Mississippi Supreme Court

Hand Down Lists
October 10, 2002

10/10/2002 - Hand Down and published opinions in WordPerfect/ZIP format

Easley, Chuck
X 98-CA-00540-SCT

Harrison, Neil R. and Julia A. Harrison v. Fred L. McMillan Madison Circuit Court; LC Case # CI970030; Ruling: 01/20/1998; Samac Richardson; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Carlson and Graves, JJ., Concur. Waller, J., not participating.


Easley, Chuck
X 2000-CA-01909-SCT

Westbrook, Jack L. Jr., Individually and as Executor of the Estate of Thelma P. Westbrook, Deceased and Cambridge Mutual Insurance Company v. City of Jackson, Mississippi, et al. Hinds Circuit Court 1st District; LC Case # 90-64-358; Ruling: 10/07/2000; James Graves, Jr.; Majority Opinion: Easley, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Pittman, C.J., Diaz and Carlson, JJ., Concur. McRae and Smith, P.JJ., and Cobb, J., Concur in Result Only. Waller and Graves, JJ., not participating.


EN BANC
97-CT-01639-SCT

Bickham, Ruby Lorene, as the Administratrix for the Estate of Tamara Bickham; Christopher Matthew Bickham; and Christopher Matthew Bickham, II, a Minor, By and Through His Next Friend, Christopher Matthew Bickham v. Dr. Fred Y. Grant, Dr. John S. Harris, Rush Foundation Hospital and Rush Medical Group, P. A. Lauderdale Circuit Court; LC Case # 93CV153; Ruling: 09/25/1997; Larry Roberts; Disposition: Petition for writ of certiorari filed by Dr. Fred Y. Grant, Dr. John S. Harris and Rush Medical Group, P.A., is granted. To Grant: Smith, P.J., Waller, Cobb, Easley and Carlson, JJ. To Deny: Pittman, C.J., McRae, P.J., Diaz and Graves, JJ. Order entered.


EN BANC
97-CT-01639-SCT

Bickham, Ruby Lorene, as the Administratrix for the Estate of Tamara Bickham; Christopher Matthew Bickham; and Christopher Matthew Bickham, II, a Minor, By and Through His Next Friend, Christopher Matthew Bickham v. Dr. Fred Y. Grant, Dr. John S. Harris, Rush Foundation Hospital and Rush Medical Group, P. A. Lauderdale Circuit Court; LC Case # 93CV153; Ruling: 09/25/1997; Larry Roberts; Disposition: Petition for writ of certiorari filed by Ruby Lorene Bickham, et al., is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Waller, Diaz, Carlson and Graves, JJ. To Grant: Cobb and Easley, JJ. Order entered.


EN BANC
1998-CA-01523-SCT

Jones, Charles T., Individually and as a Taxpayer and Citizen of Montgomery County, Mississippi and The Mississippi Ethics Commission v. Bobby M. Howell, Individually and as Mississippi State Representative, District 46; Kilmichael Drugs, Inc.; John Read, Individually and as Mississippi State Representative, District 112; and Division of Medicaid, Office of the Governor, State of Mississip Hinds Chancery Court 1st District; LC Case # G951579; Ruling: 08/27/1998; William Singletary; Disposition: The motion for rehearing and/or clarification of opinion filed by appellants is denied. McRae, P.J., and Diaz, J., would grant. Waller, J., not participating.


EN BANC
1998-CA-01523-SCT

Jones, Charles T., Individually and as a Taxpayer and Citizen of Montgomery County, Mississippi and The Mississippi Ethics Commission v. Bobby M. Howell, Individually and as Mississippi State Representative, District 46; Kilmichael Drugs, Inc.; John Read, Individually and as Mississippi State Representative, District 112; and Division of Medicaid, Office of the Governor, State of Mississip Hinds Chancery Court 1st District; LC Case # G951579; Ruling: 08/27/1998; William Singletary; Disposition: The motion for rehearing and/or clarification of opinion filed by appellants is denied. McRae, P.J., and Diaz, J., would grant. Waller, J., not participating.


