09/23/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Easley, Chuck
X  2003-IA-00881-SCT

Rochelle Culbert, et al. v. Johnson & Johnson, Mallan G. Morgan, M.D., and Sav-On-Drugs of Columbia, Inc.; Jefferson Circuit Court; LC Case #: 2001-85; Ruling Date: 04/16/2003; Ruling Judge: Lamar Pickard; Consolidated with 2003-IA-00918-SCT Janssen Pharmaceutica, Inc. and Johnson & Johnson v. Rochelle Culbert, et al.; Jefferson Circuit Court; LC Case #: 2001-85; Ruling Date: 04/16/2003; Ruling Judge: Lamar Pickard; Majority Opinion: Easley, J. Disposition: No. 2003-IA-00881-SCT; Affirmed and Remanded. No. 2003-IA-00918-SCT; Reversed and Remanded. Appellants and appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ., Concur. Graves, J., Concurs in Part. Diaz and Randolph, JJ., not participating.

Frank Davis v. State of Mississippi; Grenada Circuit Court; LC Case #: 2000-201-CR; Ruling Date: 01/24/2001; Ruling Judge: Joseph Loper, Jr.; Disposition: Motion to Set Aside Final Judgment, or in the Alternative, Relief from Judgment filed by Frank Davis, is granted in part, to the extent that relief from final judgment entered by this Court is stayed for a period of thirty days from the entry of this order. If the judgment is not satisfied or set aside within such period, this Court shall order the Department of Insurance to revoke the authority of American Bonding Agency, II, Inc., to write bail bonds. The Court's final judgment of June 11, 2004, is vacated, but the final judgment of June 2, 2004, shall remain fully effected as modified hereby. Diaz, J., not participating. Order entered.

Frank Davis v. State of Mississippi; Grenada Circuit Court; LC Case #: 2000-201-CR; Ruling Date: 01/24/2001; Ruling Judge: Joseph Loper, Jr.; Disposition: Motion to Set Aside Final Judgment, or in the Alternative, Relief from Judgment filed by Frank Davis, is granted in part, to the extent that relief from final judgment entered by this Court is stayed for a period of thirty days from the entry of this order. If the judgment is not satisfied or set aside within such period, this Court shall order the Department of Insurance to revoke the authority of American Bonding Agency, II, Inc., to write bail bonds. The Court's final judgment of June 11, 2004, is vacated, but the final judgment of June 2, 2004, shall remain fully effected as modified hereby. Diaz, J., not participating. Order entered.

United States Fidelity & Guaranty Company v. Elizabeth Knight; Coahoma Circuit Court; LC Case #: 8340; Ruling Date: 10/05/2000; Ruling Judge: Albert Smith, III; Disposition: Motion for rehearing filed by appellee, Elizabeth Knight, is denied. Easley and Randolph, JJ., would grant. Diaz and Graves, JJ., not participating.

Crane Co. d/b/a Crane Defense Systems v. Lynda I. Kitzinger, Individually, and as Mother and Next Friend of Robert Jayce Kitzinger, and as Executrix of the Estate of Robert L. Kitzinger, Jr., Deceased; Jackson Circuit Court; LC Case #: 99-0166(3); Ruling Date: 02/21/2001; Ruling Judge: Dale Harkey; Disposition: Motion for Time filed by counsel for Lynda I. Kitzinger is granted. The Supplemental Motion to Re-Tax Costs is accepted for filing. Motion to Re-Tax Costs and the Supplemental Motion to Re-Tax Costs and Amend or Correct the Mandate filed by counsel for Lynda I. Kitzinger are denied. Cobb, P.J., and Graves, J., would grant the motion to re-tax costs and amend mandate. Diaz and Randolph, JJ., not participating. Order entered.

Crane Co. d/b/a Crane Defense Systems v. Lynda I. Kitzinger, Individually, and as Mother and Next Friend of Robert Jayce Kitzinger, and as Executrix of the Estate of Robert L. Kitzinger, Jr., Deceased; Jackson Circuit Court; LC Case #: 99-0166(3); Ruling Date: 02/21/2001; Ruling Judge: Dale Harkey; Disposition: Motion for Time filed by counsel for Lynda I. Kitzinger is granted. The Supplemental Motion to Re-Tax Costs is accepted for filing. Motion to Re-Tax Costs and the Supplemental Motion to Re-Tax Costs and Amend or Correct the Mandate filed by counsel for Lynda I. Kitzinger are denied. Cobb, P.J., and Graves, J., would grant the motion to re-tax costs and amend mandate. Diaz and Randolph, JJ., not participating. Order entered.

Robert Michael Watson v. Patricia Harris Watson; Rankin Chancery Court; LC Case #: 47940; Ruling Date: 06/26/2001; Ruling Judge: Thomas Zebert; Disposition: Motion for rehearing filed by appellee, Patricia Harris Watson, is denied. Cobb, P.J., and Randolph, J., would grant. Diaz, Easley and Graves, JJ., not participating.

Lori Nichols v. David Wayne Funderburk; Itawamba Chancery Court; LC Case #: 01-0165; Ruling Date: 12/21/2001; Ruling Judge: Jacqueline Mask; Majority Opinion: Carlson, J. Disposition: Affirmed. Lori Nichols taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Dale Leo Bishop v. State of Mississippi; Lee Circuit Court; LC Case #: CR99-149; Ruling Date: 02/04/2000; Ruling Judge: Frank Russell; Disposition: Motion for rehearing filed by petitioner, Dale Leo Bishop, is denied. Diaz, J., not participating.

