10/14/2004 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  89-R-99015-SCT

In Re: Local Rules; Disposition: Petition for Amendment of Local Rule on Assignment of Cases filed by the chancellors of the Chancery Court, First Judicial District of Mississippi is granted. Local Rule 1.06(a) of the Local Rules of the Chancery Court, First Judicial District is amended as set forth in Exhibit "A" attached to the order. The Clerk of the Supreme Court shall spread this order on the minutes of the Court and shall forthwith forward a true copy of this order to West Publishing Company for inclusion in the Southern Reporter, Second Series (Mississippi Edition). Diaz, Carlson, Graves and Randolph, JJ., not participating. Order entered.

Stephen Elliot Powers v. State of Mississippi; Forrest Circuit Court; LC Case #: 98-114-CR; Ruling Date: 12/15/2000; Ruling Judge: Richard McKenzie; Disposition: Motion for rehearing filed by Stephen Elliot Powers is denied. Cobb, P.J., and Dickinson, J., would grant. Diaz and Graves, JJ., not participating.

Daniel Meyers v. Mississippi Insurance Guaranty Association ; Jackson Circuit Court; LC Case #: CI-95-0179(1); Ruling Date: 12/03/2001; Ruling Judge: Dale Harkey; Disposition: Motion for rehearing filed by Daniel Meyers is denied. Easley, J., would grant. Diaz and Graves, JJ., not participating.

Shannon Jenkins a/k/a Slink v. State of Mississippi; Oktibbeha Circuit Court; LC Case #: 99-191-CR; Ruling Date: 02/08/2002; Ruling Judge: John Montgomery; Majority Opinion: Graves, J. Disposition: The Judgment of the Court of Appeals is Affirmed in Part and Reversed in Part. Conviction of escape is affirmed. Sentence of five years is reversed and this case is remanded to the Circuit Court of Oktibbeha County for re-sentencing under Miss. Code Ann. Section 97-7-49 (Supp. 2001). Oktibbeha County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Carlson and Dickinson , JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Randolph, J., Dissents With Separate Written Opinion to Follow. Diaz, J., not participating.

Rece Vaughn v. Richard Ambrosino and Ellen Ambrosino; Madison Circuit Court; LC Case #: CI 2000-139; Ruling Date: 02/19/2002; Ruling Judge: Samac Richardson; Majority Opinion: Dickinson, J. Disposition: Affirmed. Rece Vaughn taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., and Easley, J., Concur. Carlson and Randolph, JJ., Concur in Result Only. Diaz and Graves, JJ., not participating.

John A. Ross, Jr. v. State of Mississippi; Sunflower Circuit Court; LC Case #: 2000-0109; Ruling Date: 05/04/2002; Ruling Judge: W. Hines; Disposition: Petition for writ of certiorari filed by counsel for John A. Ross, Jr., 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.

In the Matter of the Estate of Ezell "Boggie" a/k/a "Boogie" Thomas, Deceased: Sharon Haley, Jannie Collins, Derick Thomas, Eric Thomas, Timothy Thomas, Lynn Vallian, Dezie Haley, Gayle Haley, Demetria Murry, Jimmy Dale Dixon, Ray Joseph Fountain, Delanious Grinnell and Marion Oliver v. Glenda Joyce Thomas, Administratrix; Jefferson Chancery Court; LC Case #: 97-0162; Ruling Date: 06/28/2002; Ruling Judge: George Ward; Majority Opinion: Cobb, P.J. Disposition: The Judgment of the Court of Appeals is Reversed, and The Judgment of the Chancery Court of Jefferson County is Affirmed. Appellants taxed with costs of appeal. Votes: Smith, C.J., Carlson, Dickinson and Randolph, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Waller, P.J., Diaz and Graves, JJ., not participating.

George C. Stodghill v. State of Mississippi; Amite Circuit Court; LC Case #: 01-KR-042-J; Ruling Date: 06/03/2002; Ruling Judge: Forrest Johnson, Jr.; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Waller and Cobb, P.JJ., Carlson, Dickinson and Randolph, JJ. To Deny: Easley, J. Not Participating: Diaz and Graves, JJ. Order entered.

Wallace M. Graves Family Trust No.1 v. Mississippi Transportation Commission; DeSoto Special Court of Eminent Domain; LC Case #: CO-2000-0149; Ruling Date: 04/22/2002; Ruling Judge: Mills Barbee; Disposition: Motion to Strike or in the Alternative, Appellee's Response in Opposition to Motion for Rehearing, filed by counsel for the Mississippi Transportation Commission is granted. The motion for rehearing filed by appellant, Wallace M. Graves Family Trust No. l, was untimely filed and is hereby struck. Diaz and Carlson, JJ., not participating. Order entered.

Wallace M. Graves Family Trust No.1 v. Mississippi Transportation Commission; DeSoto Special Court of Eminent Domain; LC Case #: CO-2000-0149; Ruling Date: 04/22/2002; Ruling Judge: Mills Barbee; Disposition: Motion to Strike or in the Alternative, Appellee's Response in Opposition to Motion for Rehearing, filed by counsel for the Mississippi Transportation Commission is granted. The motion for rehearing filed by appellant, Wallace M. Graves Family Trust No. l, was untimely filed and is hereby struck. Diaz and Carlson, JJ., not participating. Order entered.

