09/15/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2003-CA-00953-SCT

Linda Owens v. Mississippi Farm Bureau Casualty Insurance Company, Mississippi Farm Bureau Mutual Insurance Company and Farmers Insurance Exchange; Washington Circuit Court; LC Case #: CI20-0277; Ruling Date: 07/10/2002; Ruling Judge: Margaret Carey-McCray; Majority Opinion: Dickinson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

St. Dominic-Jackson Memorial Hospital v. Mississippi State Department of Health and River Oaks Hospital, Inc.; Hinds Chancery Court 1st District; LC Case #: G-2004-256; Ruling Date: 05/27/2004; Ruling Judge: Patricia Wise; Consolidated with 2004-SA-01241-SCT St. Dominic-Jackson Memorial Hospital v. Mississippi State Department of Health and River Oaks Hospital, Inc.; Hinds Chancery Court 1st District; LC Case #: G-2004-257 S/2; Ruling Date: 05/28/2004; Ruling Judge: Stuart Robinson; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., Concurs in Result Only. Diaz, J., not participating.

Scruggs, Millette, Bozeman & Dent, P.A .v. Merkel & Cocke, P.A., Charles M. Merkel, Jr., Individually and as Shareholder in Merkel & Cocke, P.A.; Cynthia I. Mitchell, Individually and as Shareholder in Merkel & Cocke, P.A.; Alwyn H. Luckey; and William Roberts Wilson, Jr., P.A.; Jackson Chancery Court; LC Case #: 97-2573-WM; Ruling Date: 03/21/2003; Ruling Judge: James Thomas, Jr.; Majority Opinion: Waller, P.J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Dismissed as Moot. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley and Dickinson, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, Carlson and Randolph, JJ., not participating.

Mississippi United Methodist Conference v. Telaya Brown; Hinds Circuit Court 1st District; LC Case #: 251-02-1027CIV; Ruling Date: 11/18/2003; Ruling Judge: Tomie Green; Majority Opinion: Waller, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Result Only. Diaz and Graves, JJ., not participating.

Scott Anthony Foley v. State of Mississippi; DeSoto Circuit Court; LC Case #: 2003-89; Ruling Date: 12/17/2003; Ruling Judge: George Ready; Consolidated with 2004-KA-00375-SCT Scott Anthony Foley v. State of Mississippi; DeSoto Circuit Court; LC Case #: Cr 2003-89 R/D; Ruling Date: 02/06/2004; Ruling Judge: George Ready; Majority Opinion: Waller, P.J. Disposition: Case Number 2004-KA-00375-SCT: Count One: Conviction of Capital Rape and Sentence of Life Imprisonment in the custody of the Mississippi Department of Corrections, without hope of parole or probation, with conditions, Affirmed. Said sentence is to begin at the expiration of the consecutive sentences imposed in Counts Two and Three of this cause. Count Two: Conviction of Sexual Battery and Sentence of Thirty (30) Years in the custody of the Mississippi Department of Corrections, without hope of parole or probation, with conditions, Affirmed. Said sentence is to be served consecutively with the twenty (20) year sentence previously imposed in Count Three in this cause. Case Number 2004-KA-00070-SCT: Count Three: Conviction of Child Exploitation and Sentence of Twenty (20) Years in the custody of the Mississippi Department of Corrections, without hope of parole or probation, with conditions, and payment of a fine in the amount of $1,000.00, Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz, J., not participating.

Roosevelt McCullough, Jr. a/k/a Vell v. State of Mississippi; Coahoma Circuit Court; LC Case #: 2003-0085; Ruling Date: 06/03/2004; Ruling Judge: Larry Lewis; Majority Opinion: Waller, P.J. Disposition: Per Curiam Affirmance. Conviction of Burglary of a Church and Sentence of Fourteen (14) Years in the custody of the Mississippi Department of Corrections, without hope of parole or probation, with conditions, and pay restitution in the amount of $90.00 to the victim, Affirmed. Said sentence is to be served consecutively to any and all sentences previously imposed. Coahoma County taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

In Re: Rules of Professional Conduct; Disposition: The Mississippi Bar's Petition to Permit Attorneys not Licensed to Practice Law in Mississippi to Provide Emergency Pro Bono Legal Assistance to victims of Hurricane Katrina through the Mississippi Bar Young Lawyers Division Disaster Legal Assistance Program is granted as set out in the order. The authorization of those who offer services by this order shall continue until terminated by further order of this Court. Diaz, J., not participating. Order entered.

