10/21/2004 - Hand Down and published opinions in WordPerfect/ZIP format

EN BANC
  2001-CA-01657-SCT

Community Bank, Ellisville, Mississippi f/k/a Merchants and Manufacturers Bank v. Archie Wayne Courtney; Jones Circuit Court 2nd District; LC Case #: 92-4-60; Ruling Date: 05/23/2001; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for rehearing filed by Archie Wayne Courtney is denied. The original opinions of this Court are withdrawn, and these opinions are substituted therefor. Affirmed as to Liability; Judgment Remitted from $306,196.88 to $6,236.88 and Affirmed as Remitted, Conditioned on Acceptance by Archie Wayne Courtney within Ten (10) Days of the Final Judgment of this Court. Otherwise, the Judgment is Vacated and the case is Remanded for a New Trial as to Compensatory Damages Only. Reversed and Rendered as to Punitive Damages. Easley and Graves, JJ., would grant. Diaz, Dickinson and Randolph, JJ., not participating.

Community Bank, Ellisville, Mississippi f/k/a Merchants and Manufacturers Bank v. Archie Wayne Courtney; Jones Circuit Court 2nd District; LC Case #: 92-4-60; Ruling Date: 05/23/2001; Ruling Judge: Forrest Johnson, Jr.; Disposition: Motion for rehearing filed by Community Bank is denied. The original opinions of this Court are withdrawn, and these opinions are substituted therefor. Affirmed as to Liability; Judgment Remitted from $306,196.88 to $6,236.88 and Affirmed as Remitted, Conditioned on Acceptance by Archie Wayne Courtney Within Ten (10) Days of the Final Judgment of this Court. Otherwise, the Judgment is Vacated and the case is Remanded for a New Trial as to Compensatory Damages Only. Reversed and Rendered as to Punitive Damages. Easley and Graves, JJ., would grant. Diaz, Dickinson and Randolph, JJ., not participating.

Community Bank, Ellisville, Mississippi f/k/a Merchants and Manufacturers Bank v. Archie Wayne Courtney; Jones Circuit Court 2nd District; LC Case #: 92-4-60; Ruling Date: 05/23/2001; Ruling Judge: Forrest Johnson, Jr.; Majority Opinion: Smith, C.J. Disposition: The motions for rehearing are denied. The original opinions of this Court are withdrawn, and these opinions are substituted therefor. Affirmed as to Liability; Judgment Remitted from $306,196.88 to $6,236.88 and Affirmed as Remitted, Conditioned on Acceptance by Archie Wayne Courtney Within Ten (10) Days of the Final Judgment of this Court. Otherwise, the Judgment is Vacated and the case is Remanded for a New Trial as to Compensatory Damages Only. Reversed and Rendered as to Punitive Damages. Appellant and appellee taxed with costs of appeal. Votes: Waller, P.J., and Carlson, J., Concur. Cobb, P.J., Concurs in Result Only. Easley, J., Dissents With Separate Written Opinion, Joined by Graves, J. Diaz, Dickinson and Randolph, JJ., not participating. Dissenting Opinion: Easley, J. Votes: Graves, J., Joins This Opinion.

Janssen Pharmaceutica, Inc. and Johnson & Johnson v. Robert Bailey, Rosie Lee Bell, Barbara Bishop, Connie Coleman, Martha Evans, Macy B. Johnston, by and through her natural parents and next friends, Milton Johnston, Tracy Johnston, Maurice Landers, Elsie Queen, Janis White and Mary Williams; Claiborne Circuit Court; LC Case #: 2001-162; Ruling Date: 09/29/2001; Ruling Judge: Lamar Pickard; Disposition: Motion to Reissue the Mandate filed by the appellants is granted. The mandate in this appeal is reissued to the Jefferson County Circuit Court, Case No. 2000-20. Diaz and Randolph, JJ., not participating. Order entered.

Carlos Twillie v. State of Mississippi; Jasper Circuit Court 1st District; LC Case #: 9121-909; Ruling Date: 04/17/2002; Ruling Judge: Robert Evans; Majority Opinion: Carlson, J. Disposition: Affirmed. Jasper County taxed with costs of appeal. Votes: Smith, C.J., Waller and Cobb, P.JJ., Easley, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Zacharia Chase Dambrell v. State of Mississippi; Jackson Circuit Court; LC Case #: 00-10,633(3); Ruling Date: 08/17/2001; Ruling Judge: Dale Harkey; Disposition: Petition for writ of certiorari filed by the State of Mississippi is granted. To Grant: Smith, C.J., Cobb, P.J., Easley, Carlson and Randolph, JJ. To Deny: Waller, P.J., and Dickinson, J. Not Participating Diaz and Graves, JJ. Order entered.

