09/29/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Cobb, Kay B.
  2004-CA-01619-SCT

Carroll H. Sharp and Mary Jo (Usrey) Sharp v. Merchants & Farmers Bank; Hinds Chancery Court 1st District; LC Case #: 2G2002-1140 S/2; Ruling Date: 04/16/2003; Ruling Judge: William Singletary; Majority Opinion: Cobb, P.J. Disposition: Per Curiam Affirmance Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Cross Creek Productions v. Andrea Scafidi; Tunica Circuit Court; LC Case #: 2003-0239-ABS; Ruling Date: 07/13/2004; Ruling Judge: Albert Smith, III; Majority Opinion: Waller, P.J. Disposition: Affirmed and Remanded. Appellant 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: Mississippi Rules for Electronic and Photographic Coverage of Judicial Proceedings; Disposition: On the Court's own motion, Rule 4 of the Rules For Electronic and Photographic Coverage of Judicial Proceedings is amended as set forth in Exhibit "A" attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forthwith forward a true certified copy hereof to West Publishing Company for publication as soon as practical in the advance sheets of Southern Reporter, Second Series (Mississippi Edition) and in the next edition of the Mississippi Rules of Court. Diaz, J., not participating. Order entered.

Charles Wayne Ross v. State of Mississippi; Tippah Circuit Court; LC Case #: TK96094; Ruling Date: 10/04/1997; Ruling Judge: R. Coleman; Disposition: Request for Supplemental Briefing Schedule filed by counsel for Charles Wayne Ross is granted. The supplemental brief is due on November 8, 2005. The State's response is due on December 8, 2005, and the appellant's reply is due on December 22, 2005. Motion for Clarification filed by counsel for Charles Wayne Ross is granted. Rule changes are remedial and should be given application in cases pending at the time of their adoption. Russell v. State, 819 So. 2d 1177, 1179 (Miss. 2001). The current version of M.R.A.P. 22(b), amended in 2005 applies to this supplemental brief. Diaz, J., not participating. Order entered.

In Re: Estate of Isaac Crutcher, Deceased: Rebecca C. Johnson v. Dorothy Dodson, Carolyn Newsom, Ozell Newsom, Diane Mason, Issac Dodson and Wallace Anderson; DeSoto Chancery Court; LC Case #: 97-2-243; Ruling Date: 12/30/2002; Ruling Judge: Dennis Baker; Disposition: This Court granted the petition for writ of certiorari filed by counsel for Rebecca C. Johnson by order entered on June 16, 2005. After careful consideration of all pleadings, the Court finds that the petition for writ of certiorari was improvidently granted and should be dismissed. Petition for writ of certiorari filed by counsel for Rebecca C. Johnson is dismissed as improvidently granted. M.R.A.P. 17(f). To Dismiss: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Diaz, J. Randolph, J., for the Court. Order entered.

Albert Smith v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 99-1-077; Ruling Date: 02/05/2003; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by Albert Smith is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Diaz, J., not participating. Order entered.

Katie Venegas v. James David Gurganus; Hinds Chancery Court 1st District; LC Case #: G-2002-1266; Ruling Date: 06/18/2003; Ruling Judge: Stuart Robinson; Disposition: Petition for writ of certiorari filed by counsel for Katie Venegas is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Dickinson, JJ. To Grant: Randolph, J. Not Participating: Diaz, J. Order entered.

Terry Moran and Mark Seymour, Sr. v. James L. Fairley, Jr.; Harrison Circuit Court 1st District; LC Case #: A2401-2000-197; Ruling Date: 04/23/2003; Ruling Judge: Marcus Gordon; Disposition: On the Court's own motion, the mandate in the above styled cause of action is hereby recalled. Agree: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves and Randolph, JJ. Not Participating: Diaz and Dickinson, JJ. Order entered.

