10/25/2007 - Hand Down and published opinions in WordPerfect/ZIP format

Diaz, Oliver E.
X  2006-CA-01875-SCT

Johnny L. DuPree, in His Official Capacity as Mayor of the City of Hattiesburg, Mississippi v. Carter Carroll, C. E. Bailey and Kim Bradley; Forrest Circuit Court; LC Case #: CI06-0132; Ruling Date: 09/29/2006; Ruling Judge: Robert Helfrich; Majority Opinion: Diaz, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur. Easley, J., Concurs in Result Only.

David Scoggins v. Baptist Memorial Hospital-Desoto ; DeSoto Circuit Court; LC Case #: CV2006-0005CD; Ruling Date: 10/26/2006; Ruling Judge: Robert Chamberlin; Majority Opinion: Diaz, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Dickinson, Randolph and Lamar, JJ., Concur.

Bobbie Johnson v. St. Dominics - Jackson Memorial Hospital; Hinds Circuit Court 1st District; LC Case #: 251-04-000892-CIV; Ruling Date: 06/14/2006; Ruling Judge: Bobby DeLaughter; Majority Opinion: Waller, P.J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Diaz, P.J., Easley, Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Graves, J., Concurs in Result Only.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Disposition: Motion for Rehearing of Motion to Stay filed by Earl Wesley Berry is denied. Diaz, P.J., Graves and Dickinson, JJ., would grant. Order entered.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Disposition: This corrected order is entered solely for the purpose of specifying that a written objection will follow by Justice Dickinson. Except as revised, the order entered on October 18, 2007, denying the Motion for Rehearing of Motion to Stay filed by Earl Wesley Berry shall remain in full force and effect as entered. Diaz, P.J., Graves and Dickinson, JJ., would grant. Written Objection by Dickinson, J., to follow. Corrected Order entered.

Marcus Chandler v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 01-1-422; Ruling Date: 01/30/2003; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed pro se by Marcus Chandler is denied. To Deny: All Justices. Order entered.

Citifinancial Mortgage Company, Inc. v. Rosie Washington and Catherlean Craft; Jasper Circuit Court 2nd District; LC Case #: 21-0098; Ruling Date: 02/10/2005; Ruling Judge: Robert Evans; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellees taxed with costs of appeal. Votes: Waller, P.J., Carlson, Dickinson, Randolph and Lamar, JJ., Concur. Diaz, P.J., Easley and Graves, JJ., Dissent Without Separate Written Opinion.

Marcus Whitehead v. State of Mississippi; Hinds Circuit Court 1st District; LC Case #: 04-0-268; Ruling Date: 05/12/2005; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for Marcus Whitehead is denied. To Deny: Smith, C.J., Waller, P.J., Easley, Carlson, Graves, Randolph and Lamar, JJ. To Grant: Diaz, P.J., and Dickinson, J. Order entered.

Upchurch Plumbing, Inc. and Triconex Systems, Inc. v. Greenwood Utilities Commission; Leflore Circuit Court; LC Case #: 20-0024(H)(L); Ruling Date: 07/12/2005; Ruling Judge: W. Hines; Disposition: Appellee's Motion to Amend Mandate to Award Statutory Appeal Damages is granted; the statutory penalty of fifteen percent of the principal amount of the trial court's final judgment, $2,622,451.96, is hereby assessed againt the appellants, Upchurch Plumbing, Inc., and Triconex Systems, Inc.; that the mandate shall be amended to reflect this Court's assessment of the fifteen percent penalty pursuant to Miss. Code Ann., Section 11-3-23 (Rev. 2002); and, the Clerk of this Court is directed to issue an amended mandate consistent with this Court's opinion and this order. Lamar, J., not participating. Order entered.

Christine Wilson v. State of Mississippi; Madison Circuit Court; LC Case #: 2005-0077; Ruling Date: 10/05/2005; Ruling Judge: Samac Richardson; Majority Opinion: Carlson, J. Disposition: Conviction of felony shoplifting and sentence of five (5) years in the custody of the Mississippi Department of Corrections, with the last year suspended, and five (5) years supervised probation, with conditions, Affirmed. Appellant shall pay court costs in the amount of $304.50 and a fine of $1,000.00. Madison County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Easley, Randolph and Lamar, JJ., Concur. Dickinson, J., Concurs in Result Only. Diaz, P.J., Dissents With Separate Written Opinion Joined by Graves, J. Dissenting Opinion: Diaz, P.J. Votes: Graves, J., Joins This Opinion.

Dr. Tommye Henderson, in His Official Capacity as Superintendent of Clinton Municipal School District, Clinton Municipal School District, and John Does 1-10 v. Martha Hartzog, as Guardian Parent and Next Friend of Jane Doe, and Jane Doe, a Minor; Hinds Circuit Court 1st District; LC Case #: 251-06-636 CIV; Ruling Date: 06/21/2007; Ruling Judge: Tomie Green; Disposition: Petition for Interlocutory Appeal and for Stay of Trial Court Proceedings filed by Dr. Tommye Henderson, et al., is denied. To Deny: Waller and Diaz, P.JJ., Easley, Randolph and Lamar, JJ. To Grant: Smith, C.J., Carlson and Dickinson, JJ. Not Participating: Graves, J. Order entered.

North Mississippi Medical Center, Inc., Elizabeth Brown, Executrix of the Estate of Alan Paul Brown, M.D., Deceased v. Janice Caldwell and Robert C. Caldwell; Lee Circuit Court; LC Case #: CV06-072GL; Ruling Date: 08/13/2007; Ruling Judge: Sharion Aycock; Disposition: Petition for Interlocutory Appeal by Permission filed by Petitioners is granted. Easley, J., would deny. Graves, J., not participating. Order entered.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Ruling Judge: Henry Lackey; Disposition: Motion for Rehearing Based Largely on Respondent's Factual Stipulations filed by Earl Wesley Berry is denied. Diaz, P.J., Graves and Dickinson, JJ., would grant. Order entered.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Ruling Judge: Henry Lackey; Disposition: Motion to Recuse Office of the Attorney General and Appoint Special Counsel filed by Earl Wesley Berry is denied. Order entered.

Earl Wesley Berry v. State of Mississippi; Chickasaw Circuit Court 1st District; LC Case #: 9122; Ruling Date: 06/25/1992; Ruling Judge: Henry Lackey; Disposition: This corrected order is entered solely for the purpose of specifying that a written objection will follow by Justice Dickinson. Except as revised, the order entered on October 18, 2007, denying the Motion for Rehearing Based Largely on Respondent's Factual Stipulations filed by Earl Wesley Berry shall remain in full force and effect as entered. Diaz, P.J., Graves and Dickinson, JJ., would grant. Written Objection by Dickinson, J., to follow. Corrected Order entered.

In Re: Mona Pittman; Panola Circuit Court 2nd District; LC Case #: 2007-318 MB; Ruling Judge: Samac Richardson; Disposition: Emergency Petition for Writ of Mandamus and Prohibition to the Circuit Court of Panola County filed by Mona Pittman is denied. To Deny: Smith, C.J., Waller, P.J., Randolph and Lamar, JJ. To Grant: Graves, J. Not Participating: Diaz, P.J., Easley, Carlson and Dickinson, JJ. Order entered.