Constrilla Washington Wilson v. General Motors Acceptance Corporation and American Lenders Service Company of Jackson, Mississippi, Inc.; Claiborne Circuit Court; LC Case #: CV-99-0002; Ruling Date: 12/20/2002; Ruling Judge: Lamar Pickard; Disposition: Motion for rehearing filed by appellant is denied. Diaz and Graves, JJ., not participating.

Greenville Lumber Company, Inc. v. Annette F. Hammett; Washington Circuit Court; LC Case #: CI-20-0284; Ruling Date: 10/15/2002; Ruling Judge: Richard Smith; Majority Opinion: Cobb, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz and Graves, JJ., not participating.

Rockaway Commuter Line, Inc. v. John Denham on Behalf of the Wrongful Death Heirs of Ollie Denham; Raesine Denham by and through Her Father and Next Friend, John Denham; and Carolyn A. McSwain; Smith Circuit Court; LC Case #: 97-0247; Ruling Date: 05/31/2001; Ruling Judge: Robert Evans; Majority Opinion: Waller, P.J. Disposition: Reversed and Rendered. Appellees taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Carlson and Dickinson, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, Graves and Randolph, JJ., not participating.

Cives Steel Company Port of Rosedale and Employers Insurance of Wausau, A Mutual Company v. Walter Williams, Jr.; Bolivar Circuit Court 1st District; LC Case #: 2002-22; Ruling Date: 03/21/2003; Ruling Judge: Larry Lewis; Disposition: Petition for writ of certiorari filed by Cives Steel Company Port of Rosedale and Employers Insurance of Wausau, a Mutual Company 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.

Clifton Clark a/k/a Clifton Burns Clark, III v. State of Mississippi; Forrest Circuit Court; LC Case #: 00-490CR; Ruling Date: 07/19/2002; Ruling Judge: Richard McKenzie; Majority Opinion: Smith, C.J. Disposition: Conviction of Armed Robbery and Sentence of Fifty-Four (54) Years in the Custody of the Mississippi Department of Corrections, Affirmed. Appellant taxed with costs of appeal. Votes: Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur. Diaz, J., not participating.

Bethany Wooten, a Minor, by and through Her Parents, Next Friends, and Guardians, Betty Wooten and Charles Wooten v. Mississippi Farm Bureau Insurance Company; Marion Chancery Court; LC Case #: 2003-0083-G-D; Ruling Date: 10/13/2003; Ruling Judge: Sebe Dale, Jr.; Disposition: Appellant's Motion to Reinstate Appeal, which is treated as a Motion for Rehearing, is denied. Diaz and Graves, JJ., not participating.

Jennifer Diaz, Managing member and Green Oaks, LLC v. City of Biloxi; Harrison Circuit Court 2nd District; LC Case #: A 2402-2003-002; Ruling Date: 12/30/2003; Ruling Judge: Stephen Simpson; Disposition: On the Court's own motion, this appeal is assigned to the Court of Appeals. Diaz, J., not participating. Order entered.

Mississippi Valley Title Insurance Company v. Stephanie Bolton and Randy Wayne Bolton; Hinds Circuit Court 1st District; LC Case #: 251-02-967CIV; Ruling Judge: Winston Kidd; Consolidated with 2004-IA-00551-SCT Equiprime, Inc. v. Randy Wayne Bolton and Stephanie Bolton; Hinds Circuit Court 1st District; LC Case #: 251-02-967 CIV; Ruling Date: 03/02/2004; Ruling Judge: Winston Kidd; Consolidated with 2004-IA-00536-SCT Roger M. Tubbs and Joseph F. Lukas v. Randy Wayne Bolton and Stephanie Bolton; Hinds Circuit Court 1st District; LC Case #: 251-02-967CIV; Ruling Date: 03/02/2004; Ruling Judge: Winston Kidd; Disposition: Motion for Clarification of Order filed by counsel for Stephanie Bolton and Randy Wayne Bolton is denied. Not Participating: Diaz and Graves, JJ. Order entered.

Harold's Auto Parts, Inc.,et al. v. Flower Mangialardi, et al.; Bolivar Circuit Court 1st District; LC Case #: 2001-37; Ruling Judge: Kenneth Thomas; Disposition: Motion for rehearing filed by respondents, Flower Mangialardi, et al., is denied. Easley, J., would grant. Diaz, Graves and Randolph, JJ., not participating.

Ford Motor Company and Bridgestone/Firestone North American Tire, LLC Firestone v. Edward Turnage, et al.; Jones Circuit Court 2nd District; LC Case #: 2001-56-CV4; Ruling Date: 08/25/2004; Ruling Judge: Billy Landrum; Disposition: Petition for Interlocutory Appeal filed by counsel for petitioners is granted. This matter is hereby remanded to the trial court for further proceedings consistent with this order. Petitioners are taxed with all costs of this appeal. Diaz, J., not participating. Cobb, P.J., for the Court. Order entered.