Hand Down Lists
September 12, 1996
Michael P. Mills, J.
U 93-KP-00236-SCT
Manzie, Marilyn Ann v. State of Mississippi
Appeal No. 14381 from Judgment dated JANUARY 08, 1993, Forrest County Circuit Court; Lower Court's Denial of Post-Conviction Relief Affirmed. Forrest County is taxed with all costs of this appeal.
Michael P. Mills, J.
XXX 93-CA-00441-SCT
Board of Trustees of the Pascagoula Municipal Separate School District and Dr. George Ayers, IN THE INTEREST OF T. H., III, a Minor v. T. H., III, a Minor, By and Through His Parents and Next Friends, T. H., Jr. and M. A. H.
Appeal No. 12291 from Judgment dated APRIL 12, 1993, Jackson County Youth Court; Affirmed in Part; Modified in Part; and Remanded for further proceedings consistent with the Opinion of this Court. Banks, J., Concurs with Separate Written Opinion. McRae, J., Dissents with Separate Written Opinion joined by Lee, C.J. Appellant and Appellee are equally taxed with all costs of this appeal.
Michael P. Mills, J.
X
93-CA-00663-SCT
Boone, Trenette and Johnny Staten v. Wal-Mart Stores, Inc.
Appeal No. 2960 from Judgment dated MAY 27, 1993, Leake County Circuit Court; Reversed and Remanded for proceedings consistent with the Opinion of this Court. Appellee is taxed with all costs of this appeal.
James W. Smith, J.
U 93-CA-00337-SCT
Taylor, Tammy, By and Through Gwin T. Taylor, Father and Next Friend; Amy Taylor, By and Through Gwin T. Taylor, Father and Next Friend; Thomas R. Taylor, By and Through James Taylor, Father and Next Friend; Sonja O'Quinn and Monte Redditt v. Church of Christ in Vicksburg, Inc.
Appeal No. 15790 from Judgment dated JANUARY 28, 1993, Warren County Circuit Court; Judgment Affirmed. Appellant is taxed with all costs of this appeal.
James W. Smith, J.
X
93-CA-00661-SCT
Hopewell Enterprises, Inc., Billy E. Hammons and Betty P. Hammons v. Trustmark National Bank
Appeal No. 26397 from Judgment dated MAY 10, 1993, Copiah County Chancery Court; Affirmed in Part, Reversed and Rendered in Part. Lee, C.J., and Prather, P.J., Not Participating. All costs of this appeal are taxed equally to the appellants and appellee.
James W. Smith, J.
UU 95-KP-00657-SCT
Bridges, Michael v. State of Mississippi
Appeal No. 94094CV from Judgment dated MAY 12, 1995, Lowndes County Circuit Court; Lower Court's Denial of Post-Conviction Relief Affirmed. Banks, J., Dissents with Separate Written Opinion joined by Sullivan, P.J. Lowndes County is taxed with all costs of this appeal.
James L. Roberts Jr., J.
XXX
93-CA-00523-SCT
Evans, Bill, Edward McCain, Barbara Fleming, Peacock Tree Surgery, Inc., and Carl Perry v. Boyle Flying Service, Inc.
Appeal No. 8235 from Judgment dated APRIL 06, 1993, Bolivar County Circuit Court, Second Judicial District; Judgment is Affirmed. Banks, J., Concurs with Separate Written Opinion. McRae, J., Dissents with Separate Written Opinion. Appellant is taxed with all costs of this appeal.
Chuck McRae, J.
XX
93-CA-01337-SCT
Wilks, Jeanette, Daughter of Anderson Smith, Deceased, Individually, and on Behalf of All Wrongful Death Beneficiaries and the Estate of Anderson Smith, Deceased, and Jessie Willie Bell v. The American Tobacco Company and New Deal Tobacco and Candy, Inc.
Appeal No. 9112355BW from Judgment dated JUNE 23, 1993, Washington County Circuit Court; On Direct Appeal: Affirmed. On Cross Appeal: Denied. Mills, J., Concurs in result only. Banks, J., Concurs with Separate Written Opinion joined by Lee, C.J., and Prather, P.J. Appellants are taxed with all costs of this appeal.
Fred L. Banks, J.
