09/11/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Easley, Chuck
X  2007-CA-01790-SCT

William E. Marquez, III v. Charles J. Imbornone and Judith L. Imbornone; Hancock Chancery Court; LC Case #: C2301-00-00794; Ruling Date: 09/07/2007; Ruling Judge: Carter Bise; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Frances Spann, Yolanda Thomas and Demetreal Barber v. Shuqualak Lumber Co., Inc.; Noxubee Circuit Court; LC Case #: 2005-0107; Ruling Date: 04/11/2007; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Diaz, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only. Smith, C.J., not participating.

In Re: Uniform Rules of Circuit and County Court Practice; Disposition: Rule 4.07 and Appendix B of the Uniform Rules of Circuit and County Court Practice, as set forth in Exhibit "A" to the order, are hereby adopted for use only in a pilot program as described in the order in the county courts of three Mississippi counties: Jones, Lee and Rankin. The County Courts of Jones, Lee and Rankin Counties are authorized to adopt the Rule for Expedited Small Claims as a local rule, and any conflicting rules are suspended for the duration of the pilot program. This pilot program will take effect on October 1, 2008, and terminate on September 30, 2010, subject to any further order of this court extending, terminating, or otherwise modifying the pilot program. The county court shall forward a copy of its order designating an eligible case as subject to the Rule for Expedited Small Claims to all parties and to the Administrative Office of the Courts. In addition, the county court shall forward a copy of its disposition order in that case to the Administrative Office of the Courts. The Administrative Office of the Courts shall maintain a record of all cases proceeding under the Rule and subject to this Court's discretion, the Advisory Committee on Rules may survey the parties and their attorneys about the operation of the Rule. The Clerk of this Court shall spread this order upon the minutes of this Court and shall forward a certified copy to West Publishing Company for publication in the Southern Reporter, Second Series, (Mississippi Edition) and the Mississippi Rules of Court; the county court judges and the circuit clerks in Jones, Lee and Rankin Counties; the Administrative Office of the Courts; and the Chair of the Advisory Committee. Agree: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. Disagree: Easley, J. Order entered.

Earlene Colburn v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 2003-041; Ruling Date: 05/05/2005; Ruling Judge: Andrew Howorth; Disposition: Petition for writ of certiorari filed by Earlene Colburn is denied. To Deny: All Justices. Order entered.

Bonnie Carter Burks v. Mississippi Transportation Commission; Winston Special Court of Eminent Domain; LC Case #: 2000-13-CVL; Ruling Date: 05/22/2006; Ruling Judge: Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by the Mississippi Transportation Commission is denied. To Deny: Diaz, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ. To Grant: Smith, C.J., Waller, P.J., and Graves, J. Order entered.

Lisa Jo Chamberlin v. State of Mississippi; Forrest Circuit Court; LC Case #: 04-715CR; Ruling Date: 08/04/2006; Ruling Judge: Robert Helfrich; Disposition: Motion for rehearing filed by appellant is denied. Diaz, P.J., would grant.

Charles P. Baker v. IGA Super Valu Food Store and Mississippi Insurance Guaranty Association; Warren Circuit Court; LC Case #: 06,0156-CI; Ruling Date: 02/13/2007; Ruling Judge: Frank Vollor; Disposition: Petition for writ of certiorari filed by Charles P. Baker is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves and Lamar, JJ. To Grant: Easley, Dickinson and Randolph, JJ. Order entered.

In the Matter of the Last Will and Testament of Myrtle Estelle Moore Boyles, Deceased: Peggy Windham, Dorothy Gibbons, Bobby Barnes, Robert D. Boyles, James C. Boyles, Rachel G. Russum, Willie J. Gaskin and Bobby J. Boyles v. Jane P. Tadlock and Robert B. Tadlock; Smith Chancery Court; LC Case #: 2002-185; Ruling Date: 11/27/2006; Ruling Judge: J. Buffington; Disposition: Petition for writ of certiorari filed by Peggy Windham, et al., is denied. To Deny: All Justices. Order entered.

Michael L. Bridge v. Mayor and Board of Aldermen of the City of Oxford, Mississippi, Lucy Lynn Robinson, Mary Sue Robinson and Ralph Coleman; Lafayette Circuit Court; LC Case #: L05-428; Ruling Date: 03/19/2007; Ruling Judge: Robert Elliott; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Diaz, P.JJ., Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Smith, C.J., Dissents with Separate Written Opinion Joined by Dickinson, J. Lamar, J., not participating. Dissenting Opinion: Smith, C.J. Votes: Dickinson, J., Joins This Opinion.

Brian Sneed v. State of Mississippi; Quitman Circuit Court; LC Case #: 2006-0080; Ruling Date: 04/13/2007; Ruling Judge: Charles Webster; Disposition: Petition for writ of certiorari filed by Brian Sneed is denied. To Deny: All Justices. Order entered.

Baker Donelson Bearman, Caldwell & Berkowitz, P.C. and William N. Reed v. Sam Seay; Hinds Circuit Court 1st District; LC Case #: 251-05-477; Ruling Date: 05/14/2008; Ruling Judge: Tomie Green; Disposition: Joint Motion to Stay Trial Court Proceedings filed by counsel for appellants is granted. All proceedings in cause number 251-05-477CIV, Circuit Court of Hinds County, Mississippi, are stayed pending this Court's decision in the interlocutory appeal. Diaz, P.J., and Graves, J., would deny. Order entered.

In the Interest of P.P. and A.P.; Warren Youth Court; LC Case #: 07-229; Ruling Date: 05/16/2008; Ruling Judge: John Price, Jr.; Disposition: On the Court's own motion, the interlocutory appeal previously granted on or about July 10, 2008, is hereby dismissed as moot. The stay imposed by this Court is hereby lifted. To Dismiss as Moot: Smith, C.J., Waller and Diaz, P. JJ., Easley, Carlson, Randolph and Lamar, JJ. To Grant: Graves, J. Not Participating: Dickinson, J. Order entered.