Kelvin Dycus a/k/a Kevin Dycus v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 8494; Ruling Date: 06/19/1998; Ruling Judge: Kenneth Thomas; Majority Opinion: Graves, J. Disposition: Count I: Conviction of Capital Murder, Affirmed. Sentence of Death by Lethal Injection,Vacated and Case Remanded for Resentencing to Life Imprisonment in the custody of the Mississippi Department of Corrections without the Possibility of Parole. Count II: Conviction of Unlawful Theft of an Automobile and Sentence of Five Years in the Custody of the Mississippi Department of Corrections, Affirmed. Bolivar County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Easley, J., Concurs in Result Only. Randolph, J., Specially Concurs with Separate Written Opinion Joined by Smith, C.J., Waller and Cobb, P.JJ., Easley and Carlson, JJ. Diaz, J., not participating. Specially Concurring Opinion: Randolph, J. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Carlson, JJ., Join This Opinion.

B. C. Rogers Poultry, Inc. and Bank of Morton v. Tommy Wedgeworth; Smith Circuit Court; LC Case #: 98-0258; Ruling Date: 01/19/2000; Ruling Judge: Robert Evans; Disposition: Motion for rehearing filed by Bank of Morton is denied. This Court's previous opinions are withdrawn, and these opinions are substituted therefor. Affirmed and Remanded. Smith, C.J., and Carlson, J., would grant. Diaz, J., not participating.

B. C. Rogers Poultry, Inc. and Bank of Morton v. Tommy Wedgeworth; Smith Circuit Court; LC Case #: 98-0258; Ruling Date: 01/19/2000; Ruling Judge: Robert Evans; Majority Opinion: Randolph, J. Disposition: The motion for rehearing is denied. This Court's previous opinions are withdrawn, and these opinions are substituted therefor. Affirmed and Remanded. Appellants taxed with costs of appeal. Votes: Waller, P.J., Easley, Graves and Dickinson, JJ., Concur. Smith, C.J., Dissents with Separate Written Opinion Joined by Cobb, P.J., and Carlson, J. Diaz, J., not participating. Dissenting Opinion: Smith, C.J. Votes: Cobb, P.J., and Carlson, J., Join This Opinion.

USF&G Insurance Company of Mississippi v. George K. Walls and Roxie Ann Wells; Panola Chancery Court 2nd District; LC Case #: B-99-07-272; Ruling Date: 05/16/2000; Ruling Judge: Percy Lynchard, Jr.; Disposition: The motion for rehearing filed by appellant is granted. The prior opinion is withdrawn, and this opinion is substituted therefor. Reversed and Remanded to the Circuit Court of Panola County. Diaz, J., not participating.

USF&G Insurance Company of Mississippi v. George K. Walls and Roxie Ann Wells; Panola Chancery Court 2nd District; LC Case #: B-99-07-272; Ruling Date: 05/16/2000; Ruling Judge: Percy Lynchard, Jr.; Majority Opinion: Graves, J. Disposition: The motion for rehearing is granted. The prior opinion is withdrawn, and this opinion is substituted therefor. Reversed and Remanded to the Circuit Court of Panola County. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Concurs in Result Only. Diaz, J., not participating.

Pamala Ann Standish Adcock v. Christopher Alan Van Norman; Sharkey Chancery Court; LC Case #: 01-100; Ruling Date: 03/25/2003; Ruling Judge: Vicki Barnes; Disposition: Petition for writ of certiorari filed by Pamala Ann Standish Adcock is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Harold Green, et al., and City of Richland, Mississippi v. Cleary Water, Sewer & Fire District; Rankin Chancery Court; LC Case #: 52041; Ruling Date: 04/17/2003; Ruling Judge: Jason Floyd, Jr.; Disposition: Motion for rehearing filed by appellants is denied. Smith, C.J., and Diaz, J., not participating.

