09/30/2004 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2003-IA-00440-SCT

Janssen Pharmaceutica, Inc., and Johnson & Johnson, et al. v. Hattie Jackson, et al.; Holmes Circuit Court; LC Case #: 2002-0253; Ruling Date: 11/25/2002; Ruling Judge: Jannie Lewis; Majority Opinion: Dickinson, J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., and Carlson, J., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Waller, P.J., Diaz, Graves and Randolph, JJ., not participating.

Dennis Earl Townes v. Nay Ruth Manyfield and B. L. Manyfield; Hinds Chancery Court 2nd District; LC Case #: G2002-77-S/2; Ruling Date: 11/30/2002; Ruling Judge: William Singletary; Majority Opinion: Dickinson, J. Disposition: Vacated and Remanded. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Concur. Easley, J., Concurs in Result Only. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

In Re: Authorization of Court Annexed Mediation In Chancery, Circuit and County Courts; Disposition: Petition of the Court Annexed Mediation Committee is granted. Rule XIII of the Court Annexed Mediation Rules for Civil Litigation 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 forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Diaz, J., not participating. Order entered.

In Re: Mississippi Rules of Appellate Procedure; Disposition: On the Court's own motion, Rules 27(b) and 41(c) of the Mississippi Rules of Appellate Procedure are amended as set forth in Exhibits "A" and "B" attached to the order. The Clerk of this Court shall spread this order upon the minutes of the Court and shall forward a true certified copy hereof to West Publishing Company for publication in the next edition of the Mississippi Rules of Court and in the Southern Reporter, Second Series, (Mississippi Edition). Diaz, J., not participating. Order entered.

Anthony Doss v. State of Mississippi; Grenada Circuit Court; LC Case #: 6078A; Ruling Date: 03/30/1993; Ruling Judge: James Sumner; Disposition: Motion for rehearing filed by petitioner, Anthony Doss, is denied. Diaz, J., not participating.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Ruling Judge: R. Coleman; Disposition: Motion for rehearing filed by counsel for petitioner, Earl Wesley Berry, is denied. Diaz, J., not participating.

Edwin Welsh v. William M. Mounger, II, E. B. Martin, Jr., MSM, Inc. and Mercury Wireless Management, Inc.; Hinds Chancery Court 1st District; LC Case #: G2000-1611 O/3; Ruling Date: 06/27/2002; Ruling Judge: Denise Owens; Disposition: "Appellant Edwin Welsh's Motion for Reconsideration of Order Denying Motion for Recusal of Chief Justice Smith" is denied. Waller, P.J., Diaz, Graves and Randolph, JJ., not participating. Order entered.

Edwin Welsh v. William M. Mounger, II, E. B. Martin, Jr., MSM, Inc. and Mercury Wireless Management, Inc.; Hinds Chancery Court 1st District; LC Case #: G2000-1611 O/3; Ruling Date: 06/27/2002; Ruling Judge: Denise Owens; Disposition: "Appellant Edwin Welsh's Motion for Reconsideration of Order Denying Motion for Recusal of Justice Jess H. Dickinson" is denied. Each counsel for Welsh is directed to inform this Court, within five days from the date of this order, whether he or she intended to join in and approve the inclusion of the language, "one of the two Defendants in this case was the highest bidder in the election campaign of Justice Dickinson," in the motion for reconsideration. Additionally, attorney Dana E. Kelly is ordered to show cause, within five days from the date of this Order, why he should not be sanctioned for including the language in the motion, and is further ordered to present to this Court all evidence known to him which supports his allegation that "one of the two Defendants in this case was the highest bidder in the election campaign of Justice Dickinson." Waller, P.J., Diaz, Graves and Randolph, JJ., not participating. Order entered.

Lawrence Branch v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 2001-0003CR1; Ruling Date: 05/23/2002; Ruling Judge: C. Morgan, III; Disposition: Appellee's Motion to Strike "Exhibit A" to the Motion for Rehearing is granted. Diaz and Graves, JJ., not participating. Order entered.

Lawrence Branch v. State of Mississippi; Carroll Circuit Court 1st District; LC Case #: 2001-0003CR1; Ruling Date: 05/23/2002; Ruling Judge: C. Morgan, III; Disposition: Motion for rehearing filed by Lawrence Branch is denied. Diaz and Graves, JJ., not participating.

Clifton Campbell v. State of Mississippi; Yazoo Circuit Court; LC Case #: 20-8611; Ruling Date: 08/16/2002; Ruling Judge: Jannie Lewis; Disposition: Petition for writ of certiorari filed by counsel for Clifton Campbell 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.

Mississippi Department of Corrections v. Victor J. Smith; Hinds Circuit Court 1st District; LC Case #: 251-02-841CIV; Ruling Date: 11/20/2002; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by counsel for Victor J. Smith is denied. To Deny: Smith, C.J., Cobb, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Waller, P.J. Not Participating: Diaz, J. Order entered.

Janssen Pharmaceutica, Inc., and Johnson & Johnson, et al. v. Hattie Jackson, et al.; Holmes Circuit Court; LC Case #: 2002-0253; Ruling Date: 11/25/2002; Ruling Judge: Jannie Lewis; Disposition: L. Douglas Wade, Jr.'s Motion to Withdraw as Counsel of Record for Defendant/Appellee Bradley P. Brown, M.D., is granted. Waller, P.J., Diaz, Graves and Randolph, JJ., not participating. Order entered.

Christopher L'Amont Little v. State of Mississippi; Noxubee Circuit Court; LC Case #: 2002-003; Ruling Date: 03/19/2003; Ruling Judge: Lee Howard; Disposition: Petition for writ of certiorari filed by Christopher L'Amont Little is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ. Not Participating: Diaz and Graves, JJ. Order entered.

Noxubee County School District v. United National Insurance Co. and Murdock Claims Management Company; Noxubee Circuit Court; LC Case #: 2001-263; Ruling Date: 03/07/2003; Ruling Judge: James Kitchens, Jr.; Majority Opinion: Graves, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

Eller Media Company v. Mississippi Transportation Commission; DeSoto Special Court of Eminent Domain; LC Case #: CO-2000-0155; Ruling Date: 05/21/2003; Ruling Judge: Mills Barbee; Consolidated with 2003-CA-01246-SCT Eller Media Company v. Mississippi Transportation Commission; DeSoto Special Court of Eminent Domain; LC Case #: CO-2000-0160; Ruling Date: 05/21/2003; Ruling Judge: Mills Barbee; Disposition: Motion for rehearing filed by Eller Media Company is denied. Diaz and Graves, JJ., not participating.

Forrest General Hospital v. Sydney W. Kelley; Forrest Circuit Court; LC Case #: CI-03-0152; Ruling Judge: Robert Helfrich; Disposition: Motion for Rehearing on Petition for Interlocutory Appeal filed by Forrest County General Hospital is granted. The issue presented by Forrest County General Hospital's petition for interlocutory appeal is hereby assigned to the Court of Appeals to determine if an interlocutory appeal is warranted. If an interlocutory appeal is determined to be warranted, then the Court of Appeals shall render its decision on the merits. To Grant: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Cobb, P.J., and Diaz, J. Order entered.

University of Southern Mississippi and Institutions of Higher Learning v. Eric Davis; Humphreys Circuit Court; LC Case #: 02-0224; Ruling Judge: Jannie Lewis; Disposition: Motion for Interlocutory Appeal filed by counsel for the University of Southern Mississippi and Institutions of Higher Learning is granted. The denial of the University of Southern Mississippi's motion for change of venue is reversed and we transfer this matter to the Circuit Court of Forrest County. The costs of this matter are assessed to the petitioners. To Grant: Smith, C.J., Waller, P.J., Carlson, Dickinson and Randolph, JJ. To Deny: Easley, J. Not Participating: Cobb, P.J., Diaz and Graves, JJ. Dickinson, J., for the Court. Order entered.

In Re: Jack Toler v. Barbara Baymon; Humphreys Circuit Court; LC Case #: 2004-0107; Ruling Judge: Jannie Lewis; Disposition: Petition for Appointment of Special Judge filed by counsel for Jack Toler is granted. The Honorable Kenneth Burns is appointed as special judge in this matter. Diaz, J, not participating. Order entered.

First National Bank of Onaga, Kansas v. Lloyd D. Elarton; Pike Circuit Court; LC Case #: 01-001-B; Ruling Judge: Mike Smith; Disposition: Petition for Permission to File Interlocutory Appeal filed by petitioner is granted. This matter is remanded to the Pike County Circuit Court for dismissal of all claims against First National Bank of Onaga, Kansas. Respondent's Motion for Enlargement of Time to File Answer to Defendant's Petition for Permission to File Interlocutory Appeal is granted. Respondent is taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz and Randolph, JJ. Dickinson, J., for the Court. Order entered.

First National Bank of Onaga, Kansas v. Lloyd D. Elarton; Pike Circuit Court; LC Case #: 01-001-B; Ruling Judge: Mike Smith; Disposition: Petition for Permission to File Interlocutory Appeal filed by petitioner is granted. This matter is remanded to the Pike County Circuit Court for dismissal of all claims against First National Bank of Onaga, Kansas. Respondent's Motion for Enlargement of Time to File Answer to Defendant's Petition for Permission to File Interlocutory Appeal is granted. Respondent is taxed with all costs of this appeal. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Easley and Graves, JJ. Not Participating: Diaz and Randolph, JJ. Dickinson, J., for the Court. Order entered.

In Re: Lillie B. Harris; Leflore Circuit Court; LC Case #: 20-0068CI; Ruling Judge: W. Hines; Disposition: Petition for writ of mandamus filed by petitioner is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Cobb, P.J., and Diaz, J. Order entered.

In Re: Sherry Chambley; Leflore Circuit Court; LC Case #: 20-0144CI; Ruling Judge: W. Hines; Disposition: Petition for writ of mandamus filed by petitioner is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Not Participating: Cobb, P.J., and Diaz, J. Order entered.

Citigroup Inc., Citifinancial Credit Company, Citifinancial Mortgage Company f/k/a American Home Equity Services, Inc., Associates First Capital Corporation, Associates Corporation of North America and Associates Financial Life Insurance Company v. Wannis Siddell, Delores Siddell, Bessie Y. Baylous, Jerry Harmon, Tina Harmon, Yumeka Henderson and Walter Henderson; Hinds Circuit Court 2nd District; LC Case #: 02-34; Ruling Judge: Bobby DeLaughter; Disposition: Petition for Permission to Appeal from an Interlocutory Order and Motion for Stay of Proceedings filed by counsel for petitioners are denied. Waller, P.J., and Dickinson, J., would grant. Cobb, P.J., and Diaz, J., not participating. Order entered.