Wallace M. Graves Family Trust No.1 v. Mississippi Transportation Commission; DeSoto Special Court of Eminent Domain; LC Case #: CO-2000-0149; Ruling Date: 04/22/2002; Ruling Judge: Mills Barbee; Disposition: Motion to Strike or in the Alternative, Appellee's Response in Opposition to Motion for Rehearing, filed by counsel for the Mississippi Transportation Commission is granted. The motion for rehearing filed by appellant, Wallace M. Graves Family Trust No. l, was untimely filed and is hereby struck. Diaz and Carlson, JJ., not participating. Order entered.

Phillip Horne, et al. v. Mobile Area Water & Sewer System, Board of Water & Sewer Commissioners of the City of Mobile, Alabama, and City of Mobile, Alabama; Jackson Chancery Court; LC Case #: 99-2027; Ruling Date: 10/21/2002; Ruling Judge: Donald Patterson; Disposition: Motion for rehearing filed by Mobile Area Water & Sewer System, Board of Water & Sewer Commissioners of the City of Mobile, Alabama, and City of Mobile, Alabama, is denied. Diaz and Graves, JJ., not participating.

Roger Johnson v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-432; Ruling Date: 11/18/2002; Ruling Judge: Bobby DeLaughter; Disposition: Petition for writ of certiorari filed by counsel for Roger Johnson is denied. Johnson's pro se petition for writ of certiorari 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.

Glenda May v. Harrison County Department of Human Services; Harrison Youth Court 1st District; LC Case #: 24YC00T0033; Ruling Date: 01/28/2003; Ruling Judge: Michael Ward; Disposition: Motion for rehearing filed by Glenda May is denied. Diaz, J., not participating.

Randy Braswell d/b/a Worldwide Drilling v. T & T Welding, Inc. and T & T Communications, LLC; Jones Circuit Court 2nd District; LC Case #: 2002-162-CV5; Ruling Date: 08/15/2003; Ruling Judge: Billy Landrum; Disposition: Motion for rehearing filed by Randy Braswell is denied. Diaz and Graves, JJ., not participating.

In Re: Clarence G. Whitt; Jones Circuit Court 2nd District; LC Case #: 2001-19-KR1; Ruling Judge: Billy Landrum; Disposition: Motion for Rehearing on Petition for Out-of-Time Appeal filed pro se by Clarence G. Whitt is denied. Not Participating: Diaz and Graves, JJ. Order entered.

In Re: Silvia R. Arias; Disposition: Motion for Reconsideration of Order Dismissing Petition for Writ of Mandamus filed by counsel for Silvia R. Arias is denied. Not Participating: Diaz, Carlson, Graves and Randolph, JJ. Order entered.

American Automobile Insurance Company v. Cliff N. Hancock; Lee Circuit Court; LC Case #: 01-11(R)L; Ruling Date: 06/01/2004; Ruling Judge: Sharion Aycock; Disposition: Motion to Reconsider Denial of Petition for Interlocutory Appeal by Permission filed by Petitioner is denied. Not Participating: Diaz, Carlson, Graves and Randolph, JJ. Order entered.

Samuel Shaw v. State of Mississippi; Madison Circuit Court; LC Case #: 2003-127; Ruling Judge: William Chapman, III; Disposition: On the Court's own motion, this case is recalled from the Court of Appeals for the limited purpose of ruling on the Motion to Reconsider. Samuel Shaw's Motion to Reconsider Order filed on September 2, 2004, is denied, and this case is reassigned to the Court of Appeals for further disposition. Diaz and Graves, JJ., not participating. Order entered.

American General Financial Services, Inc. f/k/a American General Finance, Inc. v. Clay Rodgers; Holmes Circuit Court; LC Case #: 2002-213; Ruling Judge: Jannie Lewis; Disposition: Motion for Leave to Submit Supplemental Exhibit Volume to Accompany Petition for Interlocutory Appeal by Permission Pursuant to MRAP 5(a) filed by American General Finance, Inc., is granted. The supplemental exhibit volume shall be accepted for filing. Motion to Exceed Page Limit in Brief Supporting Response to Petition for Interlocutory Appeal filed by counsel for Clay Rodgers is granted. Mississippi Consumer Finance Association's motion for leave to file amicus brief in support of the Petition for Interlocutory Appeal is granted. The amicus brief received on August 19, 2004, shall be accepted for filing. Petition for Interlocutory Appeal by Permission Pursuant to M.R.A.P. 5 (a) filed by counsel for American General Finance, Inc., is granted. This matter is remanded to the trial court for further proceedings consistent with this order. Petitioner's request that this matter be consolidated with No. 2004-IA-00847 is dismissed as moot. Petitioner is taxed with all costs of this appeal. Diaz, J., not participating. Smith, C.J., for the Court. Order entered.