09/25/2003 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2001-CA-00384-SCT

Christine Lane and Cordelia Griffin, Wrongful Death Beneficiaries of Willie Lawrence Muse, Deceased v. R. J. Reynolds Tobacco Company; Phillip Morris USA Inc.; Corr-Williams Company, Inc., successor by merger to Corr-Williams Tobacco Company, and C. W. C. Acquisition Company; Hattiesburg Grocery Company; and Brown & Williamson Tobacco Corporation; Forrest Circuit Court; LC Case #: CI-98-0272; Ruling Date: 12/18/2000; Ruling Judge: Richard McKenzie; Consolidated with 2001-CA-01032-SCT Christine Lane and Cordelia Griffin, Wrongful Death Beneficiaries of Willie Lawrence Muse, Deceased v. Liggett Group, Inc., Liggett & Myers, Inc., and Brooke Group Ltd.; Forrest Circuit Court; LC Case #: CI-00-0239; Ruling Date: 05/29/2001; Ruling Judge: Richard McKenzie; Disposition: Motion for rehearing filed by appellants is denied. Easley and Graves, JJ., would grant. McRae, P.J., and Diaz, J., not participating.

Jarvis Shelton v. State of Mississippi; Yazoo Circuit Court; LC Case #: 96-8080; Ruling Date: 04/14/2001; Ruling Judge: Jannie Lewis; Disposition: Motion for rehearing filed by appellant is denied. Diaz, J., not participating.

Donald Wade Miller v. State of Mississippi; DeSoto Circuit Court; LC Case #: CR2001-29 RD; Ruling Date: 07/27/2001; Ruling Judge: George Ready; Disposition: Petition for writ of certiorari filed by counsel for Donald Wade Miller is granted. To Grant: Pittman, C.J., McRae, P.J., Waller and Carlson, JJ. To Deny: Smith, P.J., Cobb, Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

Roger L. Hentz v. State of Mississippi; Panola Circuit Court 2nd District; LC Case #: 2000-0272-C-P2; Ruling Date: 07/27/2001; Ruling Judge: George Carlson, Jr.; Disposition: On the Court's own motion and by the Court's authority under M.R.A.P. 2(c) to suspend the rules, the time for consideration of the petition for writ of certiorari filed pro se by Roger L. Hentz is extended until October 31, 2003. A final decision on whether to grant or deny the petition should be entered on or before October 31, 2003. Order entered.

In the Matter of the Enlargement and Extension of the Boundaries of the City of Macon, Mississippi: Frances Gousset, Katherine Moore, Jerry Harris, Orietta Stewart by and through Richard Dooley, Richard Dooley, Individually, James D. Britt, Gregory Cole, Darlene Cole, Jim Britt, Emily Britt, Gene Penick, Jr., Penick Forest Products, William M. Dantzler and wife, Marjorie Dantzler, Clay Hollis, Willie Cole, Mary E. Brown, Gayle Ford, Minnie Williams and Arthur Varner, Jr. v. City of Macon Mississippi; Noxubee Chancery Court; LC Case #: 2000-0104; Ruling Date: 07/31/2001; Ruling Judge: Dorothy Colom; Majority Opinion: McRae, P.J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, P.J., Cobb, Easley, Carlson and Graves, JJ., Concur. Waller, J., Concurs in Result Only. Pittman, C.J. and Diaz, J., not participating.

Briggs & Stratton Corporation, Automotive Electric Corporation d/b/a Engine Power Distributors, Rick Higginbottom d/b/a H & H Small Engine Repair and Mike Higginbottom v. Johnny Smith d/b/a Houston Sales and Service; Tishomingo Chancery Court; LC Case #: 2001-123; Ruling Date: 12/27/2001; Ruling Judge: John Ross, Jr.; Majority Opinion: McRae, P.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb and Carlson, JJ., Concur. Waller and Graves, JJ., Concur in Result Only. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Board of Education of Calhoun County, Mississippi v. James Sidney Warner, Gwendolyn V. Warner, Oliver Poe, Earnestine Winter, Nancy Poe and Lisa Poe Baker; Calhoun Chancery Court; LC Case #: 91-288; Ruling Date: 12/20/2001; Ruling Judge: C. Malski; Disposition: Motion for rehearing filed by appellees is denied. McRae, P.J., would grant. Diaz and Graves, JJ., not participating.

Entergy Mississippi, Inc. v. Brenda Bolden; Sunflower Circuit Court; LC Case #: 98-0096; Ruling Date: 11/20/2001; Ruling Judge: Richard Smith; Majority Opinion: Smith, P.J. Disposition: Affirmed as to Liability; Judgment Remitted from $532,000 to $232,000, and Affirmed as Remitted, Conditioned on Acceptance by Brenda Bolden Within Ten (10) Days of the Final Judgment of this Court. Otherwise, the Judgment is Vacated, and the Case is Remanded for a New Trial as to Damages Only. Appellant and appellee taxed with costs of appeal. Votes: Pittman, C.J., Waller, Cobb and Carlson, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. McRae, P.J., Concurs in Part and Dissents in Part with Separate Written Opinion Joined by Easley, J. Diaz, J., not participating. Concurring in Part and Dissenting in Part Opinion: McRae, P.J. Votes: Easley, J., Joins This Opinion.