Scruggs, Millette, Bozeman & Dent, P.A .v. Merkel & Cocke, P.A., Charles M. Merkel, Jr., Individually and as Shareholder in Merkel & Cocke, P.A.; Cynthia I. Mitchell, Individually and as Shareholder in Merkel & Cocke, P.A.; Alwyn H. Luckey; and William Roberts Wilson, Jr., P.A.; Jackson Chancery Court; LC Case #: 97-2573-WM; Ruling Date: 03/21/2003; Ruling Judge: James Thomas, Jr.; Disposition: Parties' motion for voluntary partial dismissal is granted. Alwyn H. Luckey is hereby dismissed without prejudice. Diaz, Carlson and Randolph, JJ., not participating. Order entered.

Scruggs, Millette, Bozeman & Dent, P.A .v. Merkel & Cocke, P.A., Charles M. Merkel, Jr., Individually and as Shareholder in Merkel & Cocke, P.A.; Cynthia I. Mitchell, Individually and as Shareholder in Merkel & Cocke, P.A.; Alwyn H. Luckey; and William Roberts Wilson, Jr., P.A.; Jackson Chancery Court; LC Case #: 97-2573-WM; Ruling Date: 03/21/2003; Ruling Judge: James Thomas, Jr.; Disposition: Alwyn H. Luckey's motion to strike is denied. Diaz, Carlson and Randolph, JJ., not participating. Order entered.

Scruggs, Millette, Bozeman & Dent, P.A .v. Merkel & Cocke, P.A., Charles M. Merkel, Jr., Individually and as Shareholder in Merkel & Cocke, P.A.; Cynthia I. Mitchell, Individually and as Shareholder in Merkel & Cocke, P.A.; Alwyn H. Luckey; and William Roberts Wilson, Jr., P.A.; Jackson Chancery Court; LC Case #: 97-2573-WM; Ruling Date: 03/21/2003; Ruling Judge: James Thomas, Jr.; Disposition: Motion to Strike filed by Merkel & Cocke, P.A., Charles M. Merkel, Jr., and Cynthia I. Mitchell is dismissed as moot. Diaz, Carlson and Randolph, JJ., not participating. Order entered.

Scruggs, Millette, Bozeman & Dent, P.A .v. Merkel & Cocke, P.A., Charles M. Merkel, Jr., Individually and as Shareholder in Merkel & Cocke, P.A.; Cynthia I. Mitchell, Individually and as Shareholder in Merkel & Cocke, P.A.; Alwyn H. Luckey; and William Roberts Wilson, Jr., P.A.; Jackson Chancery Court; LC Case #: 97-2573-WM; Ruling Date: 03/21/2003; Ruling Judge: James Thomas, Jr.; Disposition: Motion to Strike filed by William Roberts Wilson, Jr., P.A., is dismissed as moot. Diaz, Carlson and Randolph, JJ., not participating. Order entered.

Roy Charles Schankin v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-2001-264; Ruling Date: 05/02/2003; Ruling Judge: Jerry Terry, Sr.; Disposition: Petition for writ of certiorari filed by counsel for Roy Charles Schankin is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Not Participating: Diaz, J. Order entered.

Patricia A. Burr, Bascom Ray Burr, Jr. and Angela Burr Moore v. Mississippi Baptist Medical Center; Hinds Circuit Court 1st District; LC Case #: 251-00-1295CIV; Ruling Date: 12/23/2002; Ruling Judge: Winston Kidd; Disposition: Motion for rehearing filed by appellants is denied. Waller, P.J., and Diaz, J., not participating.

Marcus Roberson v. State of Mississippi; Coahoma Circuit Court; LC Case #: 14-CI-03-0039; Ruling Date: 07/15/2003; Ruling Judge: Larry Lewis; Disposition: Petition for writ of certiorari filed by counsel for Marcus Roberson is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Order entered.

William Lambuth Jones v. Jacqueline Kuhrtz Jones; Hinds Chancery Court 1st District; LC Case #: 129,188; Ruling Date: 08/07/2003; Ruling Judge: William Singletary; Disposition: Petition for writ of certiorari filed by counsel for Jacqueline Kuhrtz Jones is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. To Deny: Graves, J. Not Participating: Diaz, J. Order entered.

