judge: Franklin Coleman; Disposition: Motion for rehearing filed by Solomon C. Osborne is denied. Graves, P.J., and Kitchens, J., would grant.