In Re: Assessment of Ad Valorem Taxes on Leasehold Interest Held by Reed Manufacturing, Inc. by the Itawamba County Board of Supervisors; Itawamba Circuit Court; LC Case #: 00-112 BI; Ruling Date: 07/30/2002; Ruling Judge: Richard Bowen; Majority Opinion: Carlson, J. Disposition: Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller, Cobb and Graves, JJ., Concur. Easley, J., Concurs in Part. McRae, P.J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

In the Matter of the Petition for Reinstatement to the Practice of Law of Gerald Keats Baldwin, Jr.; LC Case #: 1999BD1361; Ruling Date: 12/16/1999; Disposition: The Mississippi Bar's Motion to Supplement the Answer of The Mississippi Bar to the Petition of Gerald Keats Baldwin, Jr., for Reinstatement to the Practice of Law as a Member of The Mississippi Bar is granted. Diaz, J., not participating. Order entered.

In the Matter of the Petition for Reinstatement to the Practice of Law of Gerald Keats Baldwin, Jr.; LC Case #: 1999BD1361; Ruling Date: 12/16/1999; Disposition: Motion to Present Documentation filed by Gerald Keats Baldwin, Jr., is granted. Diaz, J., not participating. Order entered.

In the Matter of the Petition for Reinstatement to the Practice of Law of Gerald Keats Baldwin, Jr.; LC Case #: 1999BD1361; Ruling Date: 12/16/1999; Majority Opinion: McRae, P.J. Disposition: Petition for Reinstatement, denied. Gerald Keats Baldwin, Jr., taxed with costs of appeal. Votes: Smith, P.J., Waller, Cobb, Easley and Carlson, JJ., Concur. Graves, J., Concurs in Result Only. Pittman, C.J., and Diaz, J., not participating.

American Family Home Insurance Company a Florida Corporation v. Ricky E. Williams and Alesha S. Williams; Forrest Circuit Court; LC Case #: CI-02-0128; Ruling Date: 03/10/2003; Ruling Judge: Robert Helfrich; Disposition: American Family Home Insurance Company's Motion for Rehearing is granted, and upon reconsideration, the Petition for Permission to Appeal Interlocutory Order is granted and treated as a properly filed notice of appeal in this matter. The proceedings in the trial court are hereby stayed pending resolution of this appeal. The Motion to Supplement Record filed by counsel for petitioners is granted. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny: McRae, P.J., Easley and Graves, JJ. Not Participating: Diaz, J. Order entered.

State Farm Mutual Automobile Insurance Company, et al. v. Willie G. Murriel individually and Murriel's Auto Body & Paint Shop, Inc., et al.; Hinds Circuit Court 1st District; LC Case #: 251-02-437; Ruling Date: 03/26/2003; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to MRAP 5(a) and Request for Stay filed by counsel for State Farm Mutual Automobile Insurance Company, Daniel Bell and Godwin Dafe is granted. All trial court proceedings are hereby stayed and the appeal shall proceed pursuant to MRAP 10 and 11. Petitioners' Motion for Expedited Ruling on Motion to Stay Proceedings in Trial Court Pending MRAP 5(a) Interlocutory Appeal by Permission filed by counsel for the petitioners is dismissed as moot. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny: McRae, P.J., and Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.

State Farm Mutual Automobile Insurance Company, et al. v. Willie G. Murriel individually and Murriel's Auto Body & Paint Shop, Inc., et al.; Hinds Circuit Court 1st District; LC Case #: 251-02-437; Ruling Date: 03/26/2003; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to MRAP 5(a) and Request for Stay filed by counsel for State Farm Mutual Automobile Insurance Company, Daniel Bell and Godwin Dafe is granted. All trial court proceedings are hereby stayed and the appeal shall proceed pursuant to MRAP 10 and 11. Petitioners' Motion for Expedited Ruling on Motion to Stay Proceedings in Trial Court Pending MRAP 5(a) Interlocutory Appeal by Permission filed by counsel for the petitioners is dismissed as moot. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny: McRae, P.J., and Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.

State Farm Mutual Automobile Insurance Company, et al. v. Willie G. Murriel individually and Murriel's Auto Body & Paint Shop, Inc., et al.; Hinds Circuit Court 1st District; LC Case #: 251-02-437; Ruling Date: 03/26/2003; Ruling Judge: Winston Kidd; Disposition: Petition for Interlocutory Appeal by Permission Pursuant to MRAP 5(a) and Request for Stay filed by counsel for State Farm Mutual Automobile Insurance Company, Daniel Bell and Godwin Dafe is granted. All trial court proceedings are hereby stayed and the appeal shall proceed pursuant to MRAP 10 and 11. Petitioners' Motion for Expedited Ruling on Motion to Stay Proceedings in Trial Court Pending MRAP 5(a) Interlocutory Appeal by Permission filed by counsel for the petitioners is dismissed as moot. To Grant: Pittman, C.J., Smith, P.J., Waller, Cobb and Carlson, JJ. To Deny: McRae, P.J., and Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.