Hobbs Automotive, Inc., d/b/a Kim's Chrysler, Dodge, Jeep, Toyota v. Shelia S. Dorsey and James Dorsey; Jones Circuit Court 2nd District; LC Case #: 2002-156-CV5; Ruling Date: 12/02/2003; Ruling Judge: Billy Landrum; Disposition: The motion for rehearing filed by James and Shelia Dorsey is granted. The prior opinion is withdrawn, and these opinions are substituted therefor. Affirmed. Diaz, J., not participating.

Hobbs Automotive, Inc., d/b/a Kim's Chrysler, Dodge, Jeep, Toyota v. Shelia S. Dorsey and James Dorsey; Jones Circuit Court 2nd District; LC Case #: 2002-156-CV5; Ruling Date: 12/02/2003; Ruling Judge: Billy Landrum; Disposition: Motion of Pitts Swabbing Service, Inc. for Leave to File an Amicus Brief is denied. Diaz, J., not participating. Order entered.

Hobbs Automotive, Inc., d/b/a Kim's Chrysler, Dodge, Jeep, Toyota v. Shelia S. Dorsey and James Dorsey; Jones Circuit Court 2nd District; LC Case #: 2002-156-CV5; Ruling Date: 12/02/2003; Ruling Judge: Billy Landrum; Disposition: Motion filed by Hobbs Automotive, Inc., to Strike Motion of Pitts Swabbing Service, Inc., for Leave to FIle an Amicus Brief is denied as moot. Diaz, J., not participating. Order entered.

Hobbs Automotive, Inc., d/b/a Kim's Chrysler, Dodge, Jeep, Toyota v. Shelia S. Dorsey and James Dorsey; Jones Circuit Court 2nd District; LC Case #: 2002-156-CV5; Ruling Date: 12/02/2003; Ruling Judge: Billy Landrum; Majority Opinion: Smith, C.J. Disposition: The motion for rehearing filed by James and Shelia Dorsey is granted. The prior opinion is withdrawn, and these opinions are substituted therefor. Affirmed. Appellant taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Dickinson, J., Dissents with Separate Written Opinion Joined by Cobb, P.J. Diaz, J., not participating. Dissenting Opinion: Dickinson, J. Votes: Cobb, P.J., JoinsThis Opinion.

Tissus Horton v. State of Mississippi; Lee Circuit Court; LC Case #: CR02-236; Ruling Date: 12/03/2003; Ruling Judge: Paul Funderburk; Disposition: Motion for rehearing filed pro se by Tissus Horton is dismissed as untimely filed. M.R.A.P. 40(a). Diaz, J., not participating. Order entered.

Martha L. Biddix, Executrix of the Estate of James R. Biddix, and Gregory L. Williams v. Mr. and Mrs. Cyrus McConnell, Jr. and Mr. and Mrs. Clifton L. Noel; Jackson Chancery Court; LC Case #: 99-0123-JB; Ruling Date: 08/08/2003; Ruling Judge: Jaye Bradley; Majority Opinion: Smith, C.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ., Concur. Diaz and Dickinson, JJ., not participating.

Warren Jerome Dilworth v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: B2402-2001-00392; Ruling Date: 02/27/2004; Ruling Judge: Kosta Vlahos; Disposition: Motion for rehearing filed by Warren Jerome Dilworth is denied. Diaz, J., not participating.

Barry Doleac, The Doleac Company and The Doleac Building, LLC v. Real Estate Professionals, LLC; Forrest Chancery Court; LC Case #: 02-0687-GN-D; Ruling Date: 03/22/2004; Ruling Judge: Sebe Dale, Jr.; Disposition: The motion for rehearing filed by appellee is denied. The prior opinion is withdrawn, and this opinion is substituted therefor. Diaz, Graves and Randolph, JJ., not participating.