U 93-KP-00744-SCT
Alexander, Eric Dawn a/k/a Eric Don Alexander a/k/a Eric Don Anderson v. State of Mississippi
Appeal No. 923801 from Judgment dated MARCH 26, 1993, George County Circuit Court; Lower Court's Denial of Post-Conviction Relief Affirmed. George County is taxed with all costs of this appeal.
Edwin Lloyd Pittman, J.
X
92-CA-00996-SCT
Willard, Carolyn v. Paracelsus Health Care Corporation, Paracelsus Senatobia Community Hospital, Inc., Carolyn Revel and Danny Swindle
Appeal No. CI90203BT from Judgment dated AUGUST 12, 1992, Tate County Circuit Court; CONSOLIDATED WITH: 92-CA-01274-SCT Bettie Sue Sumner v. Paracelsus Health Care Corporation, Paracelsus Senatobia Community Hospital, Inc., and Carolyn Revel; Appeal No. CI90274CT from Judgment dated NOVEMBER 07, 1992, Tate County Circuit Court; CONSOLIDATED WITH: 93-CA-00021-SCT Bettie Sue Sumner v. Paracelsus Health Care Corporation, Paracelsus Senatobia Community Hospital, Inc., and Carolyn Revel; Appeal No. CI90274CT from Judgment dated NOVEMBER 10, 1993, Tate County Circuit Court; Reversed and Remanded for a new trial consistent with the Opinion of this Court. Lee, C.J., and Mills, J., Not Participating. Appellees are taxed with all costs of this appeal.
Edwin Lloyd Pittman, J.
92-CA-01274-SCT
Sumner, Bettie Sue v. Paracelsus Health Care Corporation, Paracelsus Senatobia Community Hospital, Inc., and Carolyn Revel
Appeal No. CI90274CT from Judgment dated NOVEMBER 07, 1992, Tate County Circuit Court; CONSOLIDATED WITH: 92-CA-00996-SCT Carolyn Willard v. Paracelsus Health Care Corporation, Paracelsus Senatobia Community Hospital, Inc., Carolyn Revel and Danny Swindle; Appeal No. CI90203BT from Judgment dated AUGUST 12, 1992, Tate County Circuit Court; CONSOLIDATED WITH: 93-CA-00021-SCT Bettie Sue Sumner v. Paracelsus Health Care Corporation, Paracelsus Senatobia Community Hospital, Inc., and Carolyn Revel; Appeal No. CI90274CT from Judgment dated NOVEMBER 10, 1993, Tate County Circuit Court; Reversed and Remanded for a new trial consistent with the Opinion of this Court. Lee, C.J., and Mills, J., Not Participating. Appellees are taxed with all costs of this appeal.
Edwin Lloyd Pittman, J.
93-CA-00021-SCT
Sumner, Bettie Sue v. Paracelsus Health Care Corporation, Paracelsus Senatobia Community Hospital, Inc., and Carolyn Revel
Appeal No. CI90274CT from Judgment dated NOVEMBER 10, 1993, Tate County Circuit Court; Reversed and Remanded for a new trial consistent with the Opinion of this Court. Lee, C.J., and Mills, J., Not Participating. Appellees are taxed with all costs of this appeal. CONSOLIDATED WITH: 92-CA-00996-SCT Carolyn Willard v. Paracelsus Health Care Corporation, Paracelsus Senatobia Community Hospital, Inc., Carolyn Revel and Danny Swindle; Appeal No. CI90203BT from Judgment dated AUGUST 12, 1992, Tate County Circuit Court; CONSOLIDATED WITH: 92-CA-01274-SCT Bettie Sue Sumner v. Paracelsus Health Care Corporation, Paracelsus Senatobia Community Hospital, Inc., and Carolyn Revel; Appeal No. CI90274CT from Judgment dated NOVEMBER 07, 1992, Tate County Circuit Court.
Edwin Lloyd Pittman, J.
93-CA-00994-SCT
Wayne Poultry Division of Continental Grain Company, a Foreign Corporation v. Larry D. Shoemake and wife, Betty W. Shoemake, Billy Davis and wife, Martha Davis, Dennis Crosby and Udell Crosby
Appeal No. 90468 from Judgment dated APRIL 27, 1993, Jones County Circuit Court, Second Judicial District; Joint Motion to Dismiss Appeal granted. Appeal dismissed. Each party is to bear its own costs. Order entered.