Ron Parmley d/b/a A Classic Wrecker v. 84 Lumber Company, Millcreek Trucking Company, Inc., Jason Gartman and Tim Gaffney; Harrison Circuit Court 1st District; LC Case #: A2401-99-00393; Ruling Date: 10/15/2003; Ruling Judge: Robert Walker; Consolidated with 2002-CT-00937-SCT Ron Parmley d/b/a A Classic Wrecker, by and Through Counsel v. 84 Lumber Company, Millcreek Trucking Company, Inc. and Jason Gartman; Harrison Circuit Court 1st District; LC Case #: A2401-99-00393; Ruling Date: 05/16/2002; Ruling Judge: Robert Walker; Disposition: Petition for writ of certiorari filed by counsel for Ron Parmley 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.

Quitman County Mississippi v. State of Mississippi, Haley Barbour, in His Official Capacity as Governor and Jim Hood, in His Official Capacity as Attorney General; Quitman Circuit Court; LC Case #: 99-0126; Ruling Date: 11/07/2003; Ruling Judge: Ann Lamar; Disposition: Motion for rehearing filed by Quitman County is denied. Graves and Dickinson, JJ., would grant. Diaz, J., not participating.

Quitman County Mississippi v. State of Mississippi, Haley Barbour, in His Official Capacity as Governor and Jim Hood, in His Official Capacity as Attorney General; Quitman Circuit Court; LC Case #: 99-0126; Ruling Date: 11/07/2003; Ruling Judge: Ann Lamar; Disposition: Appellant's Request for Oral Argument is denied. Order entered.

Carroll H. Sharp and Mary Jo (Usrey) Sharp v. Merchants & Farmers Bank; Hinds Chancery Court 1st District; LC Case #: 2G2002-1140 S/2; Ruling Date: 04/16/2003; Ruling Judge: William Singletary; Disposition: Motion to Make Corrections filed by the appellants is granted. Diaz, J., not participating. Order entered.

In Re: Petition of Deborah L. Denard for Reinstatement to the Practice of Law; Disposition: Motion for rehearing filed by Deborah L. Denard is denied. Graves, J., would grant. Diaz, J., not participating.

In Re: Remanded Federal MDL Silica Products Liability Litigation; LC Case #: MDL 1553; Disposition: Certain Silica Defendants Petition to Establish a Consolidated Pre Trial Court to Administer Silica Related Cases Remanded to the State Court by Federal MDL 1553 filed by Fred Krutz, counsel for various defendants in this matter is dismissed. All motions seeking the dismissal of this petition are hereby granted to the extent that the dismissal of this petition is requested. All other relief sought in the motions to dismiss, if any, is denied. Defendants' Petition for Extraordinary Relief filed by W. Wayne Drinkwater and Margaret Oertling Cupples on behalf of various defendants/petitioners is dismissed. All motions seeking the dismissal of this petition are hereby granted to the extent that the dismissal of this petition is requested. All other relief sought in the motions to dismiss, if any, is denied. Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., agree. Diaz, J., not participating. Order entered.

In Re: Remanded Federal MDL Silica Products Liability Litigation; LC Case #: MDL 1553; Disposition: Certain Silica Defendants Petition to Establish a Consolidated Pre Trial Court to Administer Silica Related Cases Remanded to the State Court by Federal MDL 1553 filed by Fred Krutz, counsel for various defendants in this matter is dismissed. All motions seeking the dismissal of this petition are hereby granted to the extent that the dismissal of this petition is requested. All other relief sought in the motions to dismiss, if any, is denied. Defendants' Petition for Extraordinary Relief filed by W. Wayne Drinkwater and Margaret Oertling Cupples on behalf of various defendants/petitioners is dismissed. All motions seeking the dismissal of this petition are hereby granted to the extent that the dismissal of this petition is requested. All other relief sought in the motions to dismiss, if any, is denied. Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., agree. Diaz, J., not participating. Order entered.

