10/26/2006 - Hand Down and published opinions in WordPerfect/ZIP format

Carlson, George C.
X  2005-CA-01158-SCT

Mississippi Insurance Guaranty Association v. MS Casualty Insurance Company and American Reliable Insurance Company, Inc.; Madison Chancery Court; LC Case #: 2004-337; Ruling Date: 06/08/2005; Ruling Judge: William Lutz; Majority Opinion: Carlson, J. Disposition: Affirmed. Appellant taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., not participating.

Lillie Brakefield v. The Public Employees' Retirement System; Hinds Circuit Court 1st District; LC Case #: 251-99-000921; Ruling Date: 06/27/2003; Ruling Judge: W. Yerger; Disposition: Petition for writ of certiorari filed by counsel for Lillie Brakefield is denied. To Deny: Smith, C.J., Waller and Cobb, P.JJ., Diaz, Carlson, Graves, Dickinson and Randolph, JJ. To Grant: Easley, J. Order entered.

Jonathan Duncan v. State of Mississippi; Jasper Circuit Court 2nd District; LC Case #: 23-22-K; Ruling Date: 10/21/2003; Ruling Judge: Robert Evans; Disposition: Motion for rehearing filed by attorney for appellant is denied.

Southland Enterprises, Inc. v. Newton County, Mississippi; Newton Circuit Court; LC Case #: 00-CV-047-NW; Ruling Date: 12/11/2003; Ruling Judge: V. Cotten; Disposition: Petition for writ of certiorari filed by counsel for Newton County, Mississippi, is denied. To Deny: All Justices. Order entered.

Jan Michael Brawner, Jr. v. State of Mississippi; Tate Circuit Court; LC Case #: CR2001-47-B-T; Ruling Date: 04/12/2002; Ruling Judge: Andrew Baker; Disposition: Motion for Leave to Proceed in the Trial Court with a Petition for Post Conviction Relief is denied. See Opinion of this Court handed down this date.

Jan Michael Brawner, Jr. v. State of Mississippi; Tate Circuit Court; LC Case #: CR2001-47-B-T; Ruling Date: 04/12/2002; Ruling Judge: Andrew Baker; Majority Opinion: Cobb, P.J. Disposition: Petition for Post Conviction Relief, Denied. Tate County taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Anderson Curry a/k/a Anderson Curry, II v. State of Mississippi; Bolivar Circuit Court 2nd District; LC Case #: 2002-084-CR2; Ruling Date: 06/18/2004; Ruling Judge: Albert Smith, III; Disposition: Motion for rehearing filed by counsel for appellant is denied. Graves, J., not participating.

Penelope Ann Payne v. Max D. Whitten; Tate Circuit Court; LC Case #: CV2002-327-B/T; Ruling Date: 06/14/2004; Ruling Judge: Andrew Baker; Majority Opinion: Smith, C.J. Disposition: The Judgment of the Court of Appeals is Reversed, and the Judgment of the Circuit Court is Reinstated and Affirmed. Appellant taxed with costs of appeal. Votes: Waller, P.J., Diaz, Easley, Carlson, Dickinson and Randolph, JJ., Concur. Cobb, P.J., and Graves, J., not participating.

Huey Stockstill and Gayle B. Stockstill v. Lynn Crosby Gammill, Stewart Gammill, III, Stewart Gammill, IV, Lucius Olsen Crosby Gammill and Jennifer Lynn Gammill McKay; Pearl River Chancery Court; LC Case #: 99-0365GN-TH; Ruling Date: 01/07/2004; Ruling Judge: Johnny Williams; Majority Opinion: Carlson, J. Disposition: On Direct Appeal: Affirmed. On Cross-Appeal: Affirmed. Appellants and appellees taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Diaz, Easley, Graves, Dickinson and Randolph, JJ., Concur. Cobb, P.J., not participating.

Guy J. Howard and Joyce Howard v. The Estate of Earline B. Harper, by and through Talmadge L. Harper, Administrator of the Estate of Earline B. Harper, for the Use and Benefit of the Estate of Earline B. Harper, and for the Use and Benefit of the Wrongful Death Beneficiaries of Earline B. Harper; Lauderdale Circuit Court; LC Case #: 02-CV-081(R); Ruling Date: 01/05/2005; Ruling Judge: Larry Roberts; Consolidated with 2005-IA-00117-SCT Guy J. Howard and Joyce Howard v. The Estate of Melvin Thead, by and through Sandra Patton, Administratrix of the Estate of Melvin Thead, for the Use and Benefit of the Estate of Melvin Thead, and for the Use and Benefit of the Wrongful Death Beneficiaries of Melvin Thead; Lauderdale Circuit Court; LC Case #: 02-CV-064(R); Ruling Date: 01/05/2005; Ruling Judge: Robert Bailey; Majority Opinion: Smith, C.J. Disposition: Reversed and Remanded. Appellee taxed with costs of appeal. Votes: Waller, P.J., Easley, Carlson, Dickinson and Randolph, JJ., Concur. Diaz, J., Dissents with Separate Written Opinion Joined by Graves, J. Cobb, P.J., not participating. Dissenting Opinion: Diaz, J. Votes: Graves, J., Joins This Opinion.

