09/25/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Smith, James W.
  2007-CA-01411-SCT

Dorothy Jeannine Jones v. Lloyd Casey Jones; Jackson Chancery Court; LC Case #: 98-0604-RP; Ruling Date: 06/06/2007; Ruling Judge: Randy Pierce; Majority Opinion: Smith, C.J. Disposition: Per Curiam Affirmance. Appellant taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., not participating.

Matthew Sacks, M.D., and The Medical Oncology Group, P.A. v. Nancy Necaise, Individually and on Behalf of the Wrongful Death Beneficiaries of Charles Freeman, Deceased; Hancock Circuit Court; LC Case #: 98-0253; Ruling Date: 02/23/2006; Ruling Judge: Stephen Simpson; Disposition: This Court granted the petition for writ of certiorari filed by counsel for the appellant on July 17, 2008. On the Court's own motion, the Court finds that the petition was improvidently granted and should be dismissed. The petition for writ of certiorari filed by counsel for appellant is dismissed as improvidently granted. Smith, C.J., for the Court. Order entered.

Irene Caves, Statutory Representative of the Wrongful Death Beneficiaries of Jimmy Caves v. Benjamin Yarbrough, M.D., and Franklin County Memorial Hospital; Franklin Circuit Court; LC Case #: 02-CV-026; Ruling Date: 10/13/2006; Ruling Judge: Forrest Johnson, Jr.; Disposition: The appellants' motion for rehearing is granted. The previous opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded.

Irene Caves, Statutory Representative of the Wrongful Death Beneficiaries of Jimmy Caves v. Benjamin Yarbrough, M.D., and Franklin County Memorial Hospital; Franklin Circuit Court; LC Case #: 02-CV-026; Ruling Date: 10/13/2006; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Dickinson, J. Disposition: The appellant's motion for rehearing is granted. The previous opinions are withdrawn and these opinions are substituted therefor. Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Randolph and Lamar, JJ., Concur. Easley, J., Concurs in Part and in Result. Diaz, P.J., Concurs in Part and Dissents in Part With Separate Written Opinion. Graves, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Diaz, P.J.; Easley, J. Joins In Part. Concurring in Part and Dissenting in Part Opinion: Diaz, P.J. Concurring in Part and Dissenting in Part Opinion: Graves, J. Votes: Diaz, P.J., Joins This Opinion. Easley, J., Joins This Opinion in Part.

Michael L. Foss, M.D. v. Dorothy Williams, Administratrix of the Estate of Peter D. Price, Deceased; Coahoma Circuit Court; LC Case #: 14-CI-06-87; Ruling Date: 03/26/2007; Ruling Judge: Albert Smith, III; Majority Opinion: Diaz, P.J. Disposition: Affirmed and Remanded. Appellant taxed with costs of appeal. Votes: Easley, Graves, Randolph and Lamar, JJ., Concur. Carlson, J., Dissents with Separate Written Opinion Joined by Smith, C.J., Waller, P.J., and Dickinson, J. Dissenting Opinion: Carlson, J. Votes: Smith, C.J., Waller, P.J., and Dickinson, J., Join This Opinion.

Charles E. Bunton, III and Housing Authority of the City of Vicksburg v. Darrell King and Mary King; Warren Circuit Court; LC Case #: 05,0271-CI; Ruling Date: 04/05/2007; Ruling Judge: Isadore Patrick, Jr.; Majority Opinion: Lamar, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents With Separate Written Opinion Joined by Diaz, P.J., and Easley, J. Dissenting Opinion: Graves, J. Votes: Diaz, P.J., and Easley, J., Join This Opinion.

Barbara Huss and Rodney Huss v. John Overton Gayden, M.D. and Memphis Obstetrics and Gynecological Association, Inc.; LC Case #: 04-60962; Majority Opinion: Randolph, J. Disposition: Certified Question Answered. Appellants and appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson and Dickinson, JJ., Concur. Easley, J., Concurs with Separate Written Opinion Joined by Waller, P.J. Graves, J., Dissents With Separate Written Opinion Joined by Diaz, P.J. Lamar, J., not participating. Concurring Opinion: Easley, J. Votes: Waller, P.J., Joins This Opinion. Dissenting Opinion: Graves, J. Votes: Diaz, P.J., Joins This Opinion.