Jerry M. Sullivan, Jr. v. William M. Mounger, II, E. B. Martin, Jr. and Tritel, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-01-1372CIV; Ruling Date: 05/14/2002; Ruling Judge: L. Hilburn, ; Disposition: Motion for rehearing filed by appellant, Jerry M. Sullivan, Jr., is denied. Easley, J., would grant. Waller, P.J., Diaz and Randolph, JJ., not participating.

William Sanderson v. State of Mississippi; Copiah Circuit Court; LC Case #: 2002-0012CR-A; Ruling Date: 04/02/2002; Ruling Judge: Lamar Pickard; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. Count I: Conviction of aggravated assault and sentence of twelve (12) years in the custody of the Mississippi Department of Corrections, affirmed. Count II: Conviction of conspiracy to commit the crime of aggravated assault and sentence of five (5) years in the custody of the Mississippi Department of Corrections, affirmed. Sentences shall run concurrently. Copiah County taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Robin Medlin v. Hazlehurst Emergency Physicians, Emcare of Mississippi, Inc. a/k/a Emcare, Inc., Willard Speed, Jr., M.D., Copiah Medical Associates, Brian Twedt, M.D., Philip Cranston, M.D., and Robert L. Walker, M.D.; Copiah Circuit Court; LC Case #: 2001-0332; Ruling Date: 11/25/2002; Ruling Judge: Lamar Pickard; Disposition: Motion for rehearing filed by appellee, Phillip Cranston, M.D., is granted. The prior opinion is withdrawn and this opinion is substituted therefor. Affirmed. Diaz, J., not participating.

Robin Medlin v. Hazlehurst Emergency Physicians, Emcare of Mississippi, Inc. a/k/a Emcare, Inc., Willard Speed, Jr., M.D., Copiah Medical Associates, Brian Twedt, M.D., Philip Cranston, M.D., and Robert L. Walker, M.D.; Copiah Circuit Court; LC Case #: 2001-0332; Ruling Date: 11/25/2002; Ruling Judge: Lamar Pickard; Disposition: Motion for rehearing filed by appellees, Hazlehurst Emergency Physicians, Emcare of Mississippi, Inc. a/k/a Emcare, Inc., and Willard Speed, Jr., M.D., is granted. The prior opinion is withdrawn and this opinion is substituted therefor. Affirmed. Diaz, J., not participating.

Robin Medlin v. Hazlehurst Emergency Physicians, Emcare of Mississippi, Inc. a/k/a Emcare, Inc., Willard Speed, Jr., M.D., Copiah Medical Associates, Brian Twedt, M.D., Philip Cranston, M.D., and Robert L. Walker, M.D.; Copiah Circuit Court; LC Case #: 2001-0332; Ruling Date: 11/25/2002; Ruling Judge: Lamar Pickard; Disposition: Motion for rehearing filed by appellees, Robert L. Walker, M.D., and Copiah Medical Associates is granted. The prior opinion is withdrawn and this opinion is substituted therefor. Affirmed. Diaz, J., not participating.

Robin Medlin v. Hazlehurst Emergency Physicians, Emcare of Mississippi, Inc. a/k/a Emcare, Inc., Willard Speed, Jr., M.D., Copiah Medical Associates, Brian Twedt, M.D., Philip Cranston, M.D., and Robert L. Walker, M.D.; Copiah Circuit Court; LC Case #: 2001-0332; Ruling Date: 11/25/2002; Ruling Judge: Lamar Pickard; Disposition: Motion for rehearing filed by appellee, Brian Twedt, M.D., is granted. The prior opinion is withdrawn and this opinion is substituted therefor. Affirmed. Diaz, J., not participating.

Robin Medlin v. Hazlehurst Emergency Physicians, Emcare of Mississippi, Inc. a/k/a Emcare, Inc., Willard Speed, Jr., M.D., Copiah Medical Associates, Brian Twedt, M.D., Philip Cranston, M.D., and Robert L. Walker, M.D.; Copiah Circuit Court; LC Case #: 2001-0332; Ruling Date: 11/25/2002; Ruling Judge: Lamar Pickard; Majority Opinion: Dickinson, J. Disposition: The four motions for rehearing are granted. The prior opinion is withdrawn and this opinion is substituted therefor. Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Graves and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Robert Preston Cooper, III v. Aaron Missey; Jackson Circuit Court; LC Case #: 99-0371(1); Ruling Date: 12/17/2002; Ruling Judge: James Backstrom; Disposition: Petition for writ of certiorari filed by counsel for Robert Preston Cooper, III, was granted by order of this Court on August 12, 2004. After due consideration, this Court finds the petition was improvidently granted. Petition for writ of certiorari filed by counsel for Robert Preston Cooper, III is dismissed as improvidently granted. To Dismiss: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. Not Participating: Diaz, Easley, Graves and Randolph, JJ. Smith, C.J., for the Court. Order entered.

George Powell, Personal Representative of the Estate of Lorenzo Powell v. Clay County Board of Supervisors; Laddie Huffman in His Official Capacity as Sheriff of Clay County, Mississippi; and Carl Pierce; Clay Circuit Court; LC Case #: 98-0005; Ruling Date: 07/15/2003; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Easley, J. Disposition: Reversed and Remanded. Appellees 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.

Washington Mutual Bank, F. A. v. Jason Harlon Dykes and Jennifer Lane Dykes; Jones Chancery Court 2nd District; LC Case #: 2002-1174; Ruling Date: 02/18/2004; Ruling Judge: Franklin McKenzie, Jr.; Disposition: Motion to Reconsider filed by counsel for Jason and Jennifer Dykes is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. Not Participating: Diaz, Easley, Graves and Randolph, JJ. Order entered.