Barry Doleac, The Doleac Company and The Doleac Building, LLC v. Real Estate Professionals, LLC; Forrest Chancery Court; LC Case #: 02-0687-GN-D; Ruling Date: 03/22/2004; Ruling Judge: Sebe Dale, Jr.; Majority Opinion: Smith, C.J. Disposition: The motion for rehearing is denied. The prior opinion is withdrawn, and this opinion is substituted therefor. Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ., Concur. Diaz, Graves and Randolph, JJ., not participating.

Rusty Edward Netherland v. State of Mississippi; Leake Circuit Court; LC Case #: 04-CR-046-LE-G; Ruling Date: 05/14/2004; Ruling Judge: Marcus Gordon; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Tombigbee River Valley Water Management District v. Mississippi Employment Security Commission and Gary W. Pannell; Lee Circuit Court; LC Case #: CV02-191(PF)L; Ruling Date: 06/25/2004; Ruling Judge: Paul Funderburk; Consolidated with 2004-CC-00663-SCT Gary W. Pannell v. Tombigbee River Valley Water Management District; Lee Circuit Court; LC Case #: CV02-299(G)L; Ruling Date: 06/26/2003; Ruling Judge: Thomas Gardner, III; Disposition: Motion for rehearing filed by Gary W. Pannell is denied. Cobb, P.J., and Graves, J., would grant. Diaz, J., not participating.

Morris-Shea Bridge Company, Inc. v. Coastal Land Development Co.; Harrison Chancery Court 2nd District; LC Case #: C2402-04-00653-1; Ruling Date: 11/10/2004; Ruling Judge: James Persons; Disposition: Coastal Land Development Company's motion to dismiss appeal is granted. Morris-Shea's appeal to this Court on the merits is dismissed with prejudice. Coastal Land Development Company's motion for sanctions is denied. Diaz, J., not participating. Order entered.

Morris-Shea Bridge Company, Inc. v. Coastal Land Development Co.; Harrison Chancery Court 2nd District; LC Case #: C2402-04-00653-1; Ruling Date: 11/10/2004; Ruling Judge: James Persons; Disposition: Coastal Land Development Company's motion to dismiss appeal is granted. Morris-Shea's appeal to this Court on the merits is dismissed with prejudice. Coastal Land Development Company's motion for sanctions is denied. Diaz, J., not participating. Order entered.

Morris-Shea Bridge Company, Inc. v. Coastal Land Development Co.; Harrison Chancery Court 2nd District; LC Case #: C2402-04-00653-1; Ruling Date: 11/10/2004; Ruling Judge: James Persons; Majority Opinion: Easley, J. Disposition: Coastal's motion to dismiss appeal is granted. Morris-Shea's appeal to this Court on the merits is hereby dismissed with prejudice. Coastal's motion for sanctions is denied. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Mississippi Department of Human Services and A. S., Individually And In Her Capacity As Social Worker For The Rankin County Department of Human Services v. C. Y. and L. Y.; Hinds Circuit Court 1st District; LC Case #: 251-03-1093CIV; Ruling Date: 07/27/2005; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5(a) filed by Mississippi Department of Human Services and A. S. is granted. Petitioners' Request for Stay is dismissed as moot. All other provisions of the Order Denying Defendants' Motion to Dismiss, Motion to Strike and Motion for Change of Venue entered by the Circuit Court of Hinds County, Mississippi, are hereby vacated. This matter is hereby remanded to the Circuit Court of Rankin County, Mississippi, for further proceedings consistent with this order. Respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz and Randolph, JJ. Graves, J., for the Court. Order entered.

Mississippi Department of Human Services and A. S., Individually And In Her Capacity As Social Worker For The Rankin County Department of Human Services v. C. Y. and L. Y.; Hinds Circuit Court 1st District; LC Case #: 251-03-1093CIV; Ruling Date: 07/27/2005; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5(a) filed by Mississippi Department of Human Services and A. S. is granted. Petitioners' Request for Stay is dismissed as moot. All other provisions of the Order Denying Defendants' Motion to Dismiss, Motion to Strike and Motion for Change of Venue entered by the Circuit Court of Hinds County, Mississippi, are hereby vacated. This matter is hereby remanded to the Circuit Court of Rankin County, Mississippi, for further proceedings consistent with this order. Respondents are taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. Not Participating: Diaz and Randolph, JJ. Graves, J., for the Court. Order entered.