EN BANC
XX 1999-CT-02093-SCT

Meridian Professional Baseball Club and Liberty Mutual Insurance Company v. Blair Jensen Lauderdale Circuit Court; LC Case # 99CV126B; Ruling: 11/15/1999; Robert Bailey; Majority Opinion: Cobb, J. Disposition: The judgment of the Court of Appeals is affirmed. Meridian Professional Baseball Club and Liberty Mutual Insurance Company taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Waller and Carlson, JJ., Concur. Easley, J., Concurs in Result Only. Graves, J., Dissents Without Separate Written Opinion. McRae, P.J., Dissents With Separate Written Opinion Joined by Diaz, J. Dissenting Opinion: McRae, P.J. Votes: Diaz, J., Joins This Opinion.


EN BANC
2000-KA-00247-SCT

Randle, Jeffrey v. State of Mississippi Clay Circuit Court; LC Case # 7462; Ruling: 10/02/1999; Lee Howard; Disposition: The motion for rehearing filed by appellant is denied. Easley, J., not participating.


EN BANC
2000-CT-00563-SCT

Montgomery, Willie L. v. State of Mississippi Union Circuit Court; LC Case # UK-98-136; Ruling: 11/18/1999; R. Coleman; Disposition: Petition for writ of certiorari filed by Willie L. Montgomery is denied. To Deny: All Justices. Order entered.


EN BANC
2000-CA-00751-SCT

The Alabama Great Southern Railroad Company v. Freddie Lee, Sr., Administrator of the Estate of Freddie Lee, Jr., Deceased, and Freddie Lee, Sr., Linda S. Lee, Individually, and Marvin Pigford Forrest Circuit Court; LC Case # 98-0027; Ruling: 02/07/2000; Richard McKenzie; Disposition: Motion for Stay of Mandate Pending Application to the United States Supreme Court for Writ of Certiorari filed by Alabama Great Southern Railroad Company is granted. The mandate is stayed for thirty (30) days from entry of this order. Order entered.


EN BANC
2000-CA-00778-SCT

Smith, Bennie Loyd, Deceased, In the Matter of the Estate of: Tyree Irving and Ethola Irving v. Hallie Phillips Streater Carroll Chancery Court 2nd District; LC Case # 97-0020; Ruling: 02/23/2000; John Love, Jr.; Disposition: The motion for rehearing filed by appellants is denied. McRae, P.J., Diaz, Easley and Graves, JJ., would grant. Waller, J., not participating.


EN BANC
X 2000-CT-00826-SCT

Aronson, Nicholas Mark v. The University of Mississippi Lafayette Chancery Court; LC Case # 99-114; Ruling: 04/20/2000; Glenn Alderson; Majority Opinion: Waller, J. Disposition: Reversed and Remanded. Nicholas Mark Aronson taxed with costs of appeal. Votes: Pittman, C.J., Smith, P.J., Cobb, Diaz, Carlson and Graves, JJ., Concur. Easley, J., Concurs in Result Only. McRae, P.J., Dissents Without Separate Written Opinion.


EN BANC
2000-CT-00897-SCT

King, Cedric a/k/a Cedric Lamar King v. State of Mississippi Montgomery Circuit Court; LC Case # 2000-0041-CV-M; Ruling: 05/18/2000; C. Morgan, III; Disposition: Petition for writ of certiorari filed by Cedric King is denied. To Deny: Pittman, C.J., McRae and Smith, P.JJ., Cobb, Diaz, Easley, Carlson and Graves, JJ. To Dismiss: Waller, J. Order entered.


EN BANC
2000-CT-00957-SCT

Brandon, Carl v. Claiborne County, Mississippi; Charles Johnson, Individually; Edward Carter, Individually; Joel Grigsby, Individually; and Albert Butler, Individually Claiborne Circuit Court; LC Case # 98-0085; Ruling: 05/08/2000; Lamar Pickard; Disposition: Petition for writ of certiorari filed by Carl Brandon is denied. To Deny: All Justices. Order entered.


EN BANC
2000-CT-01725-SCT

Waterman, Terrance a/k/a Tiger v. State of Mississippi Pike Circuit Court; LC Case # 00-176-KB-2; Ruling: 07/28/2000; Mike Smith; Disposition: Petition for writ of certiorari filed by Terrance Waterman is denied. To Deny: All Justices. Order entered.