Governor Haley Barbour and Secretary of State Delbert Hosemann v. Trudy Berger, in her Official Capacity as a Member of the Board of Election Commissioners of Pike County and as a Qualified Elector; Hinds Circuit Court 1st District; LC Case #: 251-08-694 CIV; Ruling Date: 09/09/2008; Ruling Judge: Tomie Green; Consolidated with 2008-EC-01562-SCT Honorable Haley Barbour, Governor of the State of Mississippi and Delbert Hosemann, Secretary of State for the State of Mississippi v. Trudy Berger, In Her Official Capacity as a Member of The Board of Election Commissioners of Pike County and as A Qualified Elector; Hinds Circuit Court 1st District; LC Case #: 251-08-694-CIV; Ruling Date: 09/12/2008; Ruling Judge: Tomie Green; Disposition: Case No. 2008-M-01534-SCT and the direct appeal in Case No. 2008-EC-01562-SCT are consolidated for all purposes. The Petition for Extraordinary Writ requesting that this Court vacate the mandamus and injunction is granted, and the mandamus and injunction are hereby vacated. The Petition for Extraordinary Writ requesting that this Court reverse and vacate the declaratory judgment is denied, insofar as the declaratory judgment interprets Mississippi law to require the special election for United States Senator to be listed in the same category on the official ballot as all other contests for national office, but in a manner which clearly distinguishes the special election for general election contests. The Petition for Extraordinary Writ requesting that this Court reverse and vacate the declaratory judgment is granted in all other respects, including insofar as the declaratory judgment requires the Governor and Secretary of State to take certain prospective actions, and to refrain from others, and insofar as the declaratory judgment mandates the arrangement of election contests within the category of national offices. The Petitioners' Motion to Suspend the Rules for Emergency Stay is denied. Smith, C.J., Carlson, Randolph and Lamar, JJ., agree. Waller, P.J., Concurs in Part and Dissents in Part with Separate Written Statement. Diaz, P.J., Concurs in Part and Dissents in Part with Separate Written Statement Joined by Easley and Graves, JJ. Dickinson, J., for the Court. Order entered.

Governor Haley Barbour and Secretary of State Delbert Hosemann v. Trudy Berger, in her Official Capacity as a Member of the Board of Election Commissioners of Pike County and as a Qualified Elector; Hinds Circuit Court 1st District; LC Case #: 251-08-694 CIV; Ruling Date: 09/09/2008; Ruling Judge: Tomie Green; Consolidated with 2008-EC-01562-SCT Honorable Haley Barbour, Governor of the State of Mississippi and Delbert Hosemann, Secretary of State for the State of Mississippi v. Trudy Berger, In Her Official Capacity as a Member of The Board of Election Commissioners of Pike County and as A Qualified Elector; Hinds Circuit Court 1st District; LC Case #: 251-08-694-CIV; Ruling Date: 09/12/2008; Ruling Judge: Tomie Green; Disposition: Case No. 2008-M-01534-SCT and the direct appeal in Case No. 2008-EC-01562-SCT are consolidated for all purposes. The Petition for Extraordinary Writ requesting that this Court vacate the mandamus and injunction is granted, and the mandamus and injunction are hereby vacated. The Petition for Extraordinary Writ requesting that this Court reverse and vacate the declaratory judgment is denied, insofar as the declaratory judgment interprets Mississippi law to require the special election for United States Senator to be listed in the same category on the official ballot as all other contests for national office, but in a manner which clearly distinguishes the special election for general election contests. The Petition for Extraordinary Writ requesting that this Court reverse and vacate the declaratory judgment is granted in all other respects, including insofar as the declaratory judgment requires the Governor and Secretary of State to take certain prospective actions, and to refrain from others, and insofar as the declaratory judgment mandates the arrangement of election contests within the category of national offices. The Petitioners' Motion to Suspend the Rules for Emergency Stay is denied. Smith, C.J., Carlson, Randolph and Lamar, JJ., agree. Waller, P.J., Concurs in Part and Dissents in Part with Separate Written Statement. Diaz, P.J., Concurs in Part and Dissents in Part with Separate Written Statement Joined by Easley and Graves, JJ. Dickinson, J., for the Court. Order entered.

Governor Haley Barbour and Secretary of State Delbert Hosemann v. Trudy Berger, in her Official Capacity as a Member of the Board of Election Commissioners of Pike County and as a Qualified Elector; Hinds Circuit Court 1st District; LC Case #: 251-08-694 CIV; Ruling Date: 09/09/2008; Ruling Judge: Tomie Green; Consolidated with 2008-EC-01562-SCT Honorable Haley Barbour, Governor of the State of Mississippi and Delbert Hosemann, Secretary of State for the State of Mississippi v. Trudy Berger, In Her Official Capacity as a Member of The Board of Election Commissioners of Pike County and as A Qualified Elector; Hinds Circuit Court 1st District; LC Case #: 251-08-694-CIV; Ruling Date: 09/12/2008; Ruling Judge: Tomie Green; Disposition: Case No. 2008-M-01534-SCT and the direct appeal in Case No. 2008-EC-01562-SCT are consolidated for all purposes. The Petition for Extraordinary Writ requesting that this Court vacate the mandamus and injunction is granted, and the mandamus and injunction are hereby vacated. The Petition for Extraordinary Writ requesting that this Court reverse and vacate the declaratory judgment is denied, insofar as the declaratory judgment interprets Mississippi law to require the special election for United States Senator to be listed in the same category on the official ballot as all other contests for national office, but in a manner which clearly distinguishes the special election for general election contests. The Petition for Extraordinary Writ requesting that this Court reverse and vacate the declaratory judgment is granted in all other respects, including insofar as the declaratory judgment requires the Governor and Secretary of State to take certain prospective actions, and to refrain from others, and insofar as the declaratory judgment mandates the arrangement of election contests within the category of national offices. The Petitioners' Motion to Suspend the Rules for Emergency Stay is denied. Smith, C.J., Carlson, Randolph and Lamar, JJ., agree. Waller, P.J., Concurs in Part and Dissents in Part with Separate Written Statement. Diaz, P.J., Concurs in Part and Dissents in Part with Separate Written Statement Joined by Easley and Graves, JJ. Dickinson, J., for the Court. Order entered.