Michael Sullivan, P.J.
X
93-CA-00393-SCT
City of Houston, Mississippi v. Tri-Lakes Limited and Joseph Phillip Yarbrough
Appeal No. 92001MC from Judgment dated MARCH 17, 1993, Chickasaw County Circuit Court, First Judicial District; Affirmed. McRae, J., Concurs in result only. Mills, J., Not Participating. Appellant is taxed with all costs of this appeal.
Michael Sullivan, P.J.
U 93-CA-00433-SCT
McMullan, Charles, Robert Wayne Thornton, and Scotty Brown v. City of Laurel, Mississippi
Appeal No. 919127 from Judgment dated FEBRUARY 18, 1993, Jones County Circuit Court, Second Judicial District; Affirmed. Appellant is taxed with all costs of this appeal.
Lenore L. Prather, P.J.
X
93-CA-00289-SCT
Cappaert, F. L. v. Walker, Bordelon, Hamlin, Theriot and Hardy
Appeal No. 15959 from Judgment dated FEBRUARY 16, 1993, Warren County Circuit Court; CONSOLIDATED WITH: 93-CA-00290-SCT Wren C. Way v. Walker, Bordelon, Hamlin, Theriot and Hardy; Appeal No. 15960 from Judgment dated FEBRUARY 16, 1993, Warren County Circuit Court; Judgment is Affirmed. McRae, J., Concurs in result only. Lee, C.J., Not Participating. Appellant is taxed with all costs of this appeal.
Lenore L. Prather, P.J.
93-CA-00290-SCT
Way, Wren C. v. Walker, Bordelon, Hamlin, Theriot and Hardy
Appeal No. 15960 from Judgment dated FEBRUARY 16, 1993, Warren County Circuit Court; Judgment is Affirmed. McRae, J., Concurs in result only. Lee, C.J., Not Participating. Appellant is taxed with all costs of this appeal; CONSOLIDATED WITH: 93-CA-00289-SCT F. L. Cappaert v. Walker, Bordelon, Hamlin, Theriot and Hardy; Appeal No. 15959 from Judgment dated FEBRUARY 16, 1993, Warren County Circuit Court.
Dan M. Lee, C.J.
U 93-CA-01264-SCT
York, Wanda v. Frederick B. Carlton, Jr., M. D.
Appeal No. 12168 from Judgment dated APRIL 27, 1993, Lafayette County Circuit Court; Affirmed. Appellant is taxed with all costs of this appeal.
Dan M. Lee, C.J.
XX
95-CA-01090-SCT
Cummings, Ricky and The Democratic Party of the State of Mississippi v. Betty Benderman and Lamar Skinner
Appeal No. 95309 from Judgment dated OCTOBER 17, 1995, Alcorn County Circuit Court; Reversed and Rendered. Banks, J., Concurs with Separate Written Opinion joined by Prather and Sullivan, P.JJ.; Lee, C.J., joins this opinion in part. Mills, J., Not Participating. Appellees are taxed with all costs of this appeal.
EN BANC
89-R-99018-SCT
In Re: Rules of Professional Conduct
DISPOSITION - Petition of The Mississippi Bar to amend Rule 6.1 of the Mississippi Rules of Professional Conduct granted. Rule 6.1 is hereby amended as set forth in Exhibit A to this Order. Pittman, McRae and Mills, JJ., would deny. Order entered.
EN BANC
XX
91-CA-00906-SCT
Mansour, John, Individually, and John Mansour d/b/a Mansour's Shoes, and John Monsour d/b/a Mansour's v. Charmax Industries, Inc., d/b/a D'Rossana (Division of Tuscany Shoes)
Appeal No. 11171 from Judgment dated AUGUST 29, 1991, Washington County Circuit Court; Motion for Rehearing denied. The original opinion is withdrawn and these opinions are substituted therefor. Affirmed in Part; Reversed in Part. Prather, P.J., Lee, C.J., Pittman, Banks, and Smith, JJ., Concur. McRae, J., Dissents with Separate Written Opinion joined by Sullivan, P.J., Roberts and Mills, JJ. Appellant and Appellee are taxed equally with all costs of this appeal.
