10/13/2005 - Hand Down and published opinions in WordPerfect/ZIP format

Dickinson, Jess H.
X  2004-CA-01485-SCT

Lend Lease Asset Management, L.P., Authorized Servicer for LaSalle Bank National Association, as Trustee for Chase Commercial Mortgage, and the Receiver, Marilyn Goolsby v. Cobra Security, Inc., and Wayne Mills; Lafayette Chancery Court; LC Case #: 2003-153; Ruling Date: 10/11/2004; Ruling Judge: Edwin Roberts, Jr.; Majority Opinion: Dickinson, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellants and appellees taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Randolph, JJ., Concur. Easley, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz and Graves, JJ., not participating.

Keener Properties, L.L.C. and Sarah Elizabeth Keener v. Robert B. Wilson, The Maurice G. Wilson Trust and Anderson-Tully Company; Claiborne Chancery Court; LC Case #: 2002-113; Ruling Date: 02/18/2004; Ruling Judge: Kennie Middleton; Majority Opinion: Graves, J. Disposition: Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Roderick Eskridge v. State of Mississippi; Grenada Circuit Court; LC Case #: 980011ACR; Ruling Date: 01/26/1999; Ruling Judge: C. Morgan, III; Disposition: Motion for Re-Sentencing filed by counsel for Roderick Eskridge is granted. This matter is remanded to the Grenada County Circuit Court for re-sentencing in accordance with the decision of Roper v. Simmons, 543 U.S. ____, 125 S.Ct. 1183, 1201, 161 L.Ed.2d 1, 28 (2005). Diaz, J., not participating. Order entered.

Mississippi State Tax Commission v. Murphy Oil USA, Inc.; Simpson Chancery Court; LC Case #: 2001-0086; Ruling Date: 01/21/2003; Ruling Judge: J. Buffington; Disposition: The motion for rehearing filed by Murphy Oil USA, Inc., is granted. The prior opinions are withdrawn, and this opinion is substituted therefor. Reversed and Rendered. Diaz, J., not participating.

Mississippi State Tax Commission v. Murphy Oil USA, Inc.; Simpson Chancery Court; LC Case #: 2001-0086; Ruling Date: 01/21/2003; Ruling Judge: J. Buffington; Majority Opinion: Smith, C.J. Disposition: The motion for rehearing is granted. The prior opinions are withdrawn, and this opinion is substituted therefor. Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.

In the Matter of the Enlargement and Extension of the Municipal Boundaries of the City of Jackson, Mississippi: City of Jackson, Mississippi, and Madison County, Mississippi v. City of Ridgeland, Mississippi; Madison Chancery Court; LC Case #: 97-857; Ruling Date: 12/31/2002; Ruling Judge: Gail Barnett; Majority Opinion: Smith, C.J. Disposition: Affirmed in Part; Reversed and Rendered in Part; and Remanded. Appellants and appellee taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part Without Separate Written Opinion. Diaz, J., not participating.

Pike County Board of Supervisors and Mississippi Public Entity Workers' Compensation Trust v. Otis Varnado; Pike Circuit Court; LC Case #: 02-167-A; Ruling Date: 09/12/2003; Ruling Judge: Keith Starrett; Disposition: Petition for writ of certiorari filed by the Pike County Board of Supervisors and the Mississippi Public Entity Workers' Compensation Trust 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.

Stephanie K. Stephens v. State of Mississippi; Forrest Circuit Court; LC Case #: 03-104CR; Ruling Date: 09/15/2003; Ruling Judge: Jess Dickinson; Disposition: Motion for rehearing filed by appellant is denied. Diaz and Dickinson, JJ., not participating.

Peter A. Koury v. Jon D. Ready; Hinds Chancery Court 1st District; LC Case #: G-2001-945 O/3; Ruling Date: 02/09/2004; Ruling Judge: Denise Owens; Disposition: Motion for rehearing filed by appellee is denied. Graves, J., would grant. Waller, P.J., and Diaz, J., not participating.

G. B. "Boots" Smith Corporation v. Henry R. Cobb, Jr. and Richard Cobb; Coahoma Chancery Court; LC Case #: 2000-584; Ruling Date: 04/01/2004; Ruling Judge: William Willard, Jr.; Disposition: Motion for rehearing filed by appellees is denied. Diaz, J., not participating.

Anni V. Yatham v. Cedric Rochie Young, Alexis Rashaad Young, Amberly Raquel Young, Kaitlynn Reshae Young, Erica Tucker, Timothy Tucker, Mildred Tucker and Darril Young; Scott Circuit Court; LC Case #: 2004-CV-026-SC-G; Ruling Date: 05/02/2004; Ruling Judge: Marcus Gordon; Majority Opinion: Cobb, P.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz and Easley, JJ., not participating.

Prime RX, LLC and Dale Weaver Guins d/b/a Prime RX v. McKendree, Inc. d/b/a McKendree Wholesale; Madison Circuit Court; LC Case #: 2003-0247; Ruling Date: 07/22/2004; Ruling Judge: Samac Richardson; Majority Opinion: Graves, J. Disposition: Affirmed. Statutory penalty of $8,115.51 awarded McKendree, Inc. Appellants 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.

Troy Martin, Annie Mae Southward and Azzie Lee Martin v. Clarence Lowery; Tishomingo Chancery Court; LC Case #: 2004-002-71-L; Ruling Date: 08/20/2004; Ruling Judge: Talmadge Littlejohn; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Graves, J., Dissents Without Separate Written Opinion. Diaz, J., not participating.