In Re: Remanded Federal MDL Silica Products Liability Litigation; LC Case #: MDL 1553; Disposition: Certain Silica Defendants Petition to Establish a Consolidated Pre Trial Court to Administer Silica Related Cases Remanded to the State Court by Federal MDL 1553 filed by Fred Krutz, counsel for various defendants in this matter is dismissed. All motions seeking the dismissal of this petition are hereby granted to the extent that the dismissal of this petition is requested. All other relief sought in the motions to dismiss, if any, is denied. Defendants' Petition for Extraordinary Relief filed by W. Wayne Drinkwater and Margaret Oertling Cupples on behalf of various defendants/petitioners is dismissed. All motions seeking the dismissal of this petition are hereby granted to the extent that the dismissal of this petition is requested. All other relief sought in the motions to dismiss, if any, is denied. Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., agree. Diaz, J., not participating. Order entered.

In Re: Remanded Federal MDL Silica Products Liability Litigation; LC Case #: MDL 1553; Disposition: Certain Plaintiffs' Petition to Adopt Class Action Rules in Order to Certify a Plaintiff Class for Medical Monitoring and to Adopt Pre-Trial Discovery Orders in Order to Streamline the Administration of Certain Silica-Related Cases to be Remanded to the State Courts by Federal MDL 1553 filed by F. Gerald Maples and Meredith A. Mayberry is denied insofar as the petitioners seek to have this Court certify the silica-related cases as a medical monitoring class action lawsuit. The request to have this Court adopt rules of procedure for filing and maintaining class action lawsuits in this state shall be submitted to the Supreme Court Rules Advisory Committee pursuant to M.R.A.P. 27(f). Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., agree. Diaz, J., not participating. Order entered.

In Re: Remanded Federal MDL Silica Products Liability Litigation; LC Case #: MDL 1553; Disposition: Martin Materials and Unimin's Petition for Extraordinary Relief filed by counsel for the defendants/petitioners is dismissed insofar as the petitioners request that this Court issue writs of mandamus to the certain circuit courts of this state with regard to silica-related litigation. Martin Materials and Unimin's Petition for Extraordinary Relief filed by counsel for the defendants/petitioners shall be submitted to the Supreme Court Rules Advisory Committee pursuant to M.R.A.P. 27(f). Certain Respondents/Plaintiffs Motion to Strike is dismissed as moot. Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., agree. Diaz, J., not participating. Order entered.

In Re: Remanded Federal MDL Silica Products Liability Litigation; LC Case #: MDL 1553; Disposition: Martin Materials and Unimin's Petition for Extraordinary Relief filed by counsel for the defendants/petitioners is dismissed insofar as the petitioners request that this Court issue writs of mandamus to the certain circuit courts of this state with regard to silica-related litigation. Martin Materials and Unimin's Petition for Extraordinary Relief filed by counsel for the defendants/petitioners shall be submitted to the Supreme Court Rules Advisory Committee pursuant to M.R.A.P. 27(f). Certain Respondents/Plaintiffs Motion to Strike is dismissed as moot. Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., agree. Diaz, J., not participating. Order entered.

In Re: Remanded Federal MDL Silica Products Liability Litigation; LC Case #: MDL 1553; Disposition: Special Appearance by Certain Plaintiffs for the Purpose of Requesting that their cases be Exempt from Defendants' Petition for Extraordinary Relief Since Certain Plaintiffs are not a Party to the Instant Matter filed by R. Allen Smith, Jr., is dismissed as moot. Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., agree. Diaz, J., not participating. Order entered.

In Re: Remanded Federal MDL Silica Products Liability Litigation; LC Case #: MDL 1553; Disposition: Plaintiff's Supplemental Response to Petition for Extraordinary Relief and Motion to Dismiss filed by Michael L. Ward is dismissed as moot. Motion of 3M Company for Extension of Time Within Which to Respond to Certain Motions is dismissed as moot. Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., agree. Diaz, J., not participating. Order entered.