EN BANC
91-CA-01124-SCT
Dixie Insurance Company v. James Mooneyhan and Jewell Marie Mooneyhan
Appeal No. 7792 from Judgment dated AUGUST 14, 1991, Coahoma County Circuit Court; DISPOSITION - Motion for Rehearing denied.
EN BANC
X
92-CA-00362-SCT
Ducker, Ferris and Irene Ducker, Individually and as Parents and Next Friends of Hollie D. Ducker, their Daughter v. William R. Moore, Administrator of the Estate of Joe K. Moore, M. D., Deceased
Appeal No. 11571 from Judgment dated JANUARY 14, 1991, Lafayette County Circuit Court; Judgment Affirmed. McRae, J., Lee, C.J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts, Smith and Mills, JJ., Concur. Appellants are taxed with all costs of this appeal.
EN BANC
X
92-KA-00410-SCT
Davis, Ricky v. State of Mississippi
Appeal No. 7198 from Judgment dated MARCH 11, 1992, Clarke County Circuit Court; COUNT I: Conviction of simple robbery and Sentence of life in the custody of the Mississippi Department of Corrections Affirmed. COUNT II: Conviction of aggravated assault and Sentence of life in the custody of the Mississippi Department of Corrections Affirmed. Sentence in Count II shall run concurrent with Sentence in Count I. Sentence shall not be reduced or suspended and appellant shall not be eligible for parole under Miss. Code Ann. Section 99-19-83. McRae, J., Prather and Sullivan, P.JJ., Pittman, Banks, Roberts and Smith, JJ., Concur. Lee, C.J. and Mills, J., Concur in results only. Clarke County is taxed with all costs of this appeal.
EN BANC
93-CA-00616-SCT
State of Mississippi, for the Use and Benefit of Phil Floyd and Elizabeth Floyd, Individually, and as Next Friends of Coadye Lynn Floyd, A Minor v. Washington County, Mississippi; The Board of Supervisors of Washington County, Mississippi being Jamie McGowin, Luther Alexander, Lon Pepper, Alfred Rankins, Sr., and Elsie Ruth Abraham, Individually, and in Their Official Capacities, et al.
Appeal No. 9212545EW from Judgment dated MAY 24, 1993, Washington County Circuit Court; DISPOSITION - Motion for Rehearing denied. McRae, J., would grant. Mills, J., Not Participating.
EN BANC
93-CT-00711-SCT
Precision Interlock Log Homes, Inc. d/b/a Yesteryear Log Homes, Inc. and Jerald O'Neal v. Odis H. O'Neal, Jr. and Pamela O'Neal
Appeal No. 8890 from Judgment dated FEBRUARY 22, 1993, George County Chancery Court; DISPOSITION - Petition for Writ of Certiorari filed by Precision Interlock Log Homes, Inc., granted. To Grant: Lee, C.J., Prather, P.J., Roberts, Smith and Mills, JJ. To Deny: Sullivan, P.J., Pittman, Banks and McRae, JJ. Order entered.
EN BANC
95-CT-00095-SCT
Dresser-Rand Company v. Arkwright Mutual Insurance Company
Appeal No. 94059 from Judgment dated DECEMBER 28, 1994, Yazoo County Circuit Court; DISPOSITION - Petition for Writ of Certiorari filed by Dresser-Rand Company denied. To Deny: Lee, C.J., Banks, McRae, Roberts, Smith and Mills, JJ. To Grant: Prather and Sullivan, P.JJ., and Pittman, J. Order entered.
EN BANC
96-BD-00643-SCT
Mississippi Bar v. Patrick Spencer McCarthy
Appeal No. 96BD643 from Judgment dated JUNE 21, 1996,; Joint Formal Complaint for Disbarment granted. Patrick Spencer McCarthy is hereby disbarred upon entry of this order. Pittman, J., Lee, C.J., Prather and Sullivan, P.JJ., Banks, McRae, Roberts, Smith and Mills, JJ., Concur. McCarthy is taxed with all costs of this appeal. Order entered.