Children's Medical Group, P. A. v. Robert Phillips, Individually and as Next Friend and Natural Guardian of Tanner Wade Phillips and Grant Russell Phillips, Minors; Hinds Circuit Court 1st District; LC Case #: 251-04-1202CIV; Ruling Date: 03/08/2005; Ruling Judge: Winston Kidd; Majority Opinion: Dickinson, J. Disposition: Affirmed in Part; Reversed and Remanded in Part. Appellant and appellee taxed with costs of appeal. Votes: Diaz, Easley and Randolph, JJ., and Barry, S.J., Concur. Parker, S.J., Concurs in Part and Dissents in Part with Separate Written Opinion. Smith, C.J., Waller and Cobb, P.JJ., Carlson and Graves, JJ., not participating. Concurring in Part and Dissenting in Part Opinion: Parker, S.J.

The Mississippi Bar v. Michael E. Gilmer; Disposition: Michael E. Gilmer is suspended from the practice of law in the State of Mississippi for a period of five years from the date of entry of this order. Order entered.

The Mississippi Bar v. Michael E. Gilmer; Majority Opinion: Waller, P.J. Disposition: Michael E. Gilmer is suspended from the practice of law in the State of Mississippi for a period of five years from the date of entry of this order. Michael E. Gilmer taxed with costs of appeal. Votes: Smith, C.J., Cobb, P.J., Diaz, Easley, Carlson, Graves, Dickinson and Randolph, JJ., Concur.

Mississippi Commission on Judicial Performance v. John L. Sanford; LC Case #: 2005-227; Ruling Date: 05/12/2006; Ruling Judge: Patricia Wise; Disposition: Joint Motion for Approval of Recommendations filed by the Mississippi Commission on Judicial Performance is granted in part and denied in part. See Opinion of this Court handed down this date. Cobb, P.J., and Diaz, J., not participating.

Mississippi Commission on Judicial Performance v. John L. Sanford; LC Case #: 2005-227; Ruling Date: 05/12/2006; Ruling Judge: Patricia Wise; Majority Opinion: Carlson, J. Disposition: Covington County Justice Court Judge John L. Sanford shall be publicly reprimanded in open court by the presiding judge of the Covington County Circuit Court on the first day of the next term of that court after this decision becomes final; is suspended without pay for thirty (30) days from and after the date of issuance of the mandate in this case; and, is assessed costs in the amount of $100.00. John L. Sanford taxed with costs of appeal. Votes: Smith, C.J., Waller, P.J., Dickinson and Randolph, JJ., Concur. Easley and Graves, JJ., Concur in Part and Dissent in Part Without Separate Written Opinion. Cobb, P.J., and Diaz, J., not participating.

Robert Blair Lee, M.D., Vinita Gulanikar, M.D. and Surgical Anesthesia Associates, P.A. v. Vanessa Banks, Individually, and on Behalf of all the Wrongful Death Beneficiaries of Arthur Lee Banks, Deceased and all Other Who are Entitled to Recover Under the Wrongful Death and Survival Statute; Hinds Circuit Court 1st District; LC Case #: 251-05-552CIV; Ruling Date: 05/22/2006; Ruling Judge: Tomie Green; Disposition: Joint Motion to Lift Stay filed by counsel for all parties is granted. The stay entered in this matter is hereby lifted for the sole purpose of allowing the Circuit Court of Hinds County, Mississippi to rule on motions for summary judgment which were filed by Robert Blair Lee, M.D., Vinita Gulanikar, M.D., and Surgical Anesthesia Associates, P.A., prior to this Court's granting the interlocutory appeal. Graves, J., not participating. Order entered.

Entergy Mississippi, Inc. v. Dillard & Company, Inc. and John T. Dillard; Washington Circuit Court; LC Case #: CI 2006-2; Ruling Date: 08/10/2006; Ruling Judge: W. Hines; Disposition: Petition for Interlocutory Appeal filed by Entergy Mississippi, Inc., is denied. Motion of Petitioner for Stay filed by Entergy Mississippi, Inc. is denied. Smith, C.J., and Carlson, J., would grant. Graves, J., not participating. Order entered.