10/23/2008 - Hand Down and published opinions in WordPerfect/ZIP format

Randolph, Michael K.
XX  2006-CA-01697-SCT

William A. Causey, M.D. v. Reitha Sanders, Individually and on Behalf of all Wrongful Death Beneficiaries of Ersel Allen; Hinds Circuit Court 1st District; LC Case #: 251-02-1031CIV; Ruling Date: 08/15/2006; Ruling Judge: Tomie Green; Majority Opinion: Randolph, J. Disposition: Affirmed in Part; Reversed and Rendered in Part. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Dickinson and Lamar, JJ., Concur. Graves, J., Concurs in Part and Dissents in Part With Separate Written Opinion Joined by Diaz, P.J., and Easley, J. Concurring in Part and Dissenting in Part Opinion: Graves, J. Votes: Diaz, P.J., and Easley, J., Join This Opinion.

Douglas Ricardo Moody v. State of Mississippi; Harrison Circuit Court 1st District; LC Case #: B2401-1-414; Ruling Date: 05/30/2007; Ruling Judge: Stephen Simpson; Majority Opinion: Graves, J. Disposition: Per Curiam Affirmance. Harrison County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur.

George Lee Massey v. State of Mississippi; Lauderdale Circuit Court; LC Case #: 816-06; Ruling Date: 10/05/2007; Ruling Judge: Robert Bailey; Majority Opinion: Easley, J. Disposition: Conviction of lustful touching of a child and sentence of ten (10) years, with five (5) years suspended and five (5) years probation, with conditions, in the custody of the Mississippi Department of Corrections, payment of a fine of $1,000.00, an appearance bond fee of $500.00, Victims Impact Fund of $500.00 and court costs of $295.50, Affirmed. Lauderdale County taxed with costs of appeal. Votes: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Dickinson and Randolph, JJ., Concur. Graves and Lamar, JJ., Concur in Result Only.

Micah Ruffin v. State of Mississippi; Yazoo Circuit Court; LC Case #: 24-9505; Ruling Date: 04/12/2007; Ruling Judge: Jannie Lewis; Majority Opinion: Waller, P.J. Disposition: Count I: Conviction of capital murder and sentence of life imprisonment in the custody of the Mississippi Department of Corrections, without the possibility of parole, Affirmed. Count II: Conviction of armed robbery and sentence of ten (10) years in the custody of the Mississippi Department of Corrections, Affirmed. The sentence imposed in Count II shall run concurrent to the sentence imposed in Count I. Yazoo County taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Anthony Terrell Booker a/k/a Robert Booker v. State of Mississippi; Jackson Circuit Court; LC Case #: 2003-10,660(3); Ruling Date: 05/20/2004; Ruling Judge: Dale Harkey; Majority Opinion: Randolph, J. Disposition: The Judgments of the Court of Appeals and the Circuit Court of Jackson County are affirmed. Conviction of capital murder and sentence of life imprisonment, without the possibility of parole, in the custody of the Mississippi Department of Corrections, Affirmed. Jackson County taxed with costs of appeal. Votes: Smith, C.J., Easley, Carlson and Lamar, JJ., Concur. Graves, J., Dissents with Separate Written Opinion Joined by Diaz, P.J., and in Part by Waller, P.J., and Dickinson, J. Dickinson, J., Dissents with Separate Written Opinion Joined by Waller and Diaz, P.JJ., and in Part by Graves, J. Dissenting Opinion: Graves, J. Votes: Diaz, P.J., Joins This Opinion. Waller, P.J., and Dickinson, J., Join This Opinion in Part. Dissenting Opinion: Dickinson, J. Votes: Waller and Diaz, P.JJ., Join This Opinion. Graves, J., Joins This Opinion in Part.

Barry Pope, Individually and as a Shareholder of Worldwide Forest Products, Inc., et al. v. Brian Sorrentino, Dale Hill, Worldwide Forest Products, Inc., Kemper Pressure Treated Forest Products, Inc., Life2K.com, Inc., Algonquin Acquisition Corporation, Generation Acquisition Corporation, SyndicationNet.Com, Inc. and Castle Securities Corporation; Madison Circuit Court; LC Case #: 2001-0267; Ruling Date: 01/06/2005; Ruling Judge: L. Hilburn, ; Disposition: Barry Pope's pro se petition for writ of certiorari is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson, Randolph and Lamar, JJ. To Grant: Easley, J. Order entered.

Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 02/13/2006; Ruling Judge: Winston Kidd; Consolidated with 2006-IA-00420-SCT Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 03/02/2006; Ruling Judge: Winston Kidd; Disposition: Appellants motion for rehearing is granted. The previous order dismissing the interlocutory appeals is vacated and these opinions are substituted therefor. Reversed and Rendered. Diaz, P.J., Easley and Graves, JJ., would deny.

Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 02/13/2006; Ruling Judge: Winston Kidd; Consolidated with 2006-IA-00420-SCT Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 03/02/2006; Ruling Judge: Winston Kidd; Disposition: Appellee's Rule 38 Motion for Damages for Frivolous Appeal and Response to Forest Hill Nursing Center and Long Term Care Management, LLC's motion for rehearing is dismissed as moot. See majority opinion at footnote 10 handed down this date.

Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 02/13/2006; Ruling Judge: Winston Kidd; Consolidated with 2006-IA-00420-SCT Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 03/02/2006; Ruling Judge: Winston Kidd; Majority Opinion: Carlson, J. Disposition: The motion for rehearing is granted. The previous order dismissing the interlocutory appeals is vacated and these opinions are substituted therefor. Reversed and Rendered. Appellee taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., Dissents Without Separate Written Opinion. Diaz, P.J., Dissents With Separate Written Opinion Joined in Part by Graves, J. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion in Part.

Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 03/02/2006; Ruling Judge: Winston Kidd; Consolidated with 2006-IA-00364-SCT Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 02/13/2006; Ruling Judge: Winston Kidd; Disposition: Appellants motion for rehearing is granted. The previous order dismissing the interlocutory appeals is vacated and these opinions are substituted therefor. Reversed and Rendered. Diaz, P.J., Easley and Graves, JJ., would deny.

Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 03/02/2006; Ruling Judge: Winston Kidd; Consolidated with 2006-IA-00364-SCT Forest Hill Nursing Center and Long Term Care Management, LLC v. Frederica Brister, Conservator of Willie McKee, as Personal Representative of Pearl Henry, Deceased, and on Behalf of the Wrongful Death Beneficiaries of Pearl Henry, Deceased; Hinds Circuit Court 1st District; LC Case #: 251-03-841CIV; Ruling Date: 02/13/2006; Ruling Judge: Winston Kidd; Disposition: Appellee's Rule 38 Motion for Damages for Frivolous Appeal and Response to Forest Hill Nursing Center and Long Term Care Management, LLC's motion for rehearing is dismissed as moot. See majority opinion at footnote 10 handed down this date.

In Re The Guardianship of Albert Jermaine Duckett and Walter Williams, Jr.; Walter Williams, Sr., Guardian: BancorpSouth Bank f/k/a Bank of Mississippi v. Albert Jermaine Duckett, Walter Williams, Jr., and Walter Williams, Sr.; Tishomingo Chancery Court; LC Case #: 12,551; Ruling Date: 08/17/2006; Ruling Judge: Talmadge Littlejohn; Disposition: Motion for rehearing filed by appellees is denied. Easley and Randolph, JJ., would grant. Waller, P.J., and Lamar, J., not participating.

C.A. and Wanda Cavagnaro v. Coldwell Banker Alfonso Realty, Inc.; Harrison Circuit Court 1st District; LC Case #: A2401-2005-00211; Ruling Date: 09/26/2006; Ruling Judge: Roger Clark; Disposition: Petition for writ of certiorari filed by C.A. and Wanda Cavagnaro is denied. To Deny: Smith, C.J., Waller and Diaz, P.JJ., Carlson, Graves, Dickinson and Lamar, JJ. To Grant: Easley and Randolph, JJ. Order entered.

Johnny Ray Davis v. State of Mississippi; Jones Circuit Court 2nd District; LC Case #: 2005-67-KR2; Ruling Date: 03/29/2007; Ruling Judge: Billy Landrum; Disposition: Petition for writ of certiorari filed by counsel for Johnny Ray Davis is denied. To Deny: All Justices. Order entered.

Melvin Alesich v. State of Mississippi; Harrison Circuit Court 1st District; Ruling Judge: Jerry Terry, Sr.; Disposition: On the Court's own motion, Lewie G. "Skip" Negrotto, IV has shown cause and sanctions are not appropriate in this matter. Order entered.

David Wayne Gaddy v. State of Mississippi; Harrison Circuit Court 2nd District; LC Case #: A2402-07-49; Ruling Date: 02/06/2008; Ruling Judge: Stephen Simpson; Disposition: Petition for writ of certiorari filed pro se by appellant is dismissed. Order entered.

Richard F. Scruggs; Scruggs Law Firm, P.A.; Nutt & McAlister, PLLC; Don Barrett, Individually; Barrett Law Office, P.A. and Lovelace Law Firm, P.A. v. Jones, Funderburg, Sessums, Peterson & Lee, LLC; Lafayette Circuit Court; LC Case #: L07-135; Ruling Date: 02/26/2008; Ruling Judge: William Coleman; Disposition: Joint Motion to Partially Lift Stay and to Dismiss Certain Parties to Appeal filed by appellants and appellee is granted. Order entered.

Don Barrett, Individually, Barrett Law Office, P.A., Nutt & McAlister, PLLC and Lovelace Law Firm, P.A., Richard Scruggs and Scruggs Law Firm, P.A. v. Jones, Funderburg, Sessums, Peterson & Lee, LLC; Lafayette Circuit Court; LC Case #: L07-135; Ruling Date: 04/16/2008; Ruling Judge: William Coleman; Disposition: Joint Motion to Partially Lift Stay and to Dismiss Certain Parties to Appeal filed by appellants and appellee is granted. Order entered.