10/06/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2004-IA-00918-SCT

Monsanto Company v. Bobby G. Hall, et al.; Adams Circuit Court; LC Case #: 02-KV-0187-J; Ruling Date: 04/15/2004; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Carlson, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz and Randolph, JJ., not participating.

In the Matter of the Estate of Grace Carter, Deceased: Mary Helen Robbins Frazier, Executrix v. Daniel Shackelford, Mississippi Baptist Foundation, Mississippi Baptist Children's Village and Blue Mountain College; Tippah Chancery Court; LC Case #: 94-0372-R; Ruling Date: 06/18/2004; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley and Randolph, JJ., Concur. Graves, J., Concurs in Result Only. Diaz and Dickinson, JJ., not participating.

Sanderson Farms Inc. (Production Division) v. Tanya Ballard, Rann McGraw and Willie McIntosh; Lawrence Chancery Court; LC Case #: 2000-0246; Ruling Date: 11/22/2002; Ruling Judge: J. Buffington; Consolidated with 2003-IA-02490-SCT Sanderson Farms, Inc. v. Kenny Austin, Charlett Hathorn and Leroy Spring; Jefferson Davis Chancery Court; LC Case #: 02-0225; Ruling Date: 06/17/2004; Ruling Judge: J. Buffington; Majority Opinion: Easley, J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Mississippi Transportation Commission v. Gary D. Jackson and Linda M. Jackson; Harrison Special Court of Eminent Domain 1st District; LC Case #: D2401-2000-1296; Ruling Date: 09/23/2003; Ruling Judge: Robin Midcalf; Majority Opinion: Cobb, P.J. Disposition: Per Curiam Affirmance Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

In Re: Rules of Professional Conduct; Disposition: Petition for Temporary Emergency Amendments to Certain Mississippi Rules of Professional Conduct filed by The Mississippi Bar is granted in part and denied in part. The requested suspension of the filing fees provided for in Rule 7.5 of the Mississippi Rules of Professional Conduct is denied. The request for a limited period of ninety (90) days for a relaxation of the provisions of Rule 1.8(e)(2) of the Rules of Professional Conduct is granted to the extent set forth in 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). These amendments, however, being effective for a short duration, shall not be published in the Mississippi Rules of Court. Diaz, J., not participating. Order entered.

Deborah McFarland v. Entergy Mississippi, Inc.; Hinds Circuit Court 1st District; LC Case #: 251-97-166 c/v; Ruling Date: 03/07/2003; Ruling Judge: W. Yerger; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Reversed, and the Judgment of the Hinds County Circuit Court is Affirmed. Appellant taxed with costs of appeal. Votes: Easley, Carlson and Dickinson, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Randolph, J., Concurs in Part and Dissents in Part With Separate Written Opinion. Waller, P.J. and Diaz, J., not participating. Concurring in Part and Dissenting in Part Opinion: Randolph, J. Votes: Cobb, P.J., Joins This Opinion.

Joe Earl Sweat v. State of Mississippi; Itawamba Circuit Court; LC Case #: CV03-005(F)I; Ruling Date: 04/14/2003; Ruling Judge: Paul Funderburk; Majority Opinion: Cobb, P.J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part, and the Judgment of the Itawamba County Circuit Court is Affirmed in Part and Reversed and Rendered in Part. Itawamba County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Barber Seafood, Inc. d/b/a Uncle Chester's Fish House and Mississippi Restaurant Association Workmen's Compensation Trust v. Sandra Louise Smith; Pearl River Circuit Court; LC Case #: CVV2002-0536; Ruling Date: 03/12/2003; Ruling Judge: R. Prichard, III; Disposition: Motion for rehearing filed by Sandra Louise Smith is denied. Diaz and Graves, JJ., not participating.

Patricia H. Thornhill f/k/a Patricia H. Van Dan v. Wilmon Van Dan; Walthall Chancery Court; LC Case #: 98-0208; Ruling Date: 04/14/2003; Ruling Judge: W. McGehee, II; Disposition: Petition for writ of certiorari filed by Patricia H. Thornhill is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson and Dickinson, JJ. To Deny: Graves and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Billy Ray Dunaway v. State of Mississippi; Pike Circuit Court; LC Case #: 02-167-KB; Ruling Date: 11/22/2002; Ruling Judge: Mike Smith; Disposition: Motion to withdraw petition for writ of certiorari filed by pro se by Billy Ray Dunaway is granted. Dunaway's petition for writ of certiorari currently filed with this Court is dismissed without prejudice, and it is to be re-filed on or before November 29, 2005. Order entered.

Billy Ray Dunaway v. State of Mississippi; Pike Circuit Court; LC Case #: 02-167-KB; Ruling Date: 11/22/2002; Ruling Judge: Mike Smith; Disposition: Motion to withdraw petition for writ of certiorari filed by pro se by Billy Ray Dunaway is granted. Dunaway's petition for writ of certiorari currently filed with this Court is dismissed without prejudice, and it is to be re-filed on or before November 29, 2005. Order entered.

Michael A. Everett v. Charlie J. Everett; Simpson Chancery Court; LC Case #: 99-0097; Ruling Date: 07/29/2003; Ruling Judge: J. Buffington; Disposition: Petition for writ of certiorari filed by Michael A. Everett 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.

Joseph Thompson, By and Through His Mother and Next Friend, Nancy Thompson v. Lee County School District; Lee Circuit Court; LC Case #: CV99-245(G)L; Ruling Date: 10/09/2003; Ruling Judge: Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by counsel for Lee County School District is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson, JJ. To Deny: Easley, Graves and Randolph, JJ. Not Participating: Diaz, J. Order entered.

Mississippi Transportation Commission v. Gary D. Jackson and Linda M. Jackson; Harrison Special Court of Eminent Domain 1st District; LC Case #: D2401-2000-1296; Ruling Date: 09/23/2003; Ruling Judge: Robin Midcalf; Disposition: Motion to Strike filed by the appellant is granted. Diaz, J., not participating. Order entered.

Sanderson Farms, Inc. v. Kenny Austin, Charlett Hathorn and Leroy Spring; Jefferson Davis Chancery Court; LC Case #: 02-0225; Ruling Date: 06/17/2004; Ruling Judge: J. Buffington; Consolidated with 2002-IA-01938-SCT Sanderson Farms Inc. (Production Division) v. Tanya Ballard, Rann McGraw and Willie McIntosh; Lawrence Chancery Court; LC Case #: 2000-0246; Ruling Date: 11/22/2002; Ruling Judge: J. Buffington; Disposition: Motion to take Judicial Notice filed by counsel for Sanderson Farms, Inc., is dismissed as moot. Diaz. J., not participating. Order entered. Motion to take Judicial Notice filed by counsel for Kenny Austin, Charlett N. Hathorn, Leroy Spring, Tanya Ballard, Rann McGraw and Willie McIntosh is dismissed as moot. Diaz, J., not participating. Order entered.