EN BANC
2000-CT-01743-SCT

Johnson, Shannon Paige v. Amanda Johnson Lincoln Chancery Court; LC Case # 99-606; Ruling: 06/30/2000; Donald Patterson; Disposition: Petition for writ of certiorari filed by Amanda Johnson is denied. To Deny: Pittman, C.J., Smith, P.J., Waller, Cobb, Diaz, Carlson and Graves, JJ. To Grant: McRae, P.J., and Easley, J. Order entered.


EN BANC
2001-CT-00049-SCT

Foamex Products, Inc. and The Insurance Company of the State of Pennsylvania v. Sandra Simons Lee Circuit Court; LC Case # CV00-156(R)L; Ruling: 12/08/2000; Frank Russell; 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 by Foamex Products, Inc. and The Insurance Company of the State of Pennsylvania is extended until October 31, 2002. A final decision on whether to grant or deny the petition shall be entered on or before October 31, 2002. Order entered.


EN BANC
2001-CT-00085-SCT

Adams, Roy a/k/a Roy Lee Adams v. State of Mississippi Hinds Circuit Court 1st District; LC Case # G-369; Ruling: 12/15/2000; W. Yerger; 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 by Roy Adams is extended until December 12, 2002. A final decision on whether to grant or deny the petition shall be entered on or before December 12, 2002. Order entered.


EN BANC
2001-CT-00252-SCT

Smith, Rebecca McDonald, Jimmy Smith, Cynthia S. Nance (Eaton) and Lisa S. Rogers v. Mark Orman, Administrator, D.N.B.C.T.A., David McDonald, William G. McDonald, Marion Earl Henley, Thelma McDonald Nunnery, Betty Madison Harrison Goodhart, Sam Allen Madison, Patricia Clark and Jane McDonald Brasfield (Abshire) Benton Chancery Court; LC Case # 95-014; Ruling: 01/17/2001; Norman Gillespie; Disposition: Petition for writ of certiorari filed by Rebecca McDonald Smith, et al., is denied. To Deny: All Justices. Order entered.


EN BANC
2001-CT-00252-SCT

Smith, Rebecca McDonald, Jimmy Smith, Cynthia S. Nance (Eaton) and Lisa S. Rogers v. Mark Orman, Administrator, D.N.B.C.T.A., David McDonald, William G. McDonald, Marion Earl Henley, Thelma McDonald Nunnery, Betty Madison Harrison Goodhart, Sam Allen Madison, Patricia Clark and Jane McDonald Brasfield (Abshire) Benton Chancery Court; LC Case # 95-0149; Ruling: 01/17/2001; Norman Gillespie; Disposition: On March 25, 2002, the appellees filed a motion in which they asked that the mandate in this matter include a remand to the trial court for assessment of attorneys' fees, interest, and statutory penalties. Since the filing of that motion, the appellants filed a petition for writ of certiorari. The petition for writ of certiorari has now been denied. On the Court's own motion, this matter is remanded to the Court of Appeals for a ruling on the motion for assessment of attorneys' fees, interest and statutory penalties. Order entered.


EN BANC
2001-CT-00709-SCT

Young, Patty v. William (Bill) Benson and State Farm Fire & Casualty Insurance Company Lee Circuit Court; LC Case # 99-258(g)L; Ruling: 07/05/2000; Thomas Gardner, III; Disposition: Petition for writ of certiorari filed by Patty Young is denied. To Deny: All Justices. Order entered.


EN BANC
2001-CT-00946-SCT

Watts, Hayward v. State of Mississippi Winston Circuit Court; LC Case # 2000-158-CR; Ruling: 05/11/2001; Joseph Loper, Jr.; Disposition: Petition for writ of certiorari filed by Hayward Watts is denied. To Deny: All Justices. Order entered.


EN BANC
2002-CA-00375-SCT

ADW Transport, Inc. v. Deborah D. Tiner Wayne Circuit Court; LC Case # 99-43-CV; Ruling: 02/13/2002; Larry Roberts; Disposition: Joint Motion for Dismissal of Appeal filed by appellant and appellee is granted. This appeal is dismissed upon entry of this order. Each party shall bear its own costs. Pittman, C.